Peru laws & regulations
Labor Productivity and Competitiveness
Training for Work Arrangements
Mrs. Paola Franco Sotomayor - Director General of the General Office of Administration
Technical Officer responsible Nora Tejeda Portal Ll.- Director of Information Technology
Calle Uno Oeste N 050 Urb Córpac - San Isidro - Lima Peru - Central Telefónica: 513-610
Perupetro (http://mirror.perupetro.com.pe/home-e.asp -- broken link)
Private Law State Company responsible for promoting the investment of hydrocarbon exploration and exploitation activities in the country. As a State representative, Perupetro negotiates, signs and supervises hydrocarbon contracts and Technical Evaluation Agreements. Likewise, it markets, through third parties and under free market principles, the hydrocarbons obtained from areas under service contract. It is fully autonomous with regards to economic, financial and administrative issues in keeping with the objectives, policies and strategies approved by the Ministry of Energy and Mines.
Document Library -- BROKEN LINKS
The library includes all relevant documents about the blocks on offer, information about the geology, economics and other aspects of the region.
- A single page, introductory summary of the Contracting Procedures.
- Provides detailed information, with charts and graphs, about the Peruvian commercial environment.
- Graphical representation of the General Environmental Regulations & Standards in Legislation.
- Environmental policy statement including a listing of relevant legislation (English)
- Legal Information regarding contractor qualifications (English)
- Organic Law for Hydrocarbons
The Peruvian Amazon Research Institute (IIAP) is an institution devoted to scientific and technological research for development, which specializes in the sustainable use of biodiversity of the Amazon region, and performs its activities in a decentralized manner by promoting participation of public and private institutions, and the civil society.
Environmental Assessment And Oversight Agency (OEFA)
The Environmental Assessment and Oversight Agency (OEFA) is a technical specialized public agency, which is in charge of the oversight, supervision, control and penalties in environmental matters. Some of its functions are to direct and supervise the application of the common regime of environmental oversight and control, and the incentive regime provided for in the Law No. 28611, General Law of the Environment, as well as to directly supervise and control the observance of the activities included within the scope of its jurisdiction; likewise the performance of authorities with environmental responsibilities.
National Service Of Natural Protected Areas (SERNANP)
The National Service of Natural Protected Areas (SERNANP) is the ruling authority of the National System of Protected Natural Areas (SINANPE), ensuring its operation as a unitary system. In such capacity, it has the duty of leading the administration, operation, control, and supervision of SINANPE Protected Natural Areas, and of adopting and setting up technical and administrative criteria, as well as the procedures for the creation and management of national, regional, and local Protected Natural Areas, as well as those under private administration.
-------------------- TOP ---------------------
Agreement On The Environment Between Canada And The Republic Of Peru (http://www.ec.gc.ca/international/bilat/Peru_Agreement_e.pdf -- broken link)
This Agreement commits both countries to encourage high levels of domestic environmental protection, to foster good environmental governance and to promote transparency and public participation. It also creates a framework for undertaking environmental cooperative activities.
The Canada-Peru Environment Agreement commits both countries to pursue high levels of environmental protection and to continue to strive to develop and improve their environmental laws and policies. The Environment Agreement commits the Parties to:
- comply with and effectively enforce their domestic environmental laws;
- not derogate from domestic environmental laws to encourage trade or investment;
- ensure that proceedings are available to sanction or remedy violations of environmental laws;
- increase public awareness of environmental laws and policies by ensuring that information regarding environmental laws and policies is available to the public;
- ensure that environmental impact assessment processes are in place;
- encourage the use of voluntary best practices of corporate social responsibility (CSR) by enterprises;
- trengthen the protection of biological diversity; and
- respect, preserve and maintain traditional knowledge, innovations and practices of indigenous and local communities.
For more detailed information on the Convention on Biological Diversity, please consult Convention on Biological Diversity.
Canada – Peru Free Trade Agreement (http://www.international.gc.ca/notfound.aspx?404%3B/trade-agreements-accords-commerciaux/agr-acc/andean-andin/can-peru-perou.aspx?lang=eng -- broken link)
The Free Trade Agreement (FTA) provides commercial benefits to Canadian and Peruvian business. Benefits include:
- Better market access through elimination of tariffs on goods
- Better market access for service providers
- Promotion of two-way investment between Canada and Peru
- Better access to government procurement contracts
- Maximized opportunities through trade-related cooperation
- Promotion of corporate social responsibility and anti-corruption measures
Canada is offering its resources and its expertise to help Peru fully implement this agreement and to that end will sponsor a $1-million labour program to promote technical cooperation.
For more detailed information, and for the complete text of the agreements between Canada and Peru, please visit Canada-Andean Countries Free Trade Discussions. (http://www.international.gc.ca/notfound.aspx?404%3B/trade-agreements-accords-commerciaux/agr-acc/andean-andin/index.aspx -- broken link)
Environment-related Provisions in the Free Trade Agreement
Apart from the Environment Agreement, the Canada-Peru Free Trade Agreement, including its principles-based Environment Chapter, sets outs key provisions that strive to protect the environment. The Free Trade Agreement:
- highlights the importance of environmental conservation and protection and the promotion of sustainable development;
- reaffirms the Parties' commitments to Multilateral Environmental Agreements
- provides for specific Multilateral Environmental Agreements (e.g. Montreal Protocol on Substances that Deplete the Ozone Layer) to prevail in the event of an inconsistency between an FTA obligation and the obligations in the MEA;
- encourages the Parties not to weaken their domestic health, safety or environmental measures to attract investment; and
- allows the Parties to take measures necessary to protect human, animal and plant life or health, which may be inconsistent with trade or investment obligations, provided that they are not done in an arbitrary or discriminatory fashion and are not disguised restrictions on trade.
On May 29, 2008, Canada and Peru signed a free trade agreement (FTA) and two parallel agreements in the areas of labour and environment. The Canada-Peru Agreement on Labour Cooperation is based on cooperation between the parties to promote and enforce fundamental labour principles and rights at work. It also provides for an open and transparent dispute resolution process. Both countries are obligated to respect the Labour Cooperation Agreement, and could face financial penalties if its provisions are violated.
Key elements of the Labour Cooperation Agreement include:
- Canada and Peru have committed to ensuring their laws respect the International Labour Organization (ILO) Declaration on Fundamental Principles and Rights at Work of 1998.
- ;Canada and Peru are also committed to provide protections for occupational safety and health, migrant workers, as well as minimum employment standards such as minimum wages and overtime pay.
- The Agreement enables the public to submit complaints to either country concerning the compliance of labour laws with the principles found in the ILO Declaration, or a perceived failure to enforce domestic labour legislation. Ultimately, an independent review panel may require the offending country to pay up to $15 million annually into a cooperation fund to be spent on programs to ensure that the identified problems are rectified.
For more information on the ILO’s Declaration on Fundamental Principles and Rights at Work, please consult Programme for the Promotion of the Declaration.
This law regulates mine owners’ obligations and the procedures that they must follow in relation to mining activity in the Republic of Peru concerning the generation, presentation and implementation of Mine Closure Plans and the establishment of corresponding environmental bonds.
-------------------- TOP ---------------------
Regulations for the Tax Stability guarantee and tax standards of organic hydrocarbon law – Supreme Decree No 32-95-EF (http://www.perupetro.com.pe/Library/Tax%20Regieme%20Eng.pdf -- broken link)
Law of the National System of Environmental Impact Assessment (http://www.mtc.gob.pe/indice/D.-%20NORMATIVIDAD%20SOCIO%20AMBIENTAL/D.1%20Normas%20de%20Caracter%20General/Ley%2027446%20Ley%20del%20Sistema%20Nacional%20de%20Evaluaci%C3%B3n%20del%20Impacto.pdf -- broken link)
The purpose of this regulation is the prevention, minimization, mitigation and control of the risks and effects that might result from exploration activities and mining on the health and safety of people and the environment, as well as rehabilitation of the environment at project closure, moving towards a proper relationship between the extractive companies and the communities within its sphere of influence, to contribute to sustainable development.
Law 27 446 Law of the National System of Environmental Impact Assessment (http://www.oefa.gob.pe/documentos/marcojuridico/MJ004_L27446.pdf -- broken link)
Guide produced by the Ministerio de Energia y Minas, ProvInversion Private Investment Promotion Agency of Peru and the Sociedad Nacional de Mineria Petroleo Y Energia.
-------------------- TOP ---------------------