International trade (IT&C) in Peru

Estudio Echecopar member firm of Baker McKenzie International

Former Peruvian vice-minister for foreign trade, Luis Alonso Garcia, heads the dominant practice at Estudio Echecopar member firm of Baker McKenzie International, which advises trade associations and flagship domestic and international companies on all aspects of trade and customs matters. In addition to the usual customs-tax matters, the firm advises on trade remedies, international litigation (Court of Justice at the Andean Community) and the interpretation of international trade agreements. It is also at the forefront of developments in the practice, handling unique trade litigation related to competition and trade restrictions within the Andean Community; nutrition labelling schemes in light of WTO/Codex Alimentarius rules; and freedom of transit matters and tariff quotas under Free Trade Agreements signed by Peru. The firm stands out for its global footprint, which provides unmatched international resources and expertise in this field. García is assisted by two very capable associates, comprising Walter Robles Gonzales, who has 27 years' experience in the field and was former manager of maritime customs at the Callao Office; and Gonzalo Bernal Neumann, who has 13 years' experience in trade and customs.

Practice head(s):

Luis Alonso García

Testimonials

It is a very solid and cohesive group, with a lot of experience on the subject. It is among the benchmarks for other law firms.’

They are highly experienced professionals with knowledge of both the public and private sectors. Luis Alonso Garcia and Gonzalo Bernal Neumann stand out.’

Key clients

Sociedad Nacional de Industrias – SNI (Peruvian Industrial Trade Association)

Asociación Peruana de Agroindustriales del Azúcar y Derivados -APAAD

LATAM Airlines

Samsung Electronics

Dupree Venta Directa

Derco Peru

Talma Servicios Aeroportuarios

Advance Drainage Systems

Supermercados Peruanos

Chep Equipment Pooling Systems

Work highlights

  • Successfully acted for Asociación Peruana de Agroindustriales del Azúcar y Derivados (APAAD), the Peruvian industry association for sugar and related products, as claimant against the Columbian government in a dispute before the General Secreriat of the Andean Community (SGCAN).
  • Acting for LATAM Airlines on all customs matters and air transportation issues, including advising on the sale of supplies on board for international flights and the nationalisation of air cargo at regional customs offices through the application of a customs transit regime.
  • Representing more than ten members of the Peruvian Cosmetic and Hygiene Association (COPECOH), including Procter & Gamble and Unilever, in a judicial appeal against an administrative decision made by INDECOPI, to revoke illegal and disproportionate fees imposed by the Health Ministry on the importation and sale of sanitary products and cosmetics.

Rodrigo, Elías & Medrano – Abogados

Rodrigo, Elías & Medrano – Abogados handles trade and customs work of the highest strategic importance for its extensive client roster of domestic heavyweight companies and well-known multinationals. The team stands out for its expertise in customs planning and international trade structuring to maximise the customs benefits of import and export operations. Indeed, it represents some of the largest importers and exporters in the mining, oil and gas, power, chemical, technology and telecommunications, vehicle importation, agriculture and textiles sectors; and is experienced in disputes and administrative challenges before all relevant forums, including the Court of Justice of the Andean Community. The practice is led by the only full-time international trade specialist partner in the Peruvian legal market, Julio Guadalupe, who is particularly expert in customs valuation matters. He is assisted in the practice by two associates: senior Juan Acuña , who has 13 years' experience and litigates before the customs, tax court and the judiciary; and the more junior Enrique Vargas, who has eight years' experience in the field.

Practice head(s):

Julio Guadalupe

Key clients

Compañia Goodyear del Peru

Volvo Peru

Grupo Scharff (Fedex’s representative in Peru)

Omnilife Peru

Hudbay Peru

Southern Peru Copper

Entel Peru

San Fernando

Gloria

Kallpa Generacion.

Nokia Siemens Networks Peru

Anglo American Peru

Corporacion Lindley

Solgas

Levi Strauss & Co

Work highlights

  • Successfully represented multinational dietary supplement company, Omnilife Peru, in a precedent-setting case before the tax authorities concerning payments of service trade mark royalties as a base to determine the customs value of imported goods.
  • Successfully advised Southern Peru Copper Corporation in judicial proceedings against the Peruvian Customs Authority before the Court of Justice of the Andean Community, concerning whether, under WTO customs valuation rules, sales discounts should be accepted in order to determine the correct customs value of imported goods.
  • Acting for Gloria Group on the application of customs benefits established in several Free Trade Agreements signed by Peru with other countries.

García Sayán Abogados

International trade is a niche strength at García Sayán Abogados, where head of the practice Diego Calmet is vastly experienced off the back of an impressive resumé of former government and administrative roles. Previous positions include: vice minister for Foreign Trade, president of the Commission of Control of Dumping and Subsidies of INDECOPI, and main legal adviser to the Ministry of Economy and Finances. Supported by three associates, including experienced María Soledad Gastañeta, Calmet leads advice to importers, exporters and government bodies on a diverse range of issues, from anti-dumping and anti-subsidy duties, WTO litigation and free trade agreements, to import duties, rules of origin and accumulation of origin matters, among others. Clients include Procter & Gamble and Kimberly-Clark.

Practice head(s):

Diego Calmet

Key clients

Heaven Petroleum Corporation

Sucro Alcolera del Chira

Compañía Textil Nuevo Mundo

Industrias Nettalco

Chemtrade (Enaex)

Procter & Gamble

Kimberly Clark

Creditex

Topy Top

Sudamericana de Fibras

Work highlights

  • Successfully represented Peruvian biodiesel producer Industrias del Espino, in anti-dumping and anti-subsidy litigation against the Argentinian government and Argentinian biodiesel exporters; and subsequently assisting the Peruvian State before the WTO in defending its decision to apply anti-dumping and anti-subsidy  duties against Argentinian biodiesel.
  • Advising Creditex, Industrias Nettalco S, Compañia Industrial Nuevo Mundo, Topitop and Universal Textil on the export of Peruvian-made garments to the US, EU and Asian countries using the Free Trade Agreements between the jurisdictions.

Hernández & Cía. Abogados

Hernández & Cía. Abogados excels in this arena, which sits effectively alongside the firm's market-leading tax practice. Leonardo López is widely perceived as an expert in the field and is part of a three-partner team led by pre-eminent tax lawyer Luis Hernández Berenguel and the experienced Milagros Bustillos. The comprehensive practice advises on all aspects of import and export custom regimes, tariffs, free trade agreements and the design of international trade structures in respect of foreign trade operations. On the contentious side, the firm handles a range of administrative and judicial procedures in respect of customs and customs' tax matters. Clients include large Peruvian companies as well as a growing list of foreign-based multinationals from a range of sectors.    

Practice head(s):

Luis Hernández Berenguel