Fernanda Herrmann

Fernanda Maria Barcellos Herrmann

Legal Director
Baker & McKenzie Amsterdam N.V.
Not admitted to practice law in this jurisdiction

Biography

Fernanda Herrmann is a legal director in the EMEA Customs Group of Baker McKenzie's Amsterdam office. In her practice, she focuses on advisory of global clients in customs compliance issues, including customs review programs and implementation of global risk matrix. She also advises clients on structuring supply chain structures from a customs and trade perspective.

Prior to joining the Firm, Fernanda was a Director with STTAS, a UPS Company, for the past 7 years. She also worked as European customs manager for General Motors, in Brazil and Europe, and for EY, where she practiced as senior advisor in Customs & International Trade. Fernanda started her career at Bayer AG in the foreign trade area. She has a particular focus on global customs, including South-American and European Countries multi-country projects. She is member of the Brazilian Bar Association and the Deutsch-Brasilianische Juristen Vereinigung. She holds a Master Degree (LLM) in Customs Law from the University of Münster, Germany.

Practice Focus

Fernanda has extensive knowledge in global customs rules, specifically in the implementation of customs compliance programs and policies and training employees, 3PL and 4PL parties in understanding and implementing those. She holds a strong analytical mindset to comprehend legal texts of different jurisdictions, translating those into workable solutions. She is experienced in identifying potential compliance obligations and key opportunities arising from the customs legislation and supply chain structures. Because of her work experience in the industry, Fernanda effectively communicates and works with all business levels, customs brokers, freight forwarders, members of international organizations and government officials.

Representative Legal Matters

  • Refunded USD 10 million customs duty paid by automotive company in Brazil, by means of reversing Customs's decision (proving the illegality of customs provision).

  • Successfully refunded of EUR 1.5 million customs duty concerning vehicles imported in Belgium and Slovenia subject to retroactive transfer price adjustment.

  • Saved over USD 8 million import duty of machinery and equipment imported into Brazil by applying for duty suspension (“ex-tarifário”, Mercosur GMC 08/08 and other import duty reduction mechanisms).

  • Implemented system to centralize tariff classification activity in automotive multinational, reducing by 98% the penalties for incorrect HS Code at global level.

  • Supported multinationals in the set up process in Latin American Countries, including e-commerce multinational.

  • Advised the Brazilian Customs on the draft and publication of the Brazilian legislation regarding Authorized Economic Operator, based on Master Thesis presented upon conclusion of LL.M. in Germany.

  • Advised several multinationals in the application for the Authorized Economic Operator Program and similar customs compliance programs.

Professional Associations and Memberships

  • Brazilian Bar Association 
  • Deutsch-Brasilianische Juristen Vereinigung (member)

Admissions

  • Brazil (2005)

Education

  • Westfaelische Wilhelms-Universitaet Muenster (LLM) (2008)
  • Universidade Presbiteriana Mackenzie Law School (LLB) (2003)
  • IFPA, Colégio Humboldt (International Trade) (2001)

Languages

  • English
  • German
  • Portuguese
  • Spanish

Publications

Author, “OEAC-C: Weiterer Schritt zum AEO in Brasilien,” in AW-Prax Newsletter, March 2016, p. 68

Author, “Importe nach Brasilien - Das Boomland aus zollrechtlicher Sicht,” in AW-Prax Newsletter, October 2012 p. 329

Author, "Customs Compliance Program: The EU Example," Customs and International Trade Bar News, 2011, Vol. 10, Issue 3

Author, "AEO Goes Global - Overview of Country Programs," Report of WCO 2007 Forum, in AW-Prax Newsletter April 2008, p. 139

Presentations

Speaker, "Transfer of production plants and importing used goods into Brazil," C5 Global Customs Compliace, March 2012