International trade (IT&C) in Peru

Estudio Echecopar member firm of Baker McKenzie International

Estudio Echecopar member firm of Baker McKenzie International has an elite offering in this field, a combination of the deep experience of practice head Luis Alonso Garcia and an unmatched global office footprint. The firm represents multinationals, both homegrown and foreign-based, on a broad array of trade and customs issues, but is particularly adept in litigation - it is handling a number of disputes for trade bodies and associations against governments across Latin America. In a case in point, the firm is advising the Peruvian Association of Port Operators (ASPPOR) in a claim against the Peruvian State government before the Court of Justice of the Andean Community (CJCAN) challenging several amendments to customs law imposed by the State. It was also recently successful on behalf of the Peruvian Cosmetic and Hygiene Association (COPECOH) as claimant before the judicial courts in revoking trade barriers. Luis Alonso Garcia led on both matters, assisted by Gonzalo Bernal who was raised to the partnership in July 2021. Another key member of the team, senior associate Walter Robles Gonzales, left the firm in 2020 but continues to work on an exclusive basis as a consultant to the practice. Notable sector specialisms include agricultural products, air transportation, healthcare, technology and motor vehicles, advising emblematic companies from each, including LATAM Airlines, Merck, IBM and AP Moller - Maersk.

Practice head(s):

Luis Alonso García

Testimonials

What makes this practice unique is the professional quality and the very good attitude to support us in all the queries related to foreign trade that we make, as well as the help we receive when we have reviews from the tax authority. For all this, the knowledge they have of our business is very important, and the promptness in which they deal with our requirements.’

We currently work on issues related to foreign trade only with Baker McKenzie. Lawyers who stand out: Walter Robles, Gonzalo Bernal and Astrid Noriega.’

Key clients

Merck

Asociación Peruana de Agroindustriales del Azúcar y Derivados (APAAD)

LATAM Airlines

Samsung Electronics

Gloria

Derco Peru (Susuki, Mazda, Renault local representative)

IBM Peru

AP Moller – Maersk

Ajegroup

Corporación Peruana de Productos Químicos (QROMA)

Work highlights

  • Representating APAAD, the Peruvian sugar and related products industry association, as a claimant against the Colombian government before the Andean Community Court of Justice (CJCAN), and advising on other trade issues applied to agribusiness.
  • Successful representated the Peruvian Cosmetic and Hygiene Association (COPECOH) as claimant before the judicial courts to revoke trade barriers.
  • Representation of ASPPOR, the Peruvian Association of Port Operators, as a claimant against the Peruvian Government before the Andrean Community (CJCAN).

Rodrigo, Elías & Medrano – Abogados

Full-service powerhouse Rodrigo, Elías & Medrano – Abogados showcases its expertise with an extensive client base of marquee multinational companies and domestic heavy-hitters, including Kuehne + Nagel, Microsoft, IBM, Nokia Siemens Networks Perú and Toyota del Peru. The firm excels in customs planning and the structuring of international trade operations, as well as customs claims and appeals before local authorities such as the Ministry of Foreign Trade and Tourism (MINCETUR) and the courts. Sector expertise includes mining, oil and gas, power, chemical, technology and telecommunications, vehicle-importation, agriculture and textiles. Practice head Julio Guadalupe has a high market profile following many years’ experience advising on international trade law, and significantly, has contributed to the evolution of customs law in Peru. Among an extensive caseload, he is leading advice to Kimberly-Clark Peru with respect to an important tariff classification procedure before the Peruvian Customs Authority whereby the end-goal is to standardise the Peruvian Customs Authority criterion throughout the region where the company has operations. Guadalupe is assisted by very experienced senior associate Juan Acuña and tax associate Joan Tello, although previously highlighted associate Enrique Vargas left the firm in October 2020.

Practice head(s):

Julio Guadalupe

Testimonials

The firm has an incomparable level of expertise. They are undoubtedly the best in the market, both for their knowledge, reach with the authorities and support to their clients.

The team is available and 100% onboard with the client. It seems that they are in-house counsel rather than external.’

For international trade we consider them to be the best team. They are highly educated and handle the legal matters related to these cases very well. They provide positive results and very good advice.’

Julio Guadalupe is highly educated, responsible and concerned about our affairs. Good performance as head of the area that handles our issues.’

Key clients

Compañia Goodyear del Peru

Volvo Peru

Grupo Scharff (Fedex’s Representative in Peru)

Omnilife Peru

Hudbay Perú

Southern Peru Copper Corporation Sucursal del Peru

Grupo Fierro

Tecnológica de Alimentos (TASA)

Minera Chinalco Peru

Quimica Suiza

QSI Peru

Compañía Minera Antamina

Cofaco Industries

Operaciones Arcos Dorados del Perú (Mcdonald’s franchisee in Peru)

ABB

Entel Peru

San Fernando

Work highlights

  • Acting for Kimberly-Clark Peru with regard to an important tariff classification procedure before the Peruvian Customs Authority.
  • Acting for industrial equipment supplier ABB regarding the international sale of equipment to a domestic client that involved the company’s commercial, logistic and accounting procedures.
  • Advising LATAM Airlines with regard to a customs guarantee system applicable to the temporary entry regimes for airplanes.

García Sayán Abogados

García Sayán Abogados has a strong presence in this arena, acting for a broad array of national, regional and international companies on trade and customs matters. More specifically, mandates typically involve guiding clients through import duties, rules of origin and accumulation of origin matters, free trade agreements, anti-dumping and anti-dumping subsidy duties, and WTO litigation, among other matters. Notably, the team is instructed by various government bodies to advise in this regard. Practice head Diego Calmet has a rich pedigree in the field, previously holding various government and regulatory posts during his career: he is a former vice minister for Foreign Trade and past president of the Commission of Control of Dumping and Subsidies at INDECOPI. He now combines this practice with corporate and competition work and is a seasoned arbitrator. Associates of the practice include administrative and regulatory senior associate María Soledad Gastañeta, who is a key adviser.

Practice head(s):

Diego Calmet

Hernández & Cía

Hernández & Cía. Abogados is widely recognised for its expertise in this arena, leveraging off its market-leading tax practice to provide specialist capability in customs matters, as well as wider international trade issues. Mandates typically include administrative and judicial proceedings, alongside the design and assessment of international trade structures, compliance, customs planning and audit procedures. Practice head Leonardo López is widely recognised for his expertise in customs matters, and has a high profile among international trade bodies in Peru. Senior associate Miguel Ángel Campos is a key member of the team and is specialised in customs audit procedures against the Customs Administration, tax court and judicial authorities.

Practice head(s):

Leonardo López

Key clients

Hasbro Perú

Grupo Trafigura

Grupo Telefónica – Telefónica del Perú

Procter & Gamble

Grupo Falabella (Saga, Tottus, Sodimac)

Grupo Andino

Grupo Sandoval

Anglo American Quellaveco

Zona Franca Comercial de Tacna

Grupo Equiperú

Work highlights

  • Successfully advised Rash Perú (Coolbox) in cases related to the tariff classification of technology products.
  • Successfully advised Fábrica Nacional de Acumuladores ETNA in the administrative procedure before the Tax Court and in the judicial process, to prove the correct appliance of the Peru-Chile Free Trade Agreement to avoid the undue collection of import taxes by the Customs Administration.
  • Ongoing advice to Hasbro Peru on international trade matters and customs valuation rules, including, among other aspects, advice on the regulation applicable to each customs procedure, customs planning, as well as the correct application of the tariff preferences established in Free Trade Agreements.

Muñiz, Olaya, Meléndez, Castro, Ono & Herrera Abogados

With one of the largest dedicated teams in the country, Muñiz, Olaya, Meléndez, Castro, Ono & Herrera Abogados demonstrates significant depth in this field. All six lawyers of the practice have gained prior experience at the Peruvian Customs Office, Tax Court of Peru or within international logistics entities. They are led by partner Eduardo Gonzalez, who has been advising in this regard since the 1990s - including a period as consultant to the Ministry of Foreign Trade. Other names to note include fellow partner Cesar Alva, who has over 20 years' focus in this area (although he is less active in individual matters) and associates Patricia Grey Chacón and Eduardo Benjamín De los Ríos Franco. The panoramic practice covers customs valuation, tariff classification, customs regimes, port and airport services, tax-customs treatment, audit procedures, international transactions and foreign trade planning, among other matters. An extensive client roster is drawn from a broad sector base.

Practice head(s):

Eduardo Gonzalez

Key clients

APM Terminals Callao

Pfizer

Nestle Peru

Colgate-Palmolive Peru

Compañía Minera Antamina

Siemens

Kuehne + Nagel

Pepsico Alimentos Peru

Corporación Lindley

Mediterranean Shipping Company del Peru

Merck Peruana

Honda del Peru

Peru LNG

ABB

Sony Peru

Alicorp

Ferreyros Sociedad Anónima

Ingram Micro

Work highlights

  • Acted for Pfizer on the OEA (authorised economic operator) certification process, evaluating Pfizer’s processes and validating legal compliance with OEA requirements, holding coordination meetings with those responsible for each internal process and with the auditors of the Customs Administration.
  • Advised RB Health Peru on the rectification of royalties corresponding to imports made from the period 2016 to June 2020, which had not been included as part of the customs value of the imported merchandise.
  • Represented Colgate-Palmolive Peru before Minister of Foreign Trade and Tourism (MINCETUR) to regularise the application in Peru of the preferential tariff treatment to the importation of the ‘shower gel’ product in the framework of Economic Complementation Agreement between Peru and the Mercosur States.

DS Casahierro Abogados

DS Casahierro Abogados has genuine focus in this area, it's two lead advisers formerly of the top-tier practice at Rodrigo, Elías & Medrano – Abogados: practice head and partner Charles Castle, who previously spent a decade at the firm as an associate, and senior associate Enrique Vargas, who moved firms in October 2020. The compact team advises an extensive and expanding client base of importers, exporters and other foreign trade operators on all their international trade, logistics and customs needs. Gloria, KPMG Argentina, Swissgas del Ecuador and CH Robinson Worldwide (Perú) are recent client gains.

Practice head(s):

Charles Castle

Testimonials

The DS Casahierro team stands out for its knowledge, strength and experience in international trade, logistics and customs matters, as well as for its practical and simple vision to answer our doubts or requirements. It is always available (24/7) and responses are immediate. Without a doubt, it compares favourably with leading law firms and auditing firms in the Peruvian market, since the service is of the highest quality, due to the high level of knowledge and extensive experience of its lawyers. In short, it is a leading international trade firm with a more reasonable price.’

The firm’s lawyers differ from competitors by the fact that they know our business and are interested in being permanently updated in relation to matters that involve our sector. The team’s responses, in addition to being immediate and having solid legal support, are always oriented towards practical solutions for the benefit of the development and continuity of our business. Our main contact at the firm is Enrique Vargas, who has been advising us on international trade issues for more than three years, when he worked at his previous firm. Enrique is a highly prepared lawyer, with extensive experience and a high capacity to understand and anticipate complex problems. He has great abilities to express ideas in a simple way and is always up-to-date with the topics in his area, which allows for a better overview of the issues consulted. He is always on the lookout for our issues, constantly monitoring them. Similarly, Charles Castle is very proactive, always has practical outlets for our legal problems and has great ability to coordinate with attorneys from other jurisdictions.’

Charles Castle, partner of the firm, is a lawyer who gives himself completely to understand the client’s business and contribute in whatever way he can. If he does not have the solutions, he will not hesitate to look for them wherever they are. His commitment to clients is total, you always feel that he is aware of any change in the environment that may affect or interest the client. Enrique Vargas, senior associate, has a great reputation as an expert in foreign trade and customs. He has the prudence of the expert, but always looking for solutions or alternatives, without ever closing in on his expertise or experience. That’s why he asks ongoing questions to adjust his approach and better serve the client.’

Charles Castle is highly committed, with an involvement that stands out. Enrique Vargas is a great companion for business journeys because you feel that you are in the hands of not only an expert and diligent lawyer, but also a person of great qualities who can enrich professional work. You want to continue counting on Enrique even when the pressure of challenges dissipates.

The Casahierro team is solid, you can see the discipline in its lawyers for providing the best possible advice.’

Charles Castle is a multi-faceted attorney; he brings a panoramic view of what is best for clients and knows how to mesh his team with advisory needs. Ivan Manucci has solid tax knowledge and is capable of giving the best advice in a simple and precise way.

Key clients

Maersk Line Perú

Hamburg Sud Perú

Topy Top

Trading Fashion Line

Quicornac

Automotores Gildemeister – Perú

Andritz Hydro Group (Andritz Hydro)

AGP Group (AGP Perú)

Naviera Transoceánica

Multimpex

Bertling – Transgas Tankers

Transgas Tankers

Petrolera Transoceánica

Corporación Aceros Arequipa

Droguerías Unidas del Perú

Highland Superfoods

Menta Perú

Packaging Products del Perú

Grupo Kiyan

Seacorp Perú

Transgas Shipping Lines

KPMG Argentina

APM Terminals Inland Services

Corporación Miyasato

P&E Soluciones Industriales

Citikold del Perú

Swissgas del Ecuador

E Ink Corporation

Capital Pacífico

Maquinaria Nacional

Motor Mundo

Gloria

CH Robinson Worldwide (Perú)

QSI Perú

ADM Andina Perú

SLI Aduanas (Cargo Business Group)

Co-Ol Construcciones Modulares

CLAdirect Perú

Galenicum Health Perú

Work highlights

  • Successfully represented Trading Fashion Line in multimillion-dollar administrative proceedings concerning customs valuations, which concluded that the tax collection by the customs authorities was illegal.
  • Advising Maersk Line Perú on a sensitive administrative procedure concerning the illegal seizure of goods, which were not exported within the terms granted by customs.
  • Advised Gloria on the proper application of customs benefits established in several free trade agreements signed by Peru with other countries.