Servicio de gestión documentaria
Regulatory compliance support for Relapasa port operations. Our firm assisted the client in reviewing all necessary regulatory authorisations, licenses, and permits related to hydrocarbons, environmental matters, and port sector regulations to provide services to the port terminal refinery, Relapasa (Refinería La Pampilla).
Comprehensive assessment for port and energy sectors: We assessed the applicable regulations for the sector, including port operations, and identified all the requirements and deadlines for procedures before the National Port Authority (APN), the Directorate General of Captaincies and Ports (DICAPI), the Ministry of Energy and Mines, the National Service of Environmental Certification for Sustainable Investments (SENACE), and the Supervisory Agency for Energy and Mining Investments (OSINERGMIN).
Detailed analysis report despite unfinished deal: Based on our comprehensive analysis, we prepared a detailed report, but the business deal was not finalised due to commercial reasons.
Leading logistic and maritime solutions: Marval is a group of companies that since 1989 provide comprehensive logistic, maritime and port solutions. It has offices in Chile, Peru, Bolivia and Brazil.
Expertise in port and hydrocarbon licensing: This case is significant because it involved navigating a complex regulatory framework, including hydrocarbons, environmental laws, and port sector regulations, to facilitate port operations.
Legal diligence in highly regulated industries: The case demonstrates the importance of legal and regulatory diligence when planning significant commercial transactions in highly regulated industries. For the client, it ensured that all requirements were clearly understood, even though the deal was not completed.
Latest development: Our firm completed the regulatory review and report; however, the business deal was not finalised due to commercial reasons.
Patricia Castro
Confidential
Route revocation process by Peruvian Aviation Authority. Estudio Olaechea advised Sky Airline on a revocation procedure initiated by the Peruvian Aviation Authority (DGAC) regarding the regular operation permit for passengers, cargo and mail against Sky Airline. It consisted of the revocation of the Lima-Havana routes and of seven frequencies in the Lima-Santiago route ( subject to limitation), of a total of 21 frequencies granted.
Comprehensive regulatory support and strategy: Our advisory services consisted of accompanying Sky Airline throughout the administrative procedure until its conclusion and defining the regulatory strategy. This included the application of principles contained in the General Administrative Procedure Law, application of principles and duties governing the actions of the authority, and application of the Civil Aeronautics Law and its regulations.
Bilateral framework evaluation: Our work also involved the review and analysis of the existing bilateral framework with Chile and the approach on expansion of frequencies granted in the Memorandum of Understanding between Civil Aeronautics Authorities of Peru and Chile.
Operational projections and air traffic rights analysis: We also analysed the circumstances that impact the operational projections of the airlines, the participation of the State and the situation of the infrastructure of the International Airport of Lima, as well as the determination of the use of the fifth freedoms of the air according to the aero commercial rights granted, rejecting the opinion that these should be considered according to the passenger’s activity.
Modern carrier connecting Americas: Sky is an airline founded in Chile in 2001 operating with a modern fleet of Airbus aircrafts to more than 40 destinations in the Americas through its subsidiaries.
Balancing international aviation regulations and local authority interpretations: This case is important because it involves the application of international aviation regulations vs. the interpretation of the local authority regarding the fifth freedom of the air. With our support the airline maintained its frequencies on the Lima-Santiago route with connecting flights in Buenos Aires.
Latest development: DGAC decided to revoke only three of the seven frequencies that were subject to revocation.
Maria Eugenia Yabar
Confidential
Air Canada’s internal audit of specialised airport services in Peru. Our firm assisted Air Canada (AC) with an internal audit of its specialised airport services providers (SEAs) to comply with the requirements of a Peruvian Aeronautical Regulation, focusing on regulatory compliance.
Enhancing compliance with Air Canada’s security program and Peruvian regulations: Our team reviewed the current procedures of the SEAs to identify observations and opportunities for improvement relating to the services provided by the SEAs in compliance with Air Canada’s Security Program and the requirements of the Peruvian Aeronautical Regulation.
Audit findings and corrective actions for compliance: Observations found during the audit by the authority were listed and emails were sent to the SEAs requesting the filing of corrective action plans. A report was prepared with the results of the audit for submission to the Peruvian Aviation Authority (DGAC).
Leading airline in Canadian and global markets: Air Canada is Canada’s largest airline and the largest provider of scheduled passenger services in the Canadian market, the Canada-U.S. transborder market and in the international market to and from Canada. Air Canada is a founding member of Star Alliance providing the world’s most comprehensive air transportation network.
Ensuring regulatory adherence for aviation safety: This case is relevant because it reinforces the importance of complying with Air Canada’s Security Program and the Peruvian Aeronautical Regulation, with the DGAC in favour of the aircraft’s operational safety, as well as the safety of the passengers or cargo.
Latest development: The audit has been completed, and the airline has sent our observations to the suppliers, who are now preparing their corrective action plans according to the process applicable to these matters.
Maria Eugenia Yabar
Air Canada’s operating revenue in Q3 2024: 6.11 billion
Modification of regular international operating permit for airline. Estudio Olaechea assisted airline player Arajet in including Punta Cana as an additional destination to the one already granted in their Regular International Operating Permit (RIOP) (Santo Domingo) with up to seven weekly frequencies.
Legal review and advisory on RIOP modification: For this purpose, our firm reviewed the international treaty between the Republic of Peru and the Dominican Republic and advised Arajet on the necessary formal documentation requested by the aeronautical authority for granting the RIOP modification.
Expedited regulatory support for new route approval: As the client needed to start operations in a very short period, we suggested filing also for an International Flight Permit (IFP) to obtain authorisation for operating the new route. Our team reviewed all the technical documentation, such as aircraft certificates, OPSPECS, pilot licenses and medical certificates, and prepared the complementary documentation required by Peruvian regulations.
Facilitating flight slot approvals: Our firm also assisted the client in obtaining additional slots for flights on the Punta Cana-Lima route, under permanent coordination with the Peruvian Aeronautical Authority (DGAC), the airport operator Lima Airport Partners (LAP) and the air traffic controller (CORPAC), as well as Dominican Republic authorities.
Affordable airline connecting Dominican Republic to Americas: Arajet is an airline from Dominican Republic that sells affordable flight tickets. It offers the only direct service between Santo Domingo and several cities in the Caribbean, Central America, and South America.
Arajet’s expansion strengthening regional connectivity through Lima: This case is important to Arajet, as it aimed to expand its connection network, making it possible to travel from Lima to Santo Domingo or Punta Cana in its project to be a hub for the region.
Latest development: We successfully advised the client on this matter.
Maria Eugenia Yabar
Confidential
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.
Patricia Castro
Approximately USD 400,000
Participation in Petroperú’s tugboat lease. Our firm provided legal counsel to Saam Towage on the selective award process conducted by the state-owned company Petroperú for the lease of tugboats for the docking and undocking of tankers at the Bayóvar terminal.
Expert legal guidance on compliance, bidding, and contract negotiations: Our role involved advising the client on regulatory compliance, bidding processes, and contract negotiations, ensuring all legal requirements were met and the client’s interests were protected throughout the process.
Ensuring success in public contracts and oil & gas services: The successful outcome obtained by our firm ensured the client’s ability to provide essential services in the oil and gas sector. Additionally, the case highlighted our firm’s expertise in handling public law issues and contracts with public entities.
Trusted leader in Peru’s tugboat industry: Saam Towage is one of the Peru’s leaders in tug services, with nearly six decades of experience operating a fleet of tugs in the main Peruvian ports. Currently, it has over 40 employees in 7 ports.
Challenges in Petroperú’s tugboat leasing process: This case is significant as it involved a public tender process with Petroperú, a state-owned enterprise in a highly regulated sector. It was an important opportunity within the specific scope of tugboat leasing services for tanker vessels at the Bayovar terminal. The process was particularly challenging due to the tight deadlines.
Latest development: The case concluded successfully with the client being awarded the contract for the tugboat leasing service. All agreements were signed, and the project is now in its execution phase.
Patricia Castro
More than USD 2 million
Supporting port terminals expert in infrastructure redesign. Estudio Olaechea is assisting APM Terminals Callao with the execution of Phase 3A of the mail port infrastructure redesign process, focusing on regulatory compliance and public law aspects.
Enhancing terminal with advanced infrastructure upgrades: This phase includes significant improvements, such as the construction of 12 vertical silos, which will increase storage capacity and enhance speed, making the terminal the fastest grain unloading hub in South America.
Comprehensive legal support for construction and authority approvals: Our support includes drafting and negotiating construction contracts and managing licenses, authorisations, and other regulatory approvals required by state authorities. Additionally, we are overseeing the exemption from licensing requirements, given the project’s status as a prioritised initiative.
Guidance on regulatory compliance and administrative procedures: We are also providing legal guidance on administrative procedures, ensuring adherence to sectoral regulations, including environmental, urban development, and public procurement permits, as well as compliance with transport and port authorities’ requirements.
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.
Regulatory challenges in large-scale infrastructure projects: This case is important due to its complexity in navigating regulatory frameworks for large-scale infrastructure projects. The legal work involves ensuring the project’s compliance with public law requirements, from securing necessary licenses to handling exemptions and obtaining critical permits.
Latest development: Phase 3A is expected to be delivered in the next few months. We remain actively involved, providing ongoing legal support to ensure the project’s successful finalisation.
Patricia Castro
USD 95 million
Market performance inquiry in Peru. Estudio Olaechea is assisting Booking.com in responding to inquiries regarding its market performance by Peruvian authorities, who seek to understand the role of the clients an intermediary purchasing platform. The firm consistently provides an appropriate and suitable response, enabling the authorities to gain insight into Booking.com’s performance.
Establishing client’s status as intermediary platform: In this case, our team needs to demonstrate to the authorities that Booking.com is not a travel agency but rather an intermediary platform. As such, it operates under different regulatory and operational logics, which administrative authorities often struggle to fully understand at first.
Clarifying client’s business model to authorities: This matter requires holding multiple meetings with government entities to analyse regulations and potential legislative initiatives, in accordance with the true nature of Booking.com’s business and operations.
Trusted platform for affordable and seamless travel: Booking.com is a leading travel platform known for booking flights, accommodations, and other services. Its strong reputation offers travellers competitive rates and special promotions, making trips more affordable. With reliability and a global presence, it remains a trusted choice for seamless travel arrangements.
Latest development: We are currently assisting the client with the matter.
Martin Serkovic
Booking.com revenue in 2023: USD 21.4 billion
Property rights and lease agreement lead to supposed violations. Our firm is advising Inversiones Puerto Callao (IPC) on a matter related to alleged violations arising from a property located in the Province of Callao. IPC exercises all the rights inherent to its ownership of said property and entered into a lease agreement with Fábrica de Envases (FADESA), under which the latter would act as the tenant of the property.
Notices of violation issued for allegedly unauthorised construction: In February 2024, the Administrative Inspection Office of the Municipality of Callao issued two Inspection Reports to FADESA, which resulted in two Notices of Violation. The first notice established the violation as carrying out constructions on land areas that do not have urban planning approval from the Municipality. The second notice alleged the carrying out of construction work without the required building permit.
Challenging municipality’s permit requirement: We filed a complaint with INDECOPI against the Municipality, challenging the requirement for a building permit on regularized structures. The complaint questioned the legality of this requirement, given a law allowing permit regularization, which IPC had followed.
Overturning unlawful permit requirement: As a result, INDECOPI issued a resolution, in which it considered all the legal arguments presented in the complaint and confirmed that the permit requirement constitutes an unlawful bureaucratic barrier. Consequently, the complaint filed by IPC was upheld, marking a resounding success for the client.
Real estate and civil engineering experts in Peru: Inversiones Puerto Callao (IPC) is a company engaged in real estate activities involving owned or leased properties, as well as the construction of civil engineering works.
Latest development: With our assistance, the client obtained a favourable decision, which is pending confirmation.
Martin Serkovic
Confidential
Prosac’s PPE acquisition for Talara Refinery. Our firm advised Prosac—a product and equipment distributor in Peru—on a matter involving a contract for the acquisition of personal protective equipment for the Talara Refinery, entered into with Petroleos del Perú (Petroperú).
Addressing Petroperú’s contractual non-compliance: In this case, the public entity failed to fulfil its obligations regarding the payment due under the contract. Our firm notified Petroperú that its non-compliance could result in the failure to meet other outstanding obligations.
Legal implications of delivery suspension: This case was significant as it examined the payment defaults incurred by Petroperú and the possibility of suspending the remaining deliveries based on the applicable Peruvian contractual regulations. This situation was particularly complex given the current economic circumstances faced by the public entity.
Latest development: Our advisory service enabled Petroperú to proceed with fulfilling its obligations, ensuring the continuation of the contract’s execution by Prosac.
Martin Serkovic
USD 780,000