Environmental

Environmental

ENVIRONMENTAL

Our environmental team provides advice to national and foreign companies in the most diverse economic sectors, especially in industrial activities, agriculture, aquaculture, aviation, construction, ports, mining, energy, among others. The following is a brief description of the main issues in which our environmental area generates great value for our clients and in which our experience particularly stands out:

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Environmental Management Instruments: We regularly advise clients on issues related to obtaining or modifying their environmental management instruments (Environmental Impact Studies, Environmental Management Adaptation Program, Certificates of Non-existence of Archaeological Remains, Archaeological Monitoring Plan, among others). Our clients benefit from our broad and deep knowledge in the field. We have managed, for example, to clarify grey areas in the drafting that could later have posed problems during supervisions, or helped to respond effectively to observations of the most diverse nature, including those that refer to the competence of the various governmental authorities. All this allows us to provide specific solutions that consider, among others, the client's industry (mining, ports, aquaculture, agriculture, aviation, among others) and even the idiosyncrasies of the region in which they develop their business.

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Community Relations: We have extensive experience in managing relations with rural and native communities, which is fundamental for the continuous development of our clients' activities. Our team has managed very complex relationships in different regions of our country in the coast, highlands and jungle, always achieving practical solutions that ensure a good long-term relationship with the communities. We have also successfully participated in processes involving Prior Enquiry.

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Waste Treatment: The environmental team is specialized in various issues related to solid waste, such as the treatment and disposal of non-municipal waste, hazardous and non-hazardous waste, waste electrical and electronic equipment, end-of-life tires, construction waste, wastewater disposal, among others.

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Advice on Water Rights: Our team has developed a vast experience in advising companies on issues related to water rights, recovery of well rights and proceedings before the National Water Authority (ANA, for its Spanish acronym), Water Administrative Authority (AAA, for its Spanish acronym), and Local Water Authority (ALA, for its Spanish acronym). We are familiar with a wide range of cases, both our own and others', which we have analyzed and studied in depth, enabling us to work in an effective manner, based on the "jurisprudence" formed over years of work as well as the Law.

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Due Diligence: We conduct environmental regulatory compliance audits, as well as environmental matrices so that our clients can verify that they are in compliance with the regulations applicable to their business. We also work with our clients so that they can fully comply with any internal or external audit, including those required to obtain ISO Certifications.

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Administrative Sanctioning Procedures: We accompany our clients in all stages of the administrative procedures, from supervisions or initiation of the procedure, always providing meticulous support so that the administrative procedures initiated to our clients by the different State entities such as the Environmental Assessment and Enforcement Agency (OEFA, for its Spanish acronym), Ministry of Environment, Ministry of Culture, Produce, ANA, among others, are found, processed and decided always in accordance with the provisions of the applicable regulations.

Maritime and Ports

Maritime and Ports

MARITIME AND PORTS

Port and maritime regulations in our country have been constantly evolving, and Estudio Olaechea has been a key player in advising concessioned port terminals and, in general, all companies involved in the logistics chain. Our experience covers both legal and technical-operational areas, allowing us to offer comprehensive solutions. Estudio Olaechea supports its clients in structuring maritime and port projects in accordance with current regulations.

 

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Legal advice on the management and procurement of licenses and authorizations required for the operation of ports and use of aquatic areas.

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Management and obtaining of the necessary licenses for companies in the sector to offer services such as cabotage, towing, pilotage, provisioning, general and customs agency services.

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Legal advice on port infrastructure construction projects, including silos, conveyor belts, and storage facilities.

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Legal advice on matters related to maritime and inland cargo transportation.

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Legal advice on the management and approval of ship maneuvering studies and various contingency plans.

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General consulting on port administration.

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Legal assistance with vessel and ship registration processes.

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Legal advice on the purchase, financing, and construction of vessels, as well as contracts related to rights over these assets.

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Litigation and proceedings before sector-related administrative authorities (Ministry of Transportation and Communications, National Port Authority, Directorate General of Captaincies and Coast Guard, and OSITRAN).

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Management and drafting of construction and service provision contracts with contractors.

Maritime and Ports

Customs and International Trade

CUSTOMS AND INTERNATIONAL TRADE

We provide our clients with first-level legal advice on local customs and international trade matters aimed at analyzing the impact of our clients’ international transactions and the terms and conditions agreed upon in these transactions, in the Peruvian customs legislation, and the international treaties entered into by Peru.

We work in coordination with customs agents and other international trade operators, as well as with sectorial entities involved in our clients’ operations to avoid customs contingencies and clearance incidents.

Our practice covers diverse matters such as:

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General consulting

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Representation in administrative procedures before the Customs Administration and the Tax Court

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Assistance in customs audits

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Customs authorizations of international trade operators

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Authorized Economic Operator (AEO) Certification

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Information Module on Foreign Trade Logistics Services (MISLO)

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Application of Tariff Preferences (FTAs)

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Tariff classification

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Customs valuation

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Import of industrial projects or plants

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Diagnosis and implementation of drawback

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Special treatment areas (ZOFRATACNA, ZED, Amazon)

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Information Exchange Module (MIIO)

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Identification of applicable customs regimes

Key contacts