International Trade & Trade Facilitation

Our partners have provided guidance to global corporations and interest groups on cross-border agreements, while also holding positions as esteemed lecturers at renowned universities in Perú. Our approach involves crafting negotiation strategies rooted in trading regulations, utilising existing conflict resolution mechanisms, and deploying diplomatic tactics in the realm of trade.

Our partner Eduardo Garcia-Godos is Incoterms 2020 Certified Trained from the International Chamber of Commerce-ICC (Mexico) and participated as speaker during the official Incoterms 2020 launch event held in Lima.

• Negotiation and enforcement of International Sales of Goods contracts (CISG).
• Distribution, agencies, and other cross-border collaborative agreements.
• Franchise agreements and licences for the use of intangible assets.

Identifying trade-restrictive measures is complex, given their apparent legitimacy. Such measures often proliferate during periods of recession or economic downturn.

We have proven experience in compliance of International Trade Agreements, and the assessment of Technical Barriers to Trade and Sanitary and Phytosanitary Measures. We have advised major exporting companies on illegal trade-restrictive measures imposed by importing countries. Likewise, we have provided technical assistance to the Peruvian Government on technical regulations design.

• Technical Regulations compliance.
• Norms and National Quality System.
• Non-tariff barriers disputes.

Our firm deeply understands the requirements and controls for the export and import of restricted goods such as foods, pharmaceuticals, medical devices, hygiene and cosmetic products. We are one of the most specialised firms in Latin America for trade facilitation rules contained in the WTO Trade Facilitation Agreement. Our partners have individually provided assistance to Latin American Governments on trade facilitation policy making, namely, Colombia, México, Honduras, and Bolivia.

• Customs disputes resolution.
• Trade compliance programs related to importation, exportation, transit, temporary admission, inward processing and drawback.
• Rules of Origin compliance.
• Authorised Economic Operator certification and impact assessment.

Logistics is critical to cross border trade and international distribution. Logistics processes are increasingly complex as they integrate more services and companies supported by emerging technology. We provide solutions to the regulations that affect logistics operators and their dealings with port and transport authorities, as well as other border controlling agencies.

• Port community management.
• Supply of essential and restricted goods.
• Port community systems’ regulation.

E-commerce has grown steadily in recent years, and the health crisis that arose from the Covid-19 has only accelerated this trend. As a result, digital transactions have become an opportunity for companies to easily access in on-line marketplaces.

Our partners have actively participated in conferences regarding regulation of E-commerce in Perú and Colombia. Moreover, they are currently advising a major Asian IT developer to overhaul a marketplace platform managed by Ministry of Trade of Perú.

• Terms & Conditions, Privacy, and Data Security.
• E-commerce logistics.
• Licensed and software acquisition.
• Digital advertising.
• Consumer claims.
• Intellectual property.

Special Development Zones (SDZ, formerly known as CETICOS in Perú) are mechanisms to promote inbound investment and global value chains. These zones continue to increase worldwide, combining a wide range of incentives to attract capital. SDZ legal framework has been recently improved to modernise its management and expand its scope of permitted activities. Our practice is supported by a renowned Colombian legal boutique on SDZ Araujo & Ibarra.

• Compliance with requirements for entry, storage and exit of goods in the SEZs.
• Strategies for customs regulations compliance.
• Design of value chain models based on permitted activities and operations.

Trade remedies are exceptional relief mechanisms aimed to protect domestic industries from harm caused by unfair trade practices or sudden export surges.

We not only deeply understand the nuances of these mechanisms, but also their application across different jurisdictions in the Latin American region. Our partners have also participated in trade remedies procedures in the Andean Community dispute settlement body.

• Dumping and Subsidies.
• Safeguards measures.
• Trade diplomacy strategies.

Over the years Arbitration has become an increasingly reliable dispute settlement mechanism in Perú. In addition, based on foreign investment promotion policy adopted by the nation, it has signed investment-related agreements including provisions of international arbitration. We assist clients in navigating complex legal matters through arbitration proceedings, covering a wide range of industries. With a global perspective and a network of international partners, we address the challenges that come with multi-jurisdictional disputes.

Our partner Eduardo García-Godos is an arbitrator for the Lima Chamber of Commerce and Amcham Perú. He has served as an expert witness and specialist for a number of important high profile cases before the International Center for Settlement of Investment Disputes (ICSID) in Washington DC.

We are also familiar with the dispute settlement procedures of the WTO and Free Trade Agreements and have a wealth of experience in trade diplomacy and we have participated in the Andean Community trade disputes.

• Domestic and international commercial arbitration.
• Investor-State dispute settlements.
• State-State trade dispute resolution procedures.
• Negotiation and alternative methods of conflict resolution.