December 2018 Handle with care | Page 7

News Hugo Hernández-Ojeda, Hogan Lovells commitments - as members of the International Labour Organisation (the United Nations agency that sets international labour standards) - to workers’ rights to a ‘dignified workplace’. USMCA stipulates labour audits of employers to verify outsourcing structures, among other regulations. “As counsel to employers, and with a vast list of international companies looking to do business in Mexico, we anticipate more client work regarding the commitments made in USMCA,” Hernández-Ojeda Alvirez says. He adds that it is vital that clients ensure their subcontracting arrangements are in order as this would mean avoiding financial penalties. “We have seen that rather than seeking well implemented subcontracting structures that provide employees with benefits under the law, authorities are rather seeking to collect omitted tax contributions and punish companies that save money either by means of non- compliance, or at the expense of the employees’ minimum rights.” Hernández-Ojeda Alvirez continues: “One of our clients’ hottest topics is the assessment of their corresponding subcontracting structures in order to verify their compliance and reduce contingencies of a fiscal or labour nature,” he adds. Difficult negotiations Mexico’s automotive sector, which assembles vehicles for www.thelatinamericanlawyer.com US, Japanese and European automakers - as well as exporting vehicles to its USMCA partners - may have to increase workers’ salaries and benefits packages by up to 600 percent, which will be difficult for companies to negotiate, according to Hernández-Ojeda Alvirez. Rules of origin for goods manufactured within the free trade area was another issue that led to complications during the the renegotiations. Opening doors Carolina Palma, a senior manager in global trade and customs at Ernst & Young, says the new trade deal is much more complex than its predecessor. “Companies will need to seek expert counsel to ensure they comply with the new treaty’s requirements, such as in vehicles’ rules of origin, as companies not complying with the minimum origin requirements will be liable to sanctions,” she explains. Palma adds: “The level of specialisation of the new treaty means that counsel must be of the highest level of professionalism and precision so that the treaty is a facilitator of trade and companies can reap the maximum benefits from it, but it requires detailed study and analysis. Companies will take advantage of the trade agreement to open doors and possibilities to increase investment, but at the same time face the challenges of applying the agreed regulations.” News in brief Estudio Garrido advises CryoHoldco on Biocells purchase Argentinian law firm Estudio Garrido advised Mexico City-based CryoHoldco de Latinoamérica on its acquisition of Biocells, one of Argentina’s largest stem cell banks. The details of the deal were not disclosed. Biocells distributes stem cells to clients in Argentina, Uruguay and Paraguay. BLP advises on feasibility studies for new Nicaraguan port Law firm BLP has advised on feasibility studies being carried out by Nicaragua’s transport and infrastructure ministry – in conjunction with Dutch company Arcadis Nederland – for the construction of a new port in Bluefields, Nicaragua. The $275 million port will be partly financed by a loan from the Inter-American Development Bank. Lupicinio advises Kodysa on Cuban poultry project Madrid-based law firm Lupicinio International has advised Spanish engineering, construction and agricultural development company Grupo Kodysa on its negotiations with the Cuban government for the development of an agro-industrial programme to supply chickens to the island nation. Under the agreement, the $56.5 million programme would supply Cuba with almost one-third of the chickens consumed on the island. Carolina Palma, Ernst & Young December 2018 • THE LATIN AMERICAN LAWYER • 5