FDI Peru lawyer
Foreign direct investment in Peru presents substantial opportunities for US investors across mining, energy, infrastructure, agriculture, and manufacturing sectors. Peru has maintained an open investment regime under its Constitutional framework and successive legislative reforms, including Legislative Decree No. 662 and Legislative Decree No. 757, which guarantee foreign investors equal treatment, unrestricted capital repatriation, and access to international arbitration. The US-Peru Trade Promotion Agreement (PTPA), in force since February 1, 2009, further secures US investor rights, including national treatment, most-favored-nation status, and investor-state dispute settlement protections. A US investor entering the Peruvian market must navigate US-side legal considerations — entity structuring, Foreign Corrupt Practices Act (FCPA) compliance under 15 U.S.C. § 78dd-1 et seq., OFAC sanctions screening, and cross-border tax planning — while coordinating with Peruvian-licensed counsel on the Peru-law side. Law Offices of SRIS, P.C. provides US legal counsel to investors pursuing FDI in Peru, with Mr. Sris handling the US-law dimensions of the investment and the firm’s Peru Of Counsel network addressing Peruvian legal requirements. Reach Law Offices of SRIS, P.C. at (888) 437-7747 to discuss US counsel for your Peru investment.
What Foreign Direct Investment in Peru Involves
Foreign direct investment in Peru is governed by a framework of constitutional guarantees, investment promotion statutes, and bilateral treaty protections that collectively grant foreign investors the right to establish, acquire, and operate businesses in Peru on terms equal to those afforded to domestic investors. Peru’s Constitution (Article 63) guarantees equal treatment of foreign and domestic investment. Legislative Decree No. 662 and Legislative Decree No. 757 form the statutory backbone of Peru’s FDI regime, providing for unrestricted repatriation of capital and profits, freedom to remit dividends, and access to international arbitration for dispute resolution. These protections are reinforced by the PTPA’s investment chapter, which provides US investors with direct recourse to binding international arbitration against Peru for treaty breaches, including claims for expropriation without compensation, denial of justice, and discriminatory treatment.
The Peruvian government, through Proinversión, actively promotes FDI across priority sectors. Key investment frameworks include mining concessions under the General Mining Law, hydrocarbon exploration and production under the Hydrocarbons Organic Law, and public-private partnership structures for infrastructure projects. A US investor must also consider the Peruvian tax regime — corporate income tax at 29.5%, dividend withholding at 5%, and VAT at 18% — as well as sector-specific regulatory requirements. On the US side, the investor must address entity selection (LLC, C-corp, or pass-through), FCPA compliance for interactions with Peruvian government officials, and OFAC sanctions screening to ensure the transaction does not involve sanctioned persons or entities. The cross-border legal work divides naturally: the US attorney handles US entity formation, FCPA risk assessment, OFAC clearance, and US tax structuring, while Peruvian-licensed counsel handles the incorporation of the Peruvian subsidiary, regulatory approvals, labor law compliance, and Peruvian tax registration.
How Mr. Sris and His Of Counsel Network Handle Peru FDI Matters
Law Offices of SRIS, P.C. provides US legal counsel for the US-law aspects of Peru-bound foreign direct investment, collaborating with Peru-admitted Of Counsel who handle the Peruvian-law components of the transaction. The engagement typically begins with a US-side assessment: the investor’s business objectives, proposed investment structure, exposure to Peruvian government officials (triggering FCPA analysis), and any OFAC or sanctions considerations. Mr. Sris, as the responsible US attorney, oversees entity formation in the appropriate US jurisdiction, drafts or reviews shareholder agreements and investment documents under US law, and advises on FCPA compliance protocols for the investor’s operations in Peru. On the Peruvian side, the firm’s Peru Of Counsel — attorneys admitted by the Colegio de Abogados de Lima — handle the incorporation of the Peruvian subsidiary, negotiate regulatory approvals with Peruvian agencies, draft Peruvian-law-governed contracts, and advise on local labor, tax, and environmental compliance.
Martín Mayandía, Of Counsel for Peru matters at Law Offices of SRIS, P.C., is admitted to practice law in Peru. He is not admitted to practice law in the United States. Mr. Mayandía brings experience in Peruvian corporate and regulatory law to the firm’s FDI practice, advising on entity formation, tax registration, sector-specific permits, and Proinversión engagement. The US and Peruvian legal teams maintain strict jurisdictional separation: Mr. Sris and US-licensed attorneys at the firm handle all matters of US law; Mr. Mayandía and other Peru-admitted Of Counsel handle all matters of Peruvian law. The two sides collaborate on the transaction’s structure to ensure consistency across jurisdictions, but each attorney practices only in the jurisdiction where they are admitted. This division protects the client from unauthorized practice of law exposure and ensures that Peruvian legal questions are resolved by an attorney familiar with Peru’s civil law system, the Peruvian Civil Code of 1984, and the regulatory practices of Peruvian agencies.
About Mr. Sris and the Law Offices of SRIS, P.C. Of Counsel Network
Mr. Sris, Owner and Founder of Law Offices of SRIS, P.C., is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He founded the firm in 1997 and has built a cross-border practice serving US clients with international legal needs. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the bill that became the 2019 revision to Va. Code § 20-107.3(g). He leads the firm’s US-side counsel on FDI transactions, advising on entity structure, regulatory compliance, and cross-border risk assessment for investments in Peru and throughout Latin America.
The Law Offices of SRIS, P.C. Of Counsel network includes independent foreign-licensed attorneys who collaborate with the firm on matters involving the law of their respective jurisdictions. For Peru FDI matters, Martín Mayandía serves as the firm’s Of Counsel for Peruvian law. Mr. Mayandía is admitted to practice law in Peru. He is not admitted to practice law in the United States. His work with the firm is limited to matters of Peruvian law and to coordinating with US-licensed attorneys on cross-border transactions. Mr. Sris and his Of Counsel bring extensive combined legal experience to Peru-bound investments, with the US-law and Peruvian-law dimensions handled by attorneys admitted in the relevant jurisdiction. Consultations are by appointment; contact Law Offices of SRIS, P.C. at (888) 437-7747.
Frequently Asked Questions
What does an FDI Peru lawyer do?
An FDI Peru lawyer provides legal counsel to foreign investors on the laws, regulations, and treaty protections governing direct investment in Peru, with US-licensed counsel handling US-side legal matters and Peruvian-licensed counsel handling Peruvian-law matters. On the US side, the attorney advises on entity structuring, FCPA compliance, OFAC sanctions screening, cross-border tax planning, and the investor’s rights under the US-Peru Trade Promotion Agreement. On the Peruvian side, Peruvian-licensed counsel handles incorporation of the Peruvian entity, regulatory approvals, labor and tax registration, and sector-specific compliance. The two sides coordinate to ensure the investment structure is legally sound in both jurisdictions. For guidance on structuring a Peru-bound investment, reach Law Offices of SRIS, P.C. at (888) 437-7747.
Do I need both a US and a Peruvian lawyer for my Peru investment?
Yes — a US investor in Peru typically requires both US-licensed counsel and Peruvian-licensed counsel because the investment implicates the laws of both countries, and each attorney is ethically and legally limited to practicing in the jurisdiction where they are admitted. A US attorney who is not admitted in Peru cannot render legal advice on Peruvian corporate formation, Peruvian tax registration, Peruvian labor law, or Peruvian regulatory compliance. Conversely, a Peruvian attorney who is not admitted in any US state bar cannot advise on US entity structure, US tax law, or US regulatory requirements such as FCPA and OFAC compliance. Law Offices of SRIS, P.C. addresses this through coordinated engagement: Mr. Sris and other US-licensed attorneys handle the US-law side, and Martín Mayandía, the firm’s Peru-admitted Of Counsel, handles the Peruvian-law side. To discuss the details of your cross-border investment, contact Law Offices of SRIS, P.C. at (888) 437-7747.
What is the US-Peru Trade Promotion Agreement and how does it affect my investment?
The US-Peru Trade Promotion Agreement (PTPA), in force since February 1, 2009, is a bilateral trade and investment treaty that grants US investors national treatment, most-favored-nation status, and access to binding international arbitration for disputes with the Peruvian government. Under the PTPA’s investment chapter, a US investor who alleges that Peru has breached its treaty obligations — for example, by expropriating an investment without compensation, denying fair and equitable treatment, or engaging in discriminatory conduct — may bring a claim before an international arbitral tribunal, typically under ICSID or UNCITRAL rules. The PTPA also eliminates tariffs on qualifying goods and provides protections for intellectual property rights. For investors, the treaty is a significant risk-mitigation tool. For a consultation on how the PTPA applies to your specific investment, reach Mr. Sris and his Of Counsel network at (888) 437-7747.
How does FCPA compliance work when investing in Peru?
The Foreign Corrupt Practices Act imposes anti-bribery and books-and-records obligations on US issuers, domestic concerns, and certain foreign persons acting in US territory, and these obligations extend to a US investor’s operations in Peru. Under 15 U.S.C. § 78dd-1 (issuers), § 78dd-2 (domestic concerns), and § 78dd-3 (certain foreign persons in US territory), it is unlawful to bribe a foreign government official to obtain or retain business. In the Peru context, this means a US investor must implement compliance protocols for interactions with Peruvian government officials — including those at Proinversión, sector regulators, and municipal authorities. Criminal penalties for individuals under 15 U.S.C. § 78ff include up to five years imprisonment per anti-bribery violation. The firm advises US investors on FCPA risk assessment, compliance program design, and due diligence on Peruvian partners and intermediaries. For guidance on your specific FCPA compliance obligations, contact Law Offices of SRIS, P.C. at (888) 437-7747.
What Peruvian government approvals are needed for foreign investment?
Foreign investment in Peru generally does not require prior government approval — Peru operates an open investment regime with few sector-specific restrictions — but certain regulated sectors require licenses, concessions, or authorizations from Peruvian agencies. Mining investments require concessions from the Instituto Geológico, Minero y Metalúrgico (INGEMMET) and environmental permits from the Ministerio del Ambiente. Hydrocarbon investments require contracts with Perupetro. Infrastructure projects may be structured as public-private partnerships through Proinversión. Financial services require authorization from the Superintendencia de Banca, Seguros y AFP (SBS). These approvals are handled by Peruvian-licensed counsel. On the US side, the investor should consider whether any US regulatory approvals are needed — for example, CFIUS review is not typically triggered by a Peru-bound investment, but export controls administered by the Bureau of Industry and Security may apply to technology transfers. For guidance on the regulatory requirements applicable to your Peru investment, reach Law Offices of SRIS, P.C. at (888) 437-7747.
How do I get started with a Peru FDI consultation?
To begin a consultation on US legal counsel for a Peru-bound foreign direct investment, contact Law Offices of SRIS, P.C. at (888) 437-7747 to schedule an appointment with Mr. Sris and the firm’s Peru Of Counsel network. Initial consultations typically cover the investor’s business objectives, the proposed investment structure, the sector and regulatory framework in Peru, and the US-side legal considerations including entity formation, FCPA compliance, and tax planning. The firm will identify the specific Peru-law issues that require Peruvian-licensed counsel and coordinate engagement of the appropriate Of Counsel attorney. Consultations are by appointment only. For a consultation on cross-border counsel for your Peru investment, reach Mr. Sris and his Of Counsel network at (888) 437-7747.