Includes typical use of agents and distributors and how to find a good partner, e.g., whether use of an agent or distributor is legally required
Last Published: 9/10/2018

Although some Brazilian companies import directly from foreign manufacturers without local representation, in most cases, a local agent or distributor is essential. For public tenders, companies doing business directly with the Government of Brazil (GoB) are legally required to use a local representative. As in other countries, the selection of an agent requires careful consideration. U.S. clients are reminded that Brazil is roughly the same size as the United States; therefore, it is important to consider geographic capabilities and not grant national exclusivity without conducting due diligence and verifying capacity.

 The U.S. Commercial Service strongly recommends that exporters and representatives consult with a Brazilian legal representative before writing or signing agreements. This will help U.S. exporters comply with Brazilian laws, particularly with regards to limit liabilities, protect trademarks, and define payment and warranty terms. Clauses related to promotional obligations, service and support duties, localization and performance targets, among others, may be included within the agreement and should be reviewed by counsel.

Prepared by our U.S. Embassies abroad. With its network of 108 offices across the United States and in more than 75 countries, the U.S. Commercial Service of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the U.S. Commercial Service trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.



Brazil Trade Development and Promotion