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In view of the health crisis in Latin America following to the outbreak of COVID-19, as well as the economic and social impacts of this situation, many people and companies have expressed interest in collaborating with the governments to support their goal of preventing and controlling the spread of the virus.

One of the main ways in which support has materialized has been through donations to Public Entities, which received – and continue to receive – donations of a diverse nature both for their employees and for the general population.

In this context, Baker McKenzie Administrative and Public Law team in Latin America, has developed a guide to provide an overview of the key legal considerations in donating to the Public Administration and Related Entities in key jurisdictions of the region: Argentina, Brazil, Chile, Colombia, Mexico, Peru and Venezuela. The following aspects will be addressed, as applicable to each jurisdiction:

  • Getting to know the recipient and identifying governing law
  • Requirements and prohibitions
  • Types of donation
  • Procedure
  • Internal policy assessment
  • Risks and liability
  • Donation execution
  • Monitoring

Guide

Author

Luis Dates is a partner in Baker McKenzie's Buenos Aires office, where he heads the Dispute Resolution and Public Law practice groups. He has broad experience advising national and foreign companies across a range of public and administrative law issues, particularly doing business with the national government, provinces, municipalities and state-owned enterprises. He also assists and represents clients in complex and multidisciplinary litigation, and is active in domestic and international arbitration. Luis is a mediator and arbitrator for the Private Center of Mediation and Arbitration. He has written books and numerous articles for various legal publications on topics related to his field. He is also a professor at the School of Law of the University of Buenos Aires.

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Carlos Santiago Maqueda Fourcade is an Attorney-at-law in Baker McKenzie Buenos Aires office.

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María Agustina Di Santo is a junior associate in Baker McKenzie Buenos Aires office.

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Heloisa Uelze is a partner at Trench Rossi Watanabe (in cooperation with Baker McKenzie) in São Paulo, Brazil.

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Felipe Ferenzini is a Partner in Baker McKenzie Sao Paulo office.

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Marlos Gomes is a Senior Associate in Baker McKenzie Rio de Janeiro office.

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Ruggero Cozzi Elzo is a member of the Dispute Resolution Practice Group in the Santiago office. He first joined the Firm in 2012 and rejoined in 2017 after completing his law degree in Italy.

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Rodrigo Díaz de Valdés heads the Dispute Resolution and Antitrust practice groups of Baker McKenzie's Santiago office. He has represented the Chilean State, as well as major transnational and local companies in a broad range of cases, from long-term energy contracts to construction, projects and investment protection matters. He is ranked among the most recommended lawyers for dispute resolution, antitrust and public law by Chambers & Partners. Rodrigo serves as arbitrator of the Center of Arbitration and the Chamber Commerce of Santiago, and is a professor of constitutional and civil law at the Catholic University’s School of Law. He has written articles for various publications, particularly on constitutional law, civil liabilities and arbitration matters.

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María Montejo Torres is a member of the Firm's International Commercial and Infrastructure groups. Prior to joining the Firm in 2013, María worked in the corporate-M&A group of a leading Colombian law firm.

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Paula Melendro is a member of the Energy, Mining and Infrastructure. She focuses on matters of commercial law and public law, particularly infrastructure projects and public procurement.

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Roberto Cardona is a member of the Tax Practice Group in Baker McKenzie since 2003, and is currently the leader in Public / Administrative Law practice in Mexico. Roberto has published several articles on tax and administrative opportunities for Baker McKenzie and specialized magazines. Roberto has also been an exhibitor at seminars and conferences sponsored by the Firm.

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Jorge Danos has more than 20 years of experience continuously advising several state companies and public entities, including his constant participation in the different commissions in Congress created for the preparation of norms on administrative law. He was president of the commissions in charge of the preparation of the Draft for the General Administrative Procedure and the Draft for the Litigious – Administrative Procedure.

Author

Zita Aguilera advises private companies in their applications for public bids and selection boards, including concessions of infrastructure, public works, services and goods and investment projects. She also provides advice on risk analysis and execution of government contracts. Furthermore, she counsels public organizations and private companies in their dispute processes through arbitral and administrative measures.

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Yoshie Concha has more than 5 years of experience in government contracts, administrative law and public procurement arbitrations. Her practice includes advising private companies and public entities in their performance during the procurement process.

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Dr. Eugenio Hernández-Bretón has been practicing law since 1981. His main practice areas are energy and natural resources, as well as international and domestic arbitration and litigation. He also advises on international family and wills and estates law. He has been recognized by top legal directories including Chambers & Partners and Who’s Who Legal. Dr. Hernández-Bretón is an elected member of the Venezuelan Academy of Political and Social Sciences, the Instituto Hispano Luso Americano de Derecho Internacional and the International Academy of Comparative Law. He is a tenured professor of law at Universidad Central de Venezuela, Universidad Monteávila and Universidad Católica Andrés Bello. He has authored three books and more than one hundred law articles.

Author

Maria Diaz is a Mid-Level Associate in Baker McKenzie Caracas office.