1. Doing business in emerging markets Latin America
Martin Castro
Legal & Public Affairs Manager - Bridgestone Argentina
President of ACC Argentina Chapter

2. LATAM - Ease of doing business ranking
10 topics :
Starting a business
Dealing with construction permits
Getting electricity
Registering property
Getting credit
Protecting minority investors
Paying taxes
Trading across borders
Enforcing contracts
Resolving insolvency
Source: Doing business database – World Bank Group

3. México – Legal trends
Trade Barriers: reduced. Broad FTAs with North America, EU, Japan and some Latin American countries
Hot topics:
Deregulation in foreign investment, foreign trade, energy and telecommunications sector:
PPP Law (i) transparency/publicity; (ii) defined rights/obligations, risk sharing; (iii) rules for investors taking security interests and compensation rights, (iv) feasibility of submission to jurisdiction of domestic or international arbitration. 
Stricter regulation in consumer protection and IP
Tax reform
Compliance: Anti-corruption System Reform, Antitrust Law

4. Brazil – Legal trends
Trade Barriers: Permits to import. Automatic & Non-Automatic Licenses.
Complex Tax System: Surfing 72 taxes
Hot topics:
Outsourcing – Statement 331 of Superior Labour Court
Pros and cons of commercial channels: Distribution vs Commercial Representative
Compliance: Law – Antitrust, Law Anti-bribery: Company and personal civil and administrative liabilities, even if doing business temporarily. Criminal Code.

5. Argentina – Legal trends
Trade barriers: DJAI (Advance Affidavits) – permits to import
Exchange barriers: non-formal. Central Bank authorizes payments abroad.
Hot topics
Growing interventionism
Law 26,991: Supply and distribution of good and services
Law 26,992: Price Observatory / SIMONA
Law 26,993: Consumer disputes
New Civil & Commercial Code – Issues: Dealers, Debts in foreign currency / New Labour Law?
Compliance: Law 25,156: Antitrust, Law 25,188 Ethics on Public Service, Criminal Code

6. General remarks Opportunities Challenges
Commodities boom helped governments to postpone reforms and unpopular measures, but now it might be the time for a deregulation
The times they are a-changin’ (Cultural problem, cultural solution=Compliance programs)
Huge profits / Time to invest
Stifling regulations
Interventionism
Increasing tax levies
Threat of Corruption/Money Laundering despite recent regulations
Closed markets

7. General remarks Enforcement Tips:
Source: Doing business database – World Bank Group
Tips:
Latin America is not one country, not even the Spanish ones
Personal relationships matter, everywhere
Corruption exists because someone pays – The importance of effective compliance programs
The evolution of In-house counsel: lawyer + compliance + PR
Economy
Time (days)
Cost (% of claim)
Procedures (number)
Latin America & Caribbean
736.9
30.6
39.8