| Foreign Investment and International
Trade |
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We have a strong team in
the areas of international trade and direct foreign investment.
Our lawyers have been able to participate appropriately in
the development of current legislation as well as the institutional
reorganization that took place in Costa Rica throughout the
80’s as a result of opening the local economy to international
markets. One of our partners in particular has been actively
involved in the design and development of Costa Rica’s
foreign trade and investment policies, acting as advisor to
the Minister of Foreign Trade and later on holding himself
the position of vice-minister of that dependency.
In this field, the Firm
offers legal advice to international and local organizations
and companies. The direct involvement in this area of the
legal practice allows the members of the Firm to master their
knowledge about many of the treaties and regulations that
have emerged as a result of the complex integration processes,
such as Central American Common Market and
the Free Trade Agreements that have been
created through the negotiations held with Mexico, Dominican
Republic, Chile, Canada and the CARICOM,
as well as the recently negotiated treaty with U.S.A. Our
Firm has rendered legal advice concerning the policies involved
in developing legal instruments for the promotion of trade
and foreign investment advising not only the Costa Rican government
but other Latin American governments and international institutions
as well.
The Firm has a particular
strength crediting highly specialized experience in foreign
trade. We offer aid in complex and highly technical matters
such as protection measures, antidumping measures, compensatory
rights, administration and distribution of export and import
quotas, import-export processes, import tariffs, non barrier
tariffs, customs and other commercial regulations. Our Firm
also represents and counsels local and international companies
in administrative and judicial procedures before the Government
of Costa Rica and other Central American governments.
The counseling that is
offered in this area is constantly being updated to the changes
in global events. This includes the provisions that are dictated
by regulatory entities, panels and all proceeding to the World
Trade Organization and any other provision that may be contained
in the international and regional commercial agreements, such
as NAFTA.
Several of the lawyers
of the Firm have assisted and have had a close relation with
the Ministry of Foreign Trade. They have had the opportunity
to participate actively in the negotiation of various international
and regional commercial treaties and furthermore they have
frequently served as a negotiating party on behalf of the
Costa Rica government. The Firm has been actively involved
in multilateral forums and our lawyers have been part of the
development of several procedures that have been presented
to the World Trade Organization to be used in the resolution
of international conflicts that originate from the commercialization
of textiles and bananas.
We have been able to be
recognized as an authority in the area specializing in direct
foreign investment. We assist our clients in legal
matters related with import-export incentives and benefits,
foreign investment benefits, and regulations regarding the
transfer of technology. The Firm has an important portfolio
of foreign and local investors who are extensively involved
in international trade activities (both import and export).
The accumulated experience of our Firm is particularly intense
in the fields of pharmaceuticals, medical products, textiles,
software and citrus products.
The Firm offers legal counseling
for all procedures and requirements necessary to be able to
have access and maintain the incentives and benefits resulting
from the different special custom regimes, such as the reimbursement
of taxes, free trade zones and assembly of maquila. We also
offer all the necessary services that are required in order
to be able to organize the company and settle its personnel.
This services range from the creation of the local subsidiary,
registration of trademarks and patents and even immigration
services for all of their foreign personnel.
In the area of foreign
investment the Firm has relevant experience in matters of
defense of contractual rights and property owned by foreigners.
Our lawyers have experience in the defense of matters concerning
the legality and constitutionality of specific measures incurred
by the government and has also participated in international
procedures of arbitrage before the World Bank, at its “International
Center for Settlement of Investment Disputes”
(ICSID).
Relevant examples:
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