Management Real Estate
Resume:
JUAN PABLO PENUELA-VELEZ
** ********* *****, #***; Coral Gables, Florida 33133 . Home:
E-mail: abmg2d@r.postjobfree.com
CAREER SUMMARY
International Business Attorney with world-class legal and regulatory
experience managing risk, legal and regulatory affairs and oversight of
Compliance Programs for top Fortune 500 companies. Global experience
includes U.S. Europe, Africa, Asia, Pacific and Latin America and the
Caribbean. Particular focus on the financial services industries.
Strengths: ability to develop cooperative relationships in highly matrixed
organizations, build consensus and follow through on commitments. Global
vision, result driven, multilingual, N.Y. Bar candidate.
AREAS OF EXPERTISE
AML Compliance, FATF, BSA, Patriot Act, Governance, Ethics and Corporate
Govt. Sanctions (OFAC,EU,UN), KYC, CIP, Compliance
Exams
Implementation and oversight of AML Litigation, Arbitration and Regulatory
programs Proceedings
Audits, Program Reviews, Risk Assessments Corporate Maintenance and Regulatory
Matters
Review, Drafting and Negotiation of M&A and Corporate Restructuring
US/Latam Contracts
PROFESSIONAL EXPERIENCE
THE WESTERN UNION COMPANY, Sunrise, Florida 2007 - Present
(Fortune 500 company and world's #1 money remittance company)
Manager - Global Compliance - AML & Regulatory
AML and regulatory compliance program oversight function primarily focused
on business unit's international expansion. Responsible for providing
guidance and support to Senior Executive Management and operations, lead
brand alignment efforts and global expansion initiatives in LACA, EMEA and
APAC. Main functions includes identifying and managing risk associated with
existing controls related to general licensing and AML program, content
issues and resolution of jurisdictional conflicts, applicable US or country
local regulations, internal policies and regulatory concerns. Assist on
examinations and ensure cohesive set of policies, rules and controls on all
brands. I established effective relationships with business leaders, global
Compliance peers, operations teams and partners in technology to achieve a
safe, automated and steady approach to our domestic and international
expansion. Also, I serve as liaison for corporate headquarter teams,
responsible for review and update of Policies and Procedures and Manuals of
Level I, II and III, monitoring U.S. and international transaction reports
team, GRA (Global Risk Assessment) reports, planning and execution of
pertinent remedial action, facilitation and escalation across a highly
matrixed compliance and business organization. I participated in the design
and creation of training materials for internal and external parties both
domestic and international. Serve as point of contact for program reviews
and point of reference on official examination's opening and exit meetings,
reviewing responses to requests, clarifications and documentation. Other
responsibilities includes ensure proper agent's due diligence and general
issue tracking, reports and metrics provided to Senior Management.
Internationally I established protocols for prospect reviews vis- -vis
global expansion including participation in targeted or ad hoc compliance
program reviews. I support the business team actively by leveraging the
expertise and best practices of our compliance shared services practice and
existing technology tools domestically to expand across all regions. I
participate in the design and implementation of compliance systems
controls, policies and procedures in accordance to each new entering
country's pertinent laws and regulations and the establishment of all
necessary policies, procedures and corresponding training materials.
Performed due diligence reviews vis- -vis target acquisitions and
coordinated internal corporate compliance investigation matters with legal
Counsel.
CITIBANK N.A., Miami, Florida 2006
(Formerly Banco de Chile, Chile's largest bank by revenue, second largest
by number of accounts)
External Advisor, Due Diligence Unit
Responsible for establishing and implementing enhanced due diligence
guidelines for highest risk corporate customers based on asset volume.
Implemented KYC targeting corporate customers and complex holding
structures with net worth of $100+ USD Million including complex off-shore
based holdings and U.S. multinational corporations with operations in
Chile. I trained staff personnel on government sanction lists screening
procedures including preparation of potential matches preliminary reports,
documentation tracking and follow up, corporate and individual ID
procedures, and file management. I also advised analysts on questions
during transaction monitoring including focus groups for review of
individual and corporate accounts to ensure adoption of best practices
before presentations and/or final filing of reports.
TYCO INTERNATIONAL LTD., Boca Raton, Florida 2004 - 2006
(A global manufacturing and services conglomerate with Security,
Electronics, Healthcare (Covidien) and Engineering products, 260,000
employees worldwide and, 2005 revenue of $42 Billion. LA&C operations
comprised 262 subsidiaries in 21 countries across the region.)
Manager of Legal and Regulatory Affairs - Latin America & Caribbean
Responsible for providing to the VP and General Counsel a report and
recommendations on the status of the management of legal affairs in the
region. I provided counsel in the creation and organization of a Law
Department for all divisions on LA&C. Also, reporting to the General
Counsel and to division Tyco Fire & Security's Chief Litigation Counsel I
monitored, supervised country in-house counsel work (12), managed legal,
regulatory and corporate maintenance affairs for the region. I performed
compliance investigations (in violation of FCPA, UN Declaration against
Corruption and Bribery, in International Commercial Transactions, EU Anti-
Corruption Policy, PURPA) provided business transaction and regulatory
compliance support on the daily operations of subsidiaries advising and
senior business management at Corporate, division-corporate, regional and
local management levels including pertinent training.
. Performed daily review and negotiation of contracts and real estate
transactions for the operations in addition to those of particular
regional relevancy/sensitive nature for Corporate/Division offices
including Licensing, Consulting agreements, Distribution, Non-compete,
Non-disclosure, Leasing, Sale, Purchase, general services agreements, and
documentation for private/public bids.
. Successfully negotiated a Cash Pooling Arrangement Project in support to
Tyco Treasury Department finalizing 11 agreements with Citibank for each
54 subsidiaries in Mexico, with Bankboston 6 Agreements for 11
subsidiaries in Brazil and 6 Agreements with Bankboston and Citibank in
Chile.
. Managed corporate maintenance efforts for all LA&C subsidiaries including
review and approval of all Ordinary and Special shareholders meeting
minutes, Proxies, PoA's, appointment of D&O slates, amendments to
articles of association/incorporation and bylaws and supervised work of
each division's Senior Corporate Paralegals and Corporate Secretary
Office. Presented a complete inventory of entities for the region in one
year and consolidated all records.
. Managed relationships with 78 external counsel firms out of 172+ used in
the region which included review of engagement procedures, fee
arrangements, document retention policies and procedures, firm selection
policies and procedures, and review and approval of payment of invoices.
Initiated a project for execution of Retainer Agreements with all firms
achieving 80% coverage in a period of two months until departure and a
100% coverage of invoices review.
. Supporting Tyco's M&A group I performed target companies due diligence
review, reviewed and supported negotiation of LOI's, SPA's, APA's, NDA's,
reviewed and executed corporate resolutions and related documentation,
and coordinated work with local outside counsel. Three (3) mergers, two
(2) new country operations (acquisitions) opened and three (3)
divestitures were completed on year 2005.
MUTUAL BENEFITS CORPORATION, Fort Lauderdale, Florida 2004
(A $1 Billion dollar financial services company. A viatical and senior life
insurance settlement broker with operations in 100+ countries worldwide.).
AML Deputy Compliance Officer
Reported to Chief Compliance Officer. Responsible for daily monitoring and
review of domestic and international transactions and performance of due
diligence (Know Your Customer) review to individual and corporate investors
from Latin America & the Caribbean, EMEA, Asia, Australia, and Canada.
Clients included private investment funds, trust funds, hedge funds and
wealth management firms worldwide (including Dubai, Isle of Man,
Luxembourg, Cayman Islands, British Virgin Islands, Uruguay).
. Implemented controls and procedures for review of investment
transactions, enforcement of company's Anti Money Laundering program
policies, training to employees, and assisted in training for foreign
agents/dealers located in Latin America.
. Supervised AML Compliance Department personnel and monitored staff's
diligence review work.
ARVESU URDANETA CALZADILLA & PEREZ-BURELLI P.A., Miami, Florida 2002 -
2003
(Partnership between Venezuelan firm 'Baumeister' and 'Brewer' and
'Urdaneta, Calzadilla & Perez-Burelli P.A'.. Primary focus: international
business and corporate transactions advising high profile clients from
Latin America, Spain and Portugal.)
Of Counsel - Corporate Department
. Conducted corporate structuring plans for clients/investors including
formation of off-shore entities.
. Reviewed and drafted contracts: Sale, Purchase, Distribution, Franchise,
Employment Agreements, NDA's, LOI's, and prepared and drafted
Shareholders Agreements, Bylaws, Operating Agreements and corporate
resolutions required.
. Prepared corporate documentation for the application of investor, family
and personnel visas in the U.S.
EDWARD MONTOYA P.A., Miami, Florida 2002
(Small boutique firm specialized in complex litigation with an emphasis on
Airline and automobile accidents.)
Of Counsel - International Litigation
Project based assignment. Collected evidence and documentation, and
prepared and took interrogatories and depositions on witnesses in various
countries in Latin America and translated them into English. Prepared and
presented full brochure presentations for complex litigation actions from
victims of airplane (Air France, TAME) and automobile (Ford, Firestone)
accidents with a total claim amount of $42M dollars.
OPENBANK SANTANDER CONSUMER S.A., Miami, Florida 2001
(Formerly: Patagon.com Securities Corp. Financial Corporation specialized
in on-line Banking and Securities services. Premier destination and largest
provider of on-line banking and securities trading services in Europe and
Latin America in year 2000. Acquired by Banco Santander.)
Associate Corporate Counsel
Reported to Vice President and General Counsel, and to the Chief Compliance
Officer. Responsible for Corporate Policy internal enforcement and
development of Anti-Money Laundering program, compliance and training for
Latam banking operations. Supported Chief Compliance Officer on broker-
dealer operations and implementation of controls as demanded by newly
enacted Patriot Act.
. Reviewed and analyzed Latin American laws and regulations to create a
framework allowing penetration and rendering of on-line banking and
brokerage services in the various Latam countries.
. Reviewed, amended and presented Patagon's new Corporate Policy Manual
including a Manual of Ethics and implemented subsequent distribution and
training program for personnel in Latin America.
. Prepared and presented an AML program for all subsidiaries in Latin
America as part of applications for banking operation licenses in Mexico,
Brazil, Argentina and Chile including training materials were all
licenses were granted.
. Supported Chief Compliance Officer in the supervision and monitoring of
division's personnel investment operations, including review of
advertising and employees trading, and prepared Suspicious Activity
Reports (SAR's).
ASOCIACION BANCARIA Y DE ENTIDADES FINANCIERAS DE COLOMBIA, Bogot ,
Colombia 1998
(Colombian Bankers Association -ASOBANCARIA- with over 1,600 employees
grouping country's major banking institutions.)
Associate Counsel - Risk Management Division
Reported to Senior VP and General Counsel and to Director of Risk
Management. Responsible for research and analysis of international
principles, countries laws and regulations and latest developments to
ensure the Association member's implementation of Anti Money Laundering
(AML) best practices and their promotion. Represented the Association
before its members, regulatory officials, officers of local government
authorities, relevant international organizations and other bankers
associations promoting the Colombian financial community as a model for
self-regulation and money laundering prevention.
EDUCATION
UNIVERSITY OF MIAMI SCHOOL OF LAW, Coral Gables, United States
LL.M. in Comparative Law
Emphasis: International Finance (International Credit Transactions),
International Business Transactions, Corporate Law (M&A Institute Member).
Honors: Foreign Graduate Programs Merit Scholarship recipient.
UNIVERSITY EXTERNADO DE COLOMBIA SCHOOL OF LAW, Bogot D.C., Colombia
Especializaci n en Derecho de los Negocios: complete coursework (LL.M.
Business Law)
UNIVERSITY EXTERNADO DE COLOMBIA SCHOOL OF LAW, Bogot D.C., Colombia
Profesional en Derecho y Ciencias Pol ticas - Abogado (Juris Doctor
equivalent)
Activities: Member at the Financial, Corporate and Insurance Legal Studies
Center
MEMBERSHIPS
INTERNATIONAL BAR ASSOCIATION
INTER-AMERICAN BAR ASSOCIATION
COLOMBIAN BAR ASSOCIATION
LANGUAGES
Spanish (native) . English (fluent) . Portuguese (proficient)
JUAN PABLO PENUELA-VELEZ
90 Edgewater Drive, #510; Coral Gables, Florida 33133 . Home:
E-mail: abmg2d@r.postjobfree.com
ADDENDUM
ACCOMPLISHMENTS
WESTERN UNION, Sunrise, Florida 2007 - Present
. License and operations established in UK and Spain in Q4/08 and Q1/09.
. All brands AML controls alignment successfully completed in March 2008
and consolidated as of today.
. Due diligence review performed on 97 international agents compared
with 16 in 2006
. 2007: NY, CA and AZ state examinations with highest grade results and
no findings. Internationally: 97 new agents reviewed vs. 13 in year
2006.
TYCO INTERNATIONAL LTD., Boca Raton, Florida 2004 - 2006
. Responsible for management of legal affairs of 65
subsidiaries for Fire & Security Division during nine (9)
months. In a 6 months period a completed an inventory of
all subsidiaries with exact information on legal status and
subsequent remedial action project.
. Presented a case study for LA&C including an inventory of
the various existing agreements currently in use and
presented recommendations for adherence and use of
preferred and common T&C's on all divisions as a member of
Tyco's team for standardization of contracts. Issued a new
standardized Distribution Agreement customized for each
division (industry) needs.
. Reducing turnaround time for responses and review of
agreements we increased the level of confidence from the
business leaders to use the newly created Law Department
for LA&C facilitating and accelerating the handover of
legal matters.
. Reduced the number of firms for division Fire & Security in
a six months period including three RFP selection process
and one selection made through an on-line auction using
Quicksource software.
. Performed audits and completed inventory of all litigation
and IP docket for LA&C (employment, commercial, criminal,
regulatory matters and arbitration cases) covering 65 out
of all 240 subsidiaries in supporting Fire & Security's
Chief Litigation Counsel and Chief Intellectual Property
Counsel. This allowed for the first time an accurate
assessment on the status of litigation for the region.
. Counseled operations in compliance with labor and
Employment laws, with pertinent SOX provisions, FCPA
training, EHS AML and Trade regulations in the countries of
operation and implemented best corporate practices thru
creation of specific procedures and protocols. First FCPA
training performed in LACA. To Brazil 100% coverage.
. Successfully negotiated ryder to Global Master Agreement
with Colliers International (Real Estate Global Company)
adding protection clauses against FCPA and Patriot Act
(Money Laundering issues) non-compliance exposure on
region's real estate transactions.
. Led and completed a successful negotiation with
Salesforce.com for implementation of software in LA&C that
served as model modifying the previously negotiated Europe
and EMEA agreements with more favorable terms.
. Negotiated agreements with IT vendors that allowed Tyco
Fire & Security Latin America the timely implementation of
systems and procedures meeting the deadline imposed by
Corporate to achieve Tyco International Ltd's SOX
compliance certification.
. Reviewed, prepared and executed in one day all
documentation and approvals that allowed Tyco Healthcare
(Covidien) operation in Colombia being selected on two (2)
bids awarding yearly contracts for $3M each, also receiving
an award as division performer of year 2005 for that
division.
. Performed interviews for selection of
investigations/security personnel, administrative and legal
assistants, and attorneys, in supporting compliance
initiatives as well as for LA&C Law department staffing.
OPENBANK SANTANDER CONSUMER S.A., Miami, Florida 2001
. Worked in conjunction with GC in preparing and reviewing Patagon's
subsidiaries legal documentation for initial divestiture presentation and
coordinated with outside counsel data room setup. Prepared responses to
questionnaires during preliminary due diligence and final reports. This
resulted in a final sale in the amount of $500M to Banco Santander in the
record time of one and a half months.
. Reviewed and amended Patagon's broker-dealer Written Supervisory
Procedures.
ASOCIACION BANCARIA Y DE ENTIDADES FINANCIERAS DE COLOMBIA, Bogot D.C.,
Colombia 1998
. Drafted and prepared projects to present to the Colombian government as
proposals to improve the Colombian existing legal framework on Anti Money
laundering. I presented amendments to a proposal for the creation of the
Unidad de Inteligencia Financiera -UIF- (Financial Intelligence Unit)
accepted and included in the final draft prepared by Congress for the
decree and creation of the UIF.
. Coordinator of the Compliance Officials Technical Committee, and Editor-
in-Chief of the Compliance Officials Technical Committee Bulletin.
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