Hernán Rodríguez

Practice Areas

Energy; Mining; Natural Resources

Career

Hernán joined the Firm as a partner in 2017. He is the co-director of the Natural Resources practice area and has participated in some of the most significant hydrocarbons, mining, and infrastructure projects in Colombia. This includes his involvement in: (i) port projects; (ii) railways; (iii) oil; and (iv) refineries. Hernán has advised the majority of mining companies operating in Colombia.

As Vice President of the Board of Directors of the Colombian Mining Association, Hernán has been actively involved in discussions surrounding the latest regulations for the mining industry, including social and environmental matters. Specifically, Hernán played an active role in the Expert Commission that drafted the Bill to amend Colombia's Mining Code and in a law regulating participation mechanisms for mining and hydrocarbons activities in the country.

Additionally, Hernán was part of the expert commission tasked with drafting a Bill in compliance with the Constitutional Court's order in SU-095-18 (coordination and concurrence). He also advised the International Institute for Sustainable Development (IISD) on the review, analysis, and comments regarding the Mining Bill published by Colombia’s Ministry of Mines and Energy.

As a result, Hernán has extensive experience in reviewing, drafting, and projecting mining regulations and in regulatory matters specific to the mining industry.

Finally, clients emphasize his deep knowledge of mining matters and his relational skills, not only with clients but also with key stakeholders in Colombia, as highlighted by international directories such as Chambers and Partners, The Legal 500, Acritas, and IFLR.

Experience

Mining

Confidential Client: Comprehensive legal advice on the risks, advantages, and disadvantages of entering a copper project in Colombia. The advisory services included preparing an executive presentation, conducting meetings to address inquiries, and drafting essential documents to support the decision-making process.

Confidential Client: Advising on the sale and liquidation of all assets of a company in Colombia. Our counsel includes complete legal and regulatory guidance at each stage of the transaction, covering asset valuation, compliance with local regulations, negotiation with potential buyers, and ensuring all legal formalities are met for the successful completion of the sale and liquidation process.

Confidential Client: Advising on the acquisition of a mining company, including due diligence, transaction document structuring, and strategic guidance for integration and regulatory compliance.

Colombian Mining Association: Legal advice to the Client as a member of an Expert Commission that drafted a Bill to amend Colombia's Mining Code and a law regulating participation mechanisms for mining and oil and gas activities.

Colombian Mining Association: The Firm participated in the Expert Commission tasked with drafting a Bill in compliance with the Constitutional Court’s order in ruling SU-095-18 (coordination and concurrence). This Bill seeks to address specific legal challenges that have affected the mining industry in recent years. Its aim is to resolve various territorial issues that have hindered the development of mining operations in Colombia. The Bill was submitted to the Colombian Congress in September 2020.

Colombian Mining Association: Advice on preparing a simple annulment action before the Council of State concerning Decree No. 044 of January 30, 2024, which establishes criteria for declaring and delimiting temporary natural resource reserves within the framework of mining-environmental planning and other provisions.

International Institute of Sustainable Development (IISD): Legal advice to the International Institute of Sustainable Development (IISD) in reviewing, analyzing, and commenting on the mining bill published by Colombia's Ministry of Mines and Energy. The Ministry sought IISD’s assistance, and we were engaged to perform this analysis, including a comparative law study on relevant issues.

Anglo American, B2Gold, Freeport, Barrick Gold, and other mining companies: General legal advice on regulatory matters specific to the mining industry. In particular, assistance to clients regarding compliance with regulatory requirements imposed by the authorities overseeing mining activities in the country.

Aris Mining Corporation: Advising Aris Gold Corporation in the merger process with GCM Mining Corp, under an Arrangement Agreement whereby GCM will acquire all the outstanding Aris Gold shares not already held by GCM. The estimated value of the transaction is of USD$ 446 million.

Anglo American: Advising Anglo American in all legal and procedural aspects of 136 mining concession requests in Colombia. Also, we advise the company in all corporate matters regarding the Colombian subisiary.

IAMGOLD Corporation: Advising IAMGOLD with most mining and environmental legal aspects of their exploration assets in the municipality of Titiribí, Antioquia. In the framework of this advisory, we advised the Company to integrate various mining titles to extend the exploration phase of these concessions and file new mining concession requests to expand its operations in Colombia.

Atico Mining: advised Atico Mining Corporation in the negotiation, drafting, and execution of the local guarantees (and its amendments) granted by the company in the framework of a secured definitive Credit Agreement entered into with Trafigura PTE LTD. for total gross proceeds of USD $10 million destined for the development of the La Plata project in Ecuador.

Royal Road Minerals: Advising Royal Road Minerals in the stock purchase agreement for the acquisition of a subsidiary of Anglo gold Ashanti with an important number of exploration assets in the south of the country.

Iamgold: Advising Iamgold on a judicial proceeding before the high administrative tribunal against a Court approving a popular consultation promoted by the Major of Titiribí, Antioquia seeking to prohibit mining activities in the municipality. This process is of the utmost importance because the result will be a precedent for the future of gold mining in Colombia.

Mineros S.A.: Advising Mineros on the preparation of a legal presentation and legal opinion regarding the overlapping of their mining project with a very sensitive environmental protection area.

Anglogold Ashanti: Advising the client in a formalization process of traditional miners in the Gramalote Project in Antioquia, and several proceedings with the Mining Authority.

Anglo American Colombia: Acted as counsel for Anglo American Colombia on its acquisition of 100% of four mining titles held by Mineros S.A., in Antioquia, Colombia.

Bluecrest: Acted as counsel for Bluecrest on its acquisition of applications (between 20 and 30 applications in Antioquia) and concession contracts (between 25 and 30 concession contracts in Antioquia) of Bullet Group.

Toachi Mining: Advising Toachi Mining in a Due Diligence of the assets of Atico Mining in Colombia for purposes of entering into a Plan of Arrangement with this company involving assets in Ecuador and Colombia.

Oil and Gas

Gran Tierra Energy: Advising the client on the acquisition of shares of the Spanish company Vetra Southeast S.L.U., and of three oil blocks located in the Departments of Arauca and Putumayo, Colombia through a series of asset sales agreements signed with the Colombian company, Vetra Exploración y Producción Colombia S.A.S. Through this transaction, Gran Tierra Energy will acquire in the Suroriente block, a 36.17% working interest, that in addition to the 15.83% owned initially by Gran Tierra, will result in a total holding of a 52% of working interest and operatorship in that block. The remaining 48% belongs to Ecopetrol. Similarly, Gran Tierra Energy will acquire a 50% working interest in the Putumayo-8 block and will acquire 100% of the Llanos-5 block.

Gran Tierra Energy: Acting as advisor for Gran Tierra Energy Inc. on the acquisition of Nexen Petroleum Colombia Ltda., Petroamerica, and Petrolatina including due diligence, regulatory filings and closing activities.

Petrogranada: Acting as advisor for Petrogranada on the acquisition of the 50% interest in the Putumayo-7 Block in Colombia from Petro Caribbean Resources Ltd. (PUT-7 Block).

YPF: Acting as advisor for YPF on oil& gas regulatory matters and proceedings before the ANH.

Languages Spoken

English

Spanish

Education

Awards