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government of Mexico, and were advisers to several major
industrial associations during NAFTA negotiations. We
have played a major role in the creation of leading
associations, export oriented programs and
liberalization of Mexican economy.
We serve a diversity of clients, from highly experienced
companies to firms seeking their first operations
overseas. We are dedicated to help companies throughout
the world to compete and have access to the Mexican
market. We are proud of being trade and customs advisers
to major national and foreign associations. We provide
legal advice on the broad range of corporate, commercial
and regulatory matters that are inherent to doing
business in Mexico and abroad.
We represent our clients before all Mexican Ministries
dealing with international trade, corporate and
regulatory matters, primarily before the Ministry of
Economy, Ministry of the Treasury, Ministry of Health,
Ministry of Agriculture, Ministry of Foreign Relations,
Ministry of the Interior, as well as other Governmental
Institutions and Commissions.
We deal with trade, customs and tax controversies having
an effect on our clients and challenge adverse
determinations before the Federal Tax Court, Federal
District and Circuit Courts, and the Supreme Court of
Justice. The firm also practices under alternative
dispute settlement mechanisms provided in international
free trade agreements to which Mexico is a party,
including NAFTA. Vazquez Tercero y Asociados has also
advised sovereign entities on WTO (DSB) Disputes, and
acted as counsel during several ADR proceedings.
Because we have an international practice, we have
correspondent offices in major cities in Mexico, the
Americas, Europe and the United States, who can provide
for local assistance.
OUR
PRACTICES
Trade
and Customs
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Unfair Trade Practices and
Safeguards
Our firm has over 40 years collective
experience in antidumping matters. Several of
members have played an important role in the
creation of the Mexican Antidumping System,
including the implementation of the first applicable
legal framework, and management of such framework
from 1986 through 1990.
We have participated in almost a third of all
international trade-related disputes in Mexico (over
100 procedures), and represented both domestic
manufacturers (petitioners), as well as foreign
companies from all over the World (respondents)
dedicated to all sorts of investigated goods. We
have appeared before NAFTA Panels on behalf of our
clients, and advised foreign governments in
connection with WTO/DSB disputes.
A few of our members have published articles, essays
and books on the Mexican Antidumping System.
REPRESENTATIVE TRADE CASES
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Duties and Non Tariff
Barriers
We assist companies in their efforts to
obtain the amendment of tariff headings and duty
levels; the creation or elimination of tariff
headings; the incorporation of tariff headings into
Sector-specific programs, including the elimination
or establishment of non tariff restrictions.
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Tariff Classification
The firm assists companies, and we work
jointly with the relevant customs broker in order to
provide tariff classification for goods that are
difficult to classify. Whenever necessary, we apply
for advisory rulings to the relevant Customs
authorities in order to confirm our criteria.
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Customs Valuation
We analyze and assess the basis for
calculation of the applicable General Import Tax
(Impuesto General de Importación, or IGI) based on
the various valuation methods that exist for that
effect, and taking into consideration matters
related to the existence of a relationship between
the importer and the exporter, or when there are
costs that increase the customs value of the
relevant goods.
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Origin of Goods
With the purpose of taking maximum
advantage of the benefits provided by the many trade
agreements to which Mexico is a party, we review the
certification of the origin of goods imported into
Mexico, including determination and calculation of
origin, application for advisory opinions or
rulings, and assistance in any origin verification
carried out by Mexican or foreign authorities.
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Duty Deferral and Promotion
Programs
We assess, diagnose and recommend the
programs and mechanisms that are most convenient for
handling the imports and exports of our clients. We
do so in order to maximize their resources,
including, determination of the best customs
regimes; application for IMMEX (formerly the
maquiladora regime), ECEX, ALTEX, PROSEC or Drawback
programs; refund or set-off of import taxes;
determination of the customs regime applicable to
border regions; company certification for customs
purposes; quotas; Regulation 8, etc.
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Free Trade Agreements
We interpret applicable legal provisions
based on the record of the negotiations leading to
the enactment of the relevant provision; we assess
the possibilities of obtaining duty faze outs,
amendment to rules of origin, short supply, as well
as processes and procedures derived from these
general matters, when taken to Mexican and foreign
authorities.
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Standards and Labeling
Regulations
We assist companies in becoming compliant
with Official Mexican Standards, as well as with the
obtainment of permits or authorizations that are
required from the Ministries of Economy, Health and
Agriculture, among others.
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Customs Procedures and
Litigation
We provide preliminary advice and
represent our clients during any verification
proceedings carried out by the customs authorities,
including seizure of imported goods.
Our services in this regard include the submission
of the defense mechanisms available pursuant to
applicable law against adverse administrative
resolutions, such as remedies, legal action before
the Federal Tax Court, Amparo suits, etc.
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Customs Audits
These audits are an important practice
for companies that wish to detect and correct errors
in a timely fashion so as to avoid the possibility
of a tax contingency, or as part of the
due-diligence process prior to mergers, acquisitions
and divestitures. We provide this service in strict
adherence to audit rules and procedures with the
purpose of verifying integral compliance with legal,
tax, customs and foreign trade provisions that may
apply to the importation and exportation of goods.
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Statistical and Economic
Analysis
We conduct economic and statistical
studies that serve as a basis or evidence for
procedures and/or applications submitted to the
Mexican Government, including tariff studies,
assessment of injury to a certain domestic
manufacturing sector, as well as studies on specific
industries that serve during the negotiation
processes of trade agreements. We prepare market
access studies for our current and prospective
clients, and obtain specific information on
importers and their competitors, their imports and
conduct comparative analyses.
Business Law
Vazquez Tercero y Asociados is proud to showcase its
practice areas devoted to corporate and commercial law,
including, banking, capital investments, corporate and
debt restructurings, foreign investment, joint ventures,
mergers and acquisitions, strategic alliances and
project finance, regulatory matters, intellectual
property, real estate, antitrust and mediation and
arbitration, including corporate and shareholders’
disputes and effective non-judicial settlement.
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Corporate and Commercial Law
Negotiating all types of contracts for
our domestic and foreign clients is our strength. We
provide advice and carry out all required procedures
to obtain government authorizations for foreign
clients who wish to do business in Mexico.
Our experience includes negotiating and drafting
contracts and agreements; maintaining corporate
books and records; providing guidance to companies
in connection with due diligence and to ensure the
implementation of proper corporate governance
mechanisms; advising companies on cross-border and
multi-national transactions; forming corporate
entities, creating joint ventures, negotiating
mergers and acquisitions, organizing partnerships
and creating trusts; preparing debt and equity
investments; arranging for project finance and
venture capital.
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Competition
We participate in the enforcement and
prosecution of absolute and relative antitrust
practices, in the defense of companies subject to
antitrust investigations conducted by the Federal
Antitrust Commission of Mexico, and in the
obtainment of the authorizations issued by the
Commission pursuant to applicable law. Our
professionals have participated successfully in
antitrust investigations and opposed concentrations
that hinder free trade.
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Intellectual Property
When our clients require the protection
of their intangible assets, such as, trademarks,
copyrights, patents and other assets subject to
intellectual property, our professionals conduct all
procedures necessary to obtain and maintain such
protection from the Mexican Institute of
Intellectual Property and the National Institute of
Copyrights, among other authorities, including the
preparation and negotiation of license and
distribution agreements.
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Real Estate
Our firm advises clients engaging in
commercial and residential real estate transactions.
We advise domestic and foreign buyers, developers
and lenders in the acquisition, financing,
construction, leasing and sale of commercial real
estate projects, including construction and
financing agreements, foreclosures, leasing,
mortgages, obtaining real property permits and
licenses from the Mexican Federal Government, sales
and acquisitions, easements, zoning and municipal
law.
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Mediation and Arbitration
Members of our firm have participated in
mediation and arbitration proceedings both in Mexico
and abroad in connection with a variety of
commercial matters. Firm attorneys have served as
trial counsel, mediators and arbitrators. Our firm
advises clients on arbitration and investment
agreements and the enforcement of judgments in
Mexican Courts.
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Immigration
Our immigration practice serves clients
by offering advice and assistance in obtaining
immigration documents, visas and extensions,
including those for our corporate clients’
expatriate directors and employees, and their family
members.
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Coordinated Services
International Cooperation. Firm
attorneys maintain working relationships with a
number of law firms throughout North America, Latin
America, Europe and Asia, with the view of
satisfying our clients’ international needs.
Translations. We offer translation services
for legal, financial, economic and accounting
documents in English, Spanish, French and German.
Our translators are certified by the Supreme Courts
of the Federal District and other States of Mexico,
as well as by the Federal Judiciary Council.
Tax Law
Mexican and foreign companies come to us for advice and
services in connection with specialized projects,
including international transactions.
Our approach to tax matters is always permeated with an
entrepreneurial spirit, and, thus, our perspective of
most tax issues is generally transactional in nature.
Our clients request our assistance during all phases of
their most sophisticated transactions, and we endeavor
to manage the tax aspects of such transactions. We guide
our clients through the intricacies of tax provisions
that are applicable to their business transactions,
including the sale and purchase of businesses, capital
restructuring and reorganizations, joint ventures, and
the organization and financing of start-up companies.
We handle tax litigation at all judicial and
administrative levels and applications for tax rulings.
Our work regularly includes:
• Tax structuring of business and investment
transactions including mergers, acquisitions,
reorganizations, recapitalizations, joint ventures and
financings.
• Representation of clients before federal and state tax
authorities.
• Tax planning for domestic and foreign corporations.
• Tax research and advice regarding Mexican tax
legislation and regulations.
• Federal, state and local tax planning.
• Administrative proceedings and litigation in federal
and state courts.
In conjunction with our Trade & Customs Practice, we
provide solutions in connection with the tax aspects of
customs operations, including the following taxes:
• Income Tax, including tax basis calculation;
• Asset Tax;
• Value Added Tax;
• Special Tax on Production and Services, and
• Tax on New Automobiles.
REPRESENTATIVE TRADE CASES
Aluminum alloys from Venezuela
Carbons of graphite for furnaces from Spain
Triethylamine from United States
Monoisopropylamine from United States
Potassium hydroxide from United States
Film of polypropylene from Brazil and Colombia
Rubber bands from Korea
Christmas tree lights from China
Brass locks from China
Special steel from Brazil
Footwear from China
Fish flour from Chile
Cold rolled sheet steel from Brazil
Hot rolled sheet steel from Brazil
Sheet plate from Brazil
Rolled sheet plate from Brazil
Door locks of base metal from China
Potato starch from The Netherlands
Pipe fittings from Brazil
Hydrogen peroxide from United States
Strollers and baby walkers from China
Porcelain and stoneware tableware from China
Hand tools from China
Fresh apples from United States
High Fructose Corn Syrup from United States
Sheet plate from Russia
Rolled sheet plate from Russia
Iron oxides from United States Pipe fittings from China
Urea from Russia and United States
Methylic Parathion from Denmark
Cattle and beef meat from United States
Acrylic fiber from Spain
PVC from United States
Concrete reinforcing bars from Brazil
Trichloro isocyanuric acid from China
Steel standard beams from Brazil
Standard steel pipes from Guatemala
Stoneware tableware from Colombia, Ecuador and Indonesia
Ether from United Sates
Stoneware tableware from Colombia, Ecuador and Indonesia
SBR polymer from Brazil
Ceramic coverings for walls and floors from Spain
Seamless pipe from Romania
Urea from Ukraine
Pork meat from United States
Newsprint paper from United States
NAFTA Panels:
High fructose corn syrup from United States
Urea from United States
WTO Panel Disputes
High fructose corn syrup from Unites States
Portland Cement from Mexico
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