Brazil - Limitations on Selling US Products and ServicesBrazil - Limitations
Some Brazilian companies can import directly from foreign manufacturers without local representation, however, a local agent or distributor is necessary more often than not. For public tenders, companies with direct GOB business are legally required to use a local representative selected after careful consideration. As Brazil is larger than the continental United States, it is important to consider geographic capabilities and to not grant national exclusivity prior to conducting due diligence and capacity verification.
The CS Brazil advises exporters and representatives to consult with a Brazilian legal representative before drafting or signing agreements to comply with Brazilian laws so as to limit liabilities, protect trademarks, and define payment and warranty terms. Clauses related to promotional obligations, service and support duties, localization and performance targets, among others, may be included within private commercial agreements and should be reviewed by counsel before signing.
Note: CS Brazil is on hand to help companies resolve commercial disputes before cases go to court. If you are experiencing any problems with your local partner, please contact us sooner rather than later. Once a case goes to court, we are unable to intervene on a U.S. company’s behalf.
Prepared by the International Trade Administration. With its network of more than 100 offices across the United States and in more than 75 markets, the International Trade Administration of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.
The CS Brazil advises exporters and representatives to consult with a Brazilian legal representative before drafting or signing agreements to comply with Brazilian laws so as to limit liabilities, protect trademarks, and define payment and warranty terms. Clauses related to promotional obligations, service and support duties, localization and performance targets, among others, may be included within private commercial agreements and should be reviewed by counsel before signing.
Note: CS Brazil is on hand to help companies resolve commercial disputes before cases go to court. If you are experiencing any problems with your local partner, please contact us sooner rather than later. Once a case goes to court, we are unable to intervene on a U.S. company’s behalf.
Prepared by the International Trade Administration. With its network of more than 100 offices across the United States and in more than 75 markets, the International Trade Administration of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.