What are the most significant cases and transactions in the LATAM region that you or your legal team have recently been involved in?

In Europe, the Braskem group operates two Polypropylene production plants in Germany and has an international holding and trading company in the Netherlands. The Netherlands location serves as a hub for receiving products from Braskem’s intercompany relationships in Brazil, Mexico, and the USA, which are then exported to countries across Europe and Asia.

The Netherlands legal team plays a pivotal role within the Braskem group, serving as the central legal hub for European and Asian, including Germany, Singapore, Japan, and Thailand. Their responsibilities encompass providing legal support at both local and global levels, which includes managing International Feedstock and Circular Feedstock for the entire Braskem group, overseeing Global Chartering, and contributing to the development of the Global Strategy for Biopolymers and Ethanol.

I have experience in managing complex cross-border transactions connecting Brazil and European countries with a focus on ESG considerations. In one such transaction, I played a crucial role in negotiating a pyrolysis oil supply contract. Braskem NL, a subsidiary of the Brazilian Braskem, entered into an agreement with Vitol, a multinational energy and commodity company, for the procurement of circular feedstock. This feedstock is generated by WPU – Waste Plastic Upcycling A/S, a company with proprietary technology for converting plastic waste into feedstock. Under this agreement, Vitol will provide Braskem with pyrolysis oil resulting from a chemical recycling process at WPU’s facilities in Denmark. This initiative is part of Braskem’s Wenew ecosystem, which reflects their commitment to the circular economy and aligns with their Corporate Strategy for 2030. The strategy aims to achieve the production of 1 million tons of resins and chemical products with recycled content by 2030.

The European legal team and Global Intellectual Property legal team played a key role in supporting the negotiation of a commercial agreement for green ethylene production using the EtE EverGreen™ technology. Braskem NL entered a partnership agreement with Lummus Technology to expedite the global expansion of green ethylene production and the utilization of bioethanol in chemical and plastic products. This initiative aligns with the industry’s commitment to a carbon-neutral circular economy, and the partnership aims to extend the reach of Braskem’s green ethylene technology on a global scale, contributing to sustainability and environmental goals.

What are your organisations plans in the LATAM region over the next 12 months and how will your legal expertise help to achieve these plans?

From a Brazilian industrial plant, Braskem is one of the pioneering suppliers of renewable raw materials for the production of bio-based plastics – sustainably sourced sugarcane ethanol. Braskem announced the goal of producing 1 million tonnes of ‘I’m green®’ polyethylene by 2030.

To this end, the legal team is supporting cross-border business negotiations, such as production capacity increase, client commitments, development partnerships, technology expansion, merger and acquisition transactions, strategic projects in Europe and Asia, among others.

The legal team can help with this by having an internal legal background for different jurisdictions from corporate and business perspectives. The legal department plays an important role in supporting new projects underway both in Europe and Asia, focusing on sustainability and all initiatives related to carbon emissions reduction, which require a lot of legal analysis from various perspectives.

The international expertise of the legal team protects investments and averts international disputes through strategic analyses. Additionally, the legal department contributes reputation and image analyses from various perspectives.

How do you adapt your legal counselling to align with the diverse business practices and customs of various LATAM countries?

In my opinion, the crucial step is to define the structure of the legal department and the scope of each function. Look for professionals with commitment and resilience, willingness to adapt and who accept the challenges that arise. Additionally, having a legal team with different backgrounds, graduates in different jurisdictions and international experience helps to negotiate international agreements and assess the risks of cross-border operations. In addition, it is important to continuously study and stay updated on legislation and new business trends.

In-house lawyers can use their expertise to add value to business operations and growth projects, especially by drawing on their backgrounds with different legislations, to contribute to the best outcome – I often call this “the art of harmonising legislations”.

International legal departments need to be aware of the local culture and mindset of a country. This means understanding the logic behind each jurisdiction before applying legislation. We all know how different people’s perceptions can be. Cross-cultural teams foster great integration around the world. After all, in a global company, the aim is to combine different perceptions and cultures, not just laws.