Emerging Business and Trade Opportunities in Latin America

Afterwards, Federico Goudie, discussed the opportunities of doing business in Brazil and Chile.  Both countries are very popular to invest in, and will remain so for some time.  Chile’s business climate is very favorable and investments are encouraged.  Although Brazil is making great strides in growing its economy, Brazil still faces obstacles in terms of attracting foreign investment.  The source of that difficulty is found in transparency issues and with the tax code.  It was also highly suggested that when doing business in Brazil or with a Brazilian company, include an arbitration clause as part of your agreement.

Roberto Pupo discussed Columbia’s and Venezuela’s business climate. It was an interesting case study of two neighboring countries going in opposite directions in terms of economic growth.  Currently, Columbia is the third largest economy in Latin America.  The respect for rule of law and the recently signed free trade agreement with the U.S. are major causes for this economic boom.  Mr. Pupo continued by explaining new trends in Columbia with private/public partnership and with a new form of corporate structures.

Venezuela is the fourth largest economy in Latin America.  Despite this fact, foreign investment has been lagging due to three factors.  The first factor is increasing government regulations.  The second factor is the use of nationalization by the Venezuelan government.  Although there is a compensation mechanism in the Venezuelan law, compensation is a lengthy process and very limited.  The third and final factor is that Venezuelan law has a strict repatriation of profits for foreign companies.  One can infer that Venezuela’s economic ranking will be dropping if there are no changes to these obstacles.

The final speaker was Pedro Freyre, who spoke regarding Cuba.  Mr. Freyre described Cuba as a country that will be perpetually known as the country of the future.  One whose potential will be realized in the future but with no timetable as to when will the future come.  Currently, Cuba is in the process of shifting from a charismatic leadership to a collective institution as seen in China or in Vietnam.  Recently, Raul Castro named Miguel Diaz Canel as his successor.  In terms of an economy, Cuba aspires to become like Venezuela.  Mr. Freyre did point out to some market reforms in the small markets or “timberiche” as it is called.  In terms of sectorial opportunities, look at the biotechnology, agriculture, healthcare, housing, and energy.  However, Cuba faces three challenges in demographics, budget, and with Helms-Burton, which calls for a democratic Cuba.

The presentation concluded with a Q & A session. The panelists were asked only question, “Which other emerging market should one keep an eye on?”  The answer was Peru.

The session was good and could have continued for another day. There is a lot to talk about in this arena and there are many U.S. companies looking to expand the sale of products and services throughout the Western Hemisphere. While there are many business opportunities, there are also legal and political matters that need to be addressed when working in the Americas. If your company has never done so, be sure to consult with people that are familiar with the business, regulatory, and political climate in the region.

Please do not hesitate to contact the Law and Public Policy Office of Poblete Tamargo to assist you researching the market and investment opportunity in both Latin America and the Caribbean.

 

Poblete to Discuss Drones and U.S. Law on Univision Radio Today

On Wednesday, March 7, 2013, at 4:00 PM EST, PT Law’s Jason Poblete will be a guest on “Zona Política con Helen Aguirre,” a public affairs talk show broadcast nationally on the Univision Radio network.

Hosted by award-winning journalist Helen Aguirre, the two-hour program discusses the “news of the day and offers a lively national forum for dialogue and debate.” Zona Política is broadcast daily from 4:00 PM to 6:00 PM EST.

Poblete and Aguirre will discuss the legality of the use of drones under U.S. and international law, as well as the recent Senate filibuster on the same issue by Senator Rand Paul (R-Ken.). 

You can listen via the internet or your local Univision radio station affliate.

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Vegas Casino Corp. Deftly Refutes Allegations of Foreign Corruption

The FCPA is an anti-bribery law that has been on the books since 1977. It has two general parts. The law made it illegal for U.S. persons to bribe foreign government officials or foreign political party members in order to secure business or other favors. The FCPA also requires companies to maintain corporate records of things such as “facilitating payments” and other legal costs of doing business such as entertainment expenses. This second part is called the books and records section. 

If you just read the stories in the New York Times and the Wall Street Journal, you would think that the Las Vegas Sands corporation had engaged in some really awful and unchecked behavior involving, the corruption of foreign officials. And, if you follow the headlines alone, they are indeed very serious allegations. The New York Times piece especially took close aim at Mr. Arthur Sheldon, CEO of the Las Vegas Sands corporation.

Sheldon is a Republican and strong supporter of conservative causes. Whether fair or not, he is a frequent and favorite target of the media. What better way than to create bad publicity for him and his company than prominently featuring him in an article about his company and the corruption of foreign nationals? To the unseasoned eye, the story should have all of the elements of a Made for DC political scandal.  For now though, it has fizzled. As it should.

All you really had to do was read the company’s SEC filing. But who is going to do that except lawyers and policy wonks?

In a press release issued by the Las Vegas Sands corporation after the initial stories were published, the company stated:

“The company did not report any violations of the anti-bribery provisions of the FCPA and it said news reports stating otherwise, such as the headline in today’s New York Times which described the matter by saying “Casino Says it Likely Cheated,” are both inflammatory and defamatory. The company said it will vigorously defend itself against that type of uninformed and misleading reporting.”

“In the company’s 10-K disclosure filed with the Securities and Exchange Commission (SEC) last Friday it made no such statement and insists no violations of the anti-bribery provisions of the FCPA have occurred. Instead, the company said that in its preliminary findings the company’s Audit Committee had advised that there were “likely violations” of the books and records and internal controls provisions (i.e. “accounting provisions”) of the FCPA. A potential violation of the accounting provisions could range anywhere from a single transaction recorded incorrectly to other errors in the accounting records …”

By all accounts, the company is following text book processes for dealing with these matters. There are many lessons here for companies with CEOs that have a high political profile, as well as for companies that do not. You need to get ahead of it as much as possible, at least in this town where Members of Congress, Congressional staff, and executive branch political appointees tend to have, at times, short attention spans. 

The FCPA is a very serious law that can legally mire a company in years of compliance clean up. Allegations of violations can come from just about anywhere. A whistle blower. A disgruntled employee. A competitor. A contractor or vendor. Allegations of violations impact corporate reputation in the court of public opinion. No doubt that this recent story will generate many hours of defensive public policy and legal advocacy with folks in the executive branch and the U.S. Congress.

What if a false story or misconstruing story is pubslihed? What if we receive a phone call from a Congressional Committee or Member of Congress asking for cooperation on an FCPA matter? These and related questions are things that your compliance team should be focusing on. Your FCPA compliance manual should include a “what if” section. Why? Because I have seen Congressional and other investigations initiated in other areas with much less information than a news story. 

In all likelihood there is not much beyond was done in this case that could have been done to prevent the New York Times and other news entities from running salacious-sounding headlines. Low on facts, high on political drama. However, and the Las Vegas Sands folks may have done this, you can get ahead of these stories by working with U.S. government officials to ensure that your cooperation is not misconstrued by decision-makers during the course of the investigation or after a story has hit the media.

PT Law Senior Policy Advisor Pens Cuba Op-Ed in The Miami Herald

PT Law’s Senior Public Policy Advisor based Coral Gables, Florida, Dr. Andy Gomez, published an op-ed in The Miami Herald earlier this week about one of Cuba’s leading dissident blogger, Ms. Yoani Sanchez.

“For years I have followed Yoani Sánchez’s blog and comments on Twitter. Her writings portray a very accurate picture of the daily life of Cubans on the island. Her stance for freedom of expression has caused her many problems with Cuba’s totalitarian government. Yet she has continued to express her views, openly defying the Castro brothers’ regime,” Dr. Gomez said.

Ms. Sanchez was allowed by the Cuban government to travel outside of Cuba and is scheduled to visit various cities around the world including a stop in April in Miami, Florida. She made some comments in Brazil about five Cuban spies currently serving out prison sentences in the U.S. that resulted in a series of negative media stories.

The Cuban Five were convicted for spying on Cuban-American groups in the United States and the U.S. Government, as well as for their role in shootdown by Cuba’s Air Force of civilian, unarmed planes that resulted in the death of three U.S. citizens and one U.S. resident.

Dr. Gomez writes that “Yoani posted on ElNuevoHerald.com that her comments were not properly interpreted. On Twitter, she posted: “I was using irony to express my views that if they’re freed right now, the government would save millions of dollars?.?.?.?If the words I used were not the right ones, I apologize.”

You can read Dr. Gomez’s op-ed at the Miami Herald website.