A few days ago, I wrote about the challenges and trends faced by Brazilian companies seeking to access the American market, especially due to the tariffs imposed by the US government. I even pointed out that it is possible to compete in this market despite the difficulties.

Coincidentally or not, while preparing for an international event in Washington DC, which will take place next August, where I will speak about legal barriers to Brazilian exports to the USA in a session entitled “A legal tug-of-war in international trade”, I came across another perspective, which I objectively share below.

For those who already operate in the American market or have international trade consolidated in their routines, I ask permission to address a basic point, but one that has significant impact for companies wishing to enter the international market.

To facilitate understanding, I divide the process into two blocks of actions and verifications. The first is what I call “Brazil Preparation”. At this stage, entrepreneurs should pay attention to essential issues, such as:

- Is there a market for my product in the USA?
- Does my company have the necessary authorizations in Brazil to export?
- Do I have the capacity to manufacture and deliver the products within the agreed deadlines?
- Under which brand will I operate in the USA?
- Do I hold the intellectual property of the product I am selling?
- Do I have sufficient financial resources for this operation?

These questions lead the entrepreneur to reflect on issues related to the product, the market, operating licenses, production capacity, intellectual property, and the availability of financial resources, all of which are fundamental elements for the feasibility of exporting to the USA. If any of these items are not met, there is a potential risk of making the project unfeasible, which should be corrected or at least monitored according to the risk appetite.

After overcoming the first block of questions, it is possible to move on to a second level of validations, called the “Target Market”. At this stage, new questions arise:

- How will I sell my products?
- What will be the distribution channel?
- What contracts will I need to enter into?
- Is there a need for prior certifications for the product I intend to export?
- Is there any specific regulation for selling my products in the USA?

The answers, of course, depend on the type of product. In the case of selling wine and alcoholic beverages, for example, there are federal and state restrictions in the USA, and commercialization can only be carried out by authorized distributors registered with control bodies, such as the Federal Basic Importer’s Permit, provided for in the FAA Act, as well as other administrative procedures. For hand tools, there is generally no requirement for prior authorization, but it is necessary to meet the technical standards of the American Society of Mechanical Engineers (ASME). For software or technologies intended for the US government, the level of requirement is even higher and much more detailed.

Therefore, overcoming the challenges of exporting to the USA requires coordinated attention to commercial, regulatory, and legal aspects. Only with this integrated approach will it be possible to overcome existing barriers and achieve success in the American market. Fábio Stefani,