APM Terminals Callao S.A

Regulatory compliance and performance oversight for port operator. Our firm is assisting APM Terminals with part of its contractual obligations, according to which the client must comply with key performance indicators overseen by the National Port Authority. The Supervisory Agency for Investment in Transportation Infrastructure for Public Use (OSITRAN) is responsible for compliance supervision. Ensuring compliance and financial accountability: Throughout 2024, we reviewed the administrative procedures for imposing penalties and sanctions by OSITRAN related to compliance with these indicators. These reviews, conducted at an average rate of four per month, are crucial due to the significant financial impact of the sanctions involved. Strategic defence planning to prevent severe sanctions: Our firm is actively participating in designing defence strategies, aiming to ensure that the indicators are measured correctly and fairly while preventing the imposition of severe sanctions. Leading port operations in Peru and Pacific Coast: APM Terminals Callao is the operator of the North Multipurpose Terminal of the Port of Callao, the largest in Peru and on the west coast of the South American Pacific. Ensuring fair adherence to port infrastructure regulations: This case is significant due to its scale and the complexities of port infrastructure regulations and OSITRAN’s enforcement of compliance. The defence strategy is critical in ensuring that key performance indicators are measured accurately and fairly, which is vital for avoiding sanctions. Expert support in regulatory challenges and infrastructure disputes: Our role has been essential in assisting APM Terminals in managing these regulatory challenges, protecting the client’s financial interests. This case also highlights our firm’s expertise in handling large-scale infrastructure disputes and complex regulatory compliance matters, further reinforcing our reputation in this area of law. Latest development: We continue to engage with OSITRAN to challenge the allegations and prevent sanctions from being imposed, with several administrative proceedings still in progress.

Matter value – include currency and amount in figures :

Approximately USD 400,000

Is this a cross-border matter? If yes, please indicate the jurisdictions involved :

No

Lead partner :

Patricia Castro

Other team members :

Evelyn Villegas

Other firms advising on the matter and their role(s) :

N/A

Date of completion or current status :

Ongoing