Agribusiness

Production, exports, land, rural contracting and sustainability.

We advise growers, agribusinesses, exporters, trading companies, cooperatives and investors in crops, livestock, forestry plantations and food processing.

We know the particular features of rural land ownership under Law 160 of 1994 and the land restitution process of Law 1448 of 2011, the procedures before the ICA (the agricultural and livestock institute), INVIMA (the food and drug agency) and the ANT (the national land agency), and the traceability and sustainability requirements of export markets.

We support the business from due diligence on the land to the contract with the buyer abroad, including the hiring of field workers, environmental permits and the corporate and tax structure of the operation. In family-owned agricultural businesses, we add corporate governance and succession to the analysis.

How we support

  • We conduct due diligence on rural land: origin of title, public lands (baldíos), limits on the UAF (family farming unit), land restitution and occupation.
  • We structure the acquisition, leasing and joint use of land: purchases, long-term leases, sharecropping, joint ventures and partnership agreements with growers.
  • We draft contract farming, supply, toll processing, distribution and marketing agreements with domestic and international buyers.
  • We handle registrations and certifications with the ICA (farms, seeds, agricultural inputs, animal and plant health) and with INVIMA for processed foods.
  • We support exports: sanitary and phytosanitary requirements, international sale contracts, Incoterms and quality claims.
  • We advise on the hiring of rural and harvest workers, labor intermediation and inspections by the Ministry of Labor.
  • We obtain water concessions, forest harvesting permits and discharge permits from the regional environmental authorities.
  • We prepare exporters for their buyers' sustainability and traceability requirements, including the European Union's regulation on deforestation-free products.
  • We structure the company and the tax regime of the agricultural operation, including sector incentives where they apply.
  • We represent growers and companies in contractual disputes, agrarian proceedings and agricultural insurance claims.

Recurring issues

  • Origin of the land: public lands, UAF limits and restitution
  • Agreements with cooperatives and grower associations
  • Quality claims and rejections at destination
  • Outsourcing and labor intermediation in the field
  • Traceability and deforestation-free requirements for export
  • Succession and governance in family-owned agricultural businesses

Practice areas

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