On September 21, 2026, Attorney Elisa Wang was invited to deliver a specialized training session entitled “Common Legal Risks of Investing in Latin America: Case Studies of Mexico and Brazil” in Huai’an, Jiangsu Province. The session was hosted under the "End-to-End Support" public service program, organized by the Department of Commerce of Jiangsu Province and the Huai’an Municipal Bureau of Commerce.

The session provided practical guidance on identifying and managing legal risks associated with overseas investment, helping Chinese enterprises better prepare for expansion into Latin American markets. More than 100 participants attended, including representatives from commerce authorities, universities, industry associations, and chambers of commerce across Jiangsu Province, as well as businesses in foreign trade, construction, manufacturing, new energy, and other sectors.

Held over three days under the theme “Seizing Belt and Road Opportunities and Accelerating Global Expansion,” the program featured three main components: policy briefings and country presentations; in-depth practical workshops and thematic discussions; and resource matching and concluding sessions. Covering key topics such as country risks, environmental, social and governance (ESG) compliance, cross-border finance, and overseas taxation, the program brought together policy briefings, expert-led training, business exchanges, and resource-matching opportunities to help enterprises strengthen their cross-border operations and risk management capabilities.

Understanding Country-Specific Requirements for Investment in Latin America

As Chinese enterprises are expanding around the world, Latin America has attracted growing interest in areas including industrial cooperation, manufacturing investment, energy development, and infrastructure development. At the same time, differences in investment access requirements, employment regulations, tax administration and enforcement, land administration, and environmental protection across jurisdictions present significant challenges for businesses operating overseas.

Using Mexico and Brazil as case studies, Attorney Elisa Wang examined key legal considerations throughout the investment lifecycle, from initial investment decisions and transaction execution to project operations. Particular attention was given to differences in national and local regulatory frameworks, highlighting the importance of conducting jurisdiction-specific legal assessments rather than relying solely on domestic experience or applying business models from one Latin American market to another without appropriate adjustments.

Assessing Project Implementation and Operational Risks Through Practical Case Studies

For Brazil, the training examined legal and commercial considerations arising in project operations and M&A transactions. Key topics included the complexity of the tax system and differences in state-level taxation, labor compliance costs, environmental permitting, cross-border fund arrangements, and import customs clearance. The session also explored the conditions governing access to tax incentives and the importance of integrating legal due diligence and tax analysis into commercial decision-making.

For Mexico, the discussion focused on supply chain compliance and the practical requirements associated with establishing and operating local projects. Key issues included certification of land title, site selection for industrial projects, import and export declarations, temporary import arrangements, and local security management. These considerations were examined in the context of potential legal risks arising during land acquisition, equipment importation, and the commencement of operations.

By combining case studies with practical business scenarios, the training underscored that company registration, contract execution, and equipment importation represent only part of the investment process. Enterprises must also continuously verify applicable operating permits, eligibility for tax incentives, customs requirements, and employment obligations. Inadequate preliminary due diligence or gaps in ongoing compliance management can disrupt project timelines and adversely affect investment returns.

Strengthening Cross-Border Dispute Resolution and the Protection of Overseas Interests

In addition to investment entry and day-to-day operations, the training addressed dispute prevention and the protection of commercial interests in cross-border transactions. Attorney Elisa Wang introduced key features of the litigation and arbitration frameworks in Brazil and Mexico, together with important considerations concerning the recognition and enforcement of foreign judgments and arbitral awards.

The discussion linked dispute resolution clause drafting with contract performance, evidence preservation, interim relief, and enforcement prospects. It emphasized the importance of assessing counterparties’ creditworthiness, the location of relevant assets, the value of potential disputes, and available remedies at the contract negotiation stage. These factors should inform the selection of governing law, dispute resolution forum, arbitral seat, and procedural language, helping enterprises reduce the risk of ambiguous contractual provisions, procedural complications, or difficulties enforcing favorable judgments and awards.

Embedding Risk Management Throughout the Overseas Investment Lifecycle

Addressing the practical needs of enterprises investing in Latin America, the training combined country-specific legal requirements with project-level considerations. It encouraged businesses to incorporate risk identification and compliance planning at the earliest stages of market selection, transaction negotiations, and project preparation, while developing risk management frameworks that extend across investment, construction, operations, and exit.

As a legal training component of the “End-to-End Support” public service program, the session provided participants with practical insights into Latin American legal frameworks, cross-border business risks, and measures to strengthen the protection of their overseas interests. The program aims to support Chinese enterprises in expanding internationally while maintaining a strong foundation for lawful, compliant, and sustainable business operations.

Attorney Elisa Wang and her team have extensive experience in cross-border investment and international commercial legal services, including matters involving emerging markets such as Latin America. Going forward, the team will continue to strengthen its capabilities in cross-border investment and M&A, international trade compliance, and cross-border dispute resolution. Drawing on practical experience and an understanding of the challenges facing Chinese enterprises operating overseas, the team remains committed to providing reliable, pragmatic, and commercially focused legal support for businesses expanding into international markets.

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