South America: International Law

Companies registered under Mexico's Certified Companies Scheme Registry (RECE) face significant challenges in tracking authorized tariff classifications for temporary imports. The 2026 renewal resolutions issued by Mexico's Tax Administration Service now provide enhanced documentation that helps certified companies reconcile their authorized tariff classifications with actual customs operations, offering a clearer framework for compliance and identifying potential regulatory gaps.

An ICSID tribunal found Mexico breached NAFTA's fair and equitable treatment standard through arbitrary conduct in environmental zoning and enforcement proceedings, yet awarded compensation only for proven quarrying losses while rejecting damages claims where the investor failed to establish that lawful regulatory processes would have permitted the proposed activities.

Brazil's Executive Management Committee of the Foreign Trade Chamber has extended the 12% export tax rate on crude petroleum oils and bituminous mineral oils for an additional 60 days. The extension, formalized through GECEX Resolution No. 957/2026, maintains the tax structure previously established under Resolution No. 938/2026 and takes effect on September 8, 2026.

The Mexican Ministry of Economy has initiated an antidumping investigation into carbon steel sheet imports from Japan following a petition by Grupo Acerero, S.A. de C.V. The investigation covers hot-rolled, flat-rolled steel products and establishes specific deadlines for Japanese producers and exporters to respond, with the dumping period under review spanning all of 2025.

FinCEN has issued a new alert detailing how Mexican cartels are exploiting U.S. financial institutions to smuggle fuel across the southern border, evade Mexican import taxes, and launder billions in illicit proceeds. The alert outlines red flags for financial institutions and announces new OFAC sanctions targeting key operatives in the fiscal fuel theft scheme.

The United States has expanded its list of Mexican criminal organizations designated as Foreign Terrorist Organizations and Specially Designated Global Terrorists, adding the Juárez Cartel and Los Viagras to six previously designated cartels. This development significantly impacts compliance and risk management for companies operating in Mexico with U.S. connections, as U.S. law prohibits providing material support to designated organizations and restricts transactions with blocked entities.

Investment treaty arbitration requires careful analysis of temporal jurisdiction to determine whether challenged State conduct falls within a treaty's scope. This examination explores the legal framework governing...

Senator Carlos Portinho has introduced Amendment #8 to Bill No. 2,210/2022, proposing significant measures to protect Brazilian judicial sovereignty in patent disputes. The amendment introduces mechanisms to counter foreign anti-suit injunctions and interim licenses that interfere with Brazilian court proceedings, including business suspension powers and substantial financial penalties. How will this legislative initiative reshape Brazil's approach to international patent litigation and strengthen its innov

The Supreme Court's January 27, 2025 decision denying the Republic of Argentina's petition for a writ of certiorari in Argentina v. Attestor Master Value...