Patricia WinterPah-tree-see-ah Ween-terShe/HerAssociate
Patricia is a corporate lawyer with over 8 years of career in the energy and natural resources industry in Brazil. She advises Brazilian and foreign companies in contractual and regulatory matters concerning energy and infrastructure projects. Her practice is also focused on the shipping and port sector.
She has significant experience in contractual negotiations with IOCs and other players of the energy sector; Petrobras bid proceedings; acquisition of operating working interest from Petrobras involving offshore assets; Brazilian local content issues; ship-to-ship and ship-to-barge operations; exportation of crude oil produced in Brazil; maritime liens; contractual and regulatory matters regarding exploration of Private Terminals (TUPs), Public Ports (Portos Organizados), Waterway Transportation Support Facilities (RN 13/2016-ANTAQ), and other port facilities; among others.
Her experience includes regulatory affairs and interface with the Brazilian National Agency of Petroleum, Natural Gas and Biofuels – ANP, the Brazilian National Agency of Waterway Transportation – ANTAQ, the Brazilian National Health Surveillance Agency – ANVISA, and the Brazilian Maritime Authority (the Brazilian Navy).
DLA Piper and Campos Mello Advogados (CMA) are separate and independent law firms, which work in cooperation with one another. Partners of DLA Piper are not partners of CMA; and CMA partners are not partners of DLA Piper.
• Assistance to a Brazilian renewable energy company in the structuring of the project and negotiations of contracts concerning the first carbon capture and storage project in Brazil.
• Secondment in a major offshore services provider, to support the tender team, being responsible for assisting the company in Petrobras bid proceedings, as well as in direct negotiations with Petrobras, IOCs and other offshore players, including negotiations of supply contracts, transportation services, lease agreements, engineering services, charter contracts, EPCI contracts, among others.
• Support to MISC Berhad in Petrobras bid proceeding for the charter and operation of the third FPSO to be employed at the ultra-deepwater Mero field (Mero 3), with special focus on contractual and legal matters such as liabilities, penalties, force majeure, hardship events, termination, and local content. Further support on contractual and regulatory matters for the structuring of the project, after the contracts were awarded to the company.
• Legal advice to a world leading marine fuel supplier on legal and regulatory matters concerning the sale of bunker fuels in Brazil, including potential liabilities concerning the quality of the fuel supplied.
• Support to major oil companies in the development of contractual structures for exportation of crude oil produced in Brazil, including advice on regulatory requirements from the ANP and the Maritime Authority for ship-to-ship operations.
• Legal advice to a major oil company with regards to the exportation of a FPSO from Brazil to UE countries with the purpose of being recycled. This work included assessment of various international treaties, as well as Brazilian regulations issued by environmental bodies, the Maritime Authority (the Brazilian Navy), and nuclear energy body, considering that the FPSO contained biofouling by an invasive species and contamination by radioactive material.
• Advise to Cobra O&G Group, a privately held independent oil and gas company, in the negotiation and acquisition of the Carmópolis Cluster from Petróleo Brasileiro S.A. - Petrobras. At the time of signing of the transaction documents, the US$1.1 billion sale price the largest deal in the history of Brazilian onshore oil and gas exploration and production assets. The Carmópolis Cluster, a set of 11 concessions of onshore production fields with integrated facilities, is located in the state of Sergipe.
• Supporting a Greek shipowner, Maritime Consortium of Thessaloniki Inc – MCT, in the dispute concerning the early termination by Marlin Navegação of the bareboat charter agreement for the operation of a supply vessel Amazon Chieftain Z, which used to provide maritime support to Petrobras’ offshore units while under operation by the Marlin. This dispute is currently ongoing by means of an arbitration and an enforcement lawsuit, and involves customs issues, defects resulting from an accident involving the vessel, among other issues.
• Assistance to a global shipowner with respect to the regulatory maritime and ports framework for the employment of powerships in Brazil, in connection with urgent public bids for energy offer in midst of an energy crisis in the country. This project is expected to be the first power project involving powerships in Brazil.
• Assistance to shipowner BW LNG with respect to contractual and regulatory aspects concerning the operation of the Floating Storage Regasification Unit (FSRU) BW Magna employed for the supply of gas to the Thermal Power Plants of Gás Natural Açu (GNA) in Açu Port, located at São João da Barra, Rio de Janeiro. The advice included contractual structuring of the project from a shipowner's perspective, assessment of regulatory requirements for licensing and operation of BW Magna in Brazil, and requirements to carry-out ship-to-ship transfers of LNG cargo. The project is expected to be Latin America’s largest natural gas-fired thermal power plants. It comprises the implementation of four natural gas-fired combined-cycle thermal power plants, with capacity to generate 6,400 MW of firm energy. Together, the four thermal plants will generate enough power to serve about 30 million homes. The project includes the implementation of a LNG regasification terminal, the FSRU BW Magna, with capacity for 21 million m3/day.
• Support to an independent investment bank based in Oslo, in its defense against a claim filed by an international specialist bank and asset manager, before the courts of Norway, with regards to investments involving six offshore vessels operating in Brazil.
• Advice to the Liberian Ship and Corporate Registry – LISCR on the drafting of international treaties between Liberia and Brazil regarding maritime transportation and waiver of consular visas for authorities of both countries, and on matters concerning Brazilian maritime regulations including analysis of international maritime trade treaties involving Brazil is a party, the applicability of freight taxes and procedures for foreign crew members to work in vessels operating in Brazil.
• Support to an international company in the Petrobras bid for engineering, procurement, construction and installation of subsea risers and flowlines, including the analysis of the EPCI contract and other bid documents, regulatory requirements from ANTAQ and the Maritime Authority, and later assisted the company in the negotiations with Petrobras for the replacement of the construction vessel employed in the project.
- Getúlio Vargas Foundation (FGV-Rio), Post-Graduate Degree in Regulation, 2018.
State University of Rio de Janeiro (UERJ), L.LB (bachelor of law), 2015.
“Maritime Mortgages”, co-author with Marcelo Frazão and Daniel Becker, article published in Petróleo Hoje, Editora Brasil Energia, 20 March 2018. https://petroleohoje.editorabrasilenergia.com.br/stj-reconhece-hipoteca-naval-estrangeira/
"The application and proof of Foreign Law in the light of Private International Law: a critical and comparative approach", co-author with Emília Lana de Freitas Castro, chapter of a book published in the book “Direito Internacional em Expansão”, 1ed, Belo Horizonte: Arraes Editores, 2014, v. 3, p. 369-376. Organized by Wagner Menezes, Clodoaldo Silva da Anunciação and Gustavo Menezes Vieira.
Memberships And Affiliations
• Brazilian Association of Maritime Law (ABDM)
• Infra Women Brazil
• The Foundation for Natural Resources and Energy Law (formerly Rocky Mountain Mineral Law Foundation)