Brazil - Commercial Guide
Limitations on Selling US Products and Services

Provides information on any manufacturing sectors or services where only citizens or a sub-set of the population in that country are allowed to own or sell.

Last published date: 2019-10-13
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.