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Infrastructure
Investment
Guide
2020/2021
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Infrastructure
Investment
Guide
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Edited by:
Ernst & Young Consultores SCRL
2020/2021
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First edition - September 2020
Collective work
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ISBN:
3
A NOTE FROM
insights and explain the key elements for a
successful expansion by international mining
THE PRESIDENT
and metals companies into Peru.
THE MINISTRY
slowly progressing in the last years, would
have a new boost through Government
to Government agreements (G2Gs). This
OF FOREIGN agreement was successfully applied for
the Panamerican Games Lima 2019.
I am very excited to introduce this guide It should be highlighted that the focus
for stakeholders and potential investors is not developing public infrastructure
in the infrastructure field. It is the result itself. There is an extremely large gap in
of a joint effort from a diverse team, with essential services, deeply emphasized
different background experiences and with the pandemic. Thus each project is
perspectives, but mostly with the same a step toward improving quality of life for
passion for promoting Peruvian investment citizens. With this clear purpose in mind,
opportunities. According to a reliable all the endeavor should be driven to deliver
source, Peru's gap in infrastructure, up high quality public services. Even though
to 2025, will be US$160 billion therefore great works are expected, operation and
we are committed to impulse its prompt maintenance with the highest standard
reduction. possible, are also necessary to assure
increasing living conditions.
We could not have chosen a better timing.
Our country is still struggling with COVID-19 From a tax standpoint, Peruvian legislation
and its collateral effects in our economy. In offers outstanding benefits that should be
this challenging scenario, it is well known considered to determine the profitability
that public investment is a great driving of a business. Some examples are: tax
force to stimulate the market, in terms of stability agreements by which corporate
providing rapidly private companies new income tax and dividend withholding tax
options to offer their goods and services, as freeze during the entire period of a project;
well as creating new jobs opportunities. foreign currency accounting; special
and accelerated tax depreciation and
Recently, our President Martín Vizcarra, amortization rates; early recovery of VAT,
announced that some of the most attractive among many others.
megaprojects (as Lines 3 and 4 of Lima
6
FROM EY
of the EY Peru Infrastructure Guide. It
has the main purpose of serving as a tool
for documentation and evaluation of the
infrastructure field in Peru, in order to offer
to foreign investors a real and recent view
Paulo Pantigoso of such Peruvian market and to encourage
Country Managing Partner them to know and take advantage of the
EY Peru offered opportunities.
in/paulopantigoso
“
Because of COVID-19, we are experiencing
extraordinary, dramatic and life changing
events. Peruvian economy in particular,
aligned with global economy, needs urgently
FROM EY
gap in infrastructure, up to 2025, will
be US$110 billion. We are committed to
impulse its prompt reduction. Moreover, our
country is still struggling with COVID-19 and
its collateral effects in the economy. In this
challenging scenario, it is well known that
Manuel Rivera public investment is a great driving force to
Tax Infrastructure stimulate the market, in terms of providing
Leader rapidly private companies new options to
in/manuelriverasilva offer their goods and services, as well as
creating new jobs opportunities.
“
Peru has followed this path. Recently, our
President Martín Vizcarra, announced that
The pandemic some of the most attractive megaprojects
(as Lines 3 and 4 of Lima subway and
is revealing the the Central highway), that were slowly
progressing in the last years, would have
importance of a new boost through Government to
Government agreements (G2Gs). This type
infrastructure. We of agreement was successfully implemented
in the Panamerican Games Lima 2019.
must keep in mind Likewise, G2Gs will also be used as part of
an aggressive plan for “packaging” works in
that its ultimate goal strategic sectors as health, education, water
and sanitation.
is improving living
It should be highlighted that the focus
conditions through the is not developing public infrastructure
itself. There is an extremely large gap in
provision of high-quality essential services, deeply emphasized
with the pandemic. Thus, each project is
public services. a step toward improving quality of life for
citizens. With this clear purpose in mind,
all the endeavor should be driven to deliver
high quality public services. Even though
great works are expected, operation and
I am very excited to introduce this guide maintenance with the highest standard
for stakeholders and potential investors possible, are also necessary to assure
in the infrastructure field. It is the result increasing living conditions.
of a joint effort from a diverse team, with
different background experiences and We hope this guide would provide an holistic
perspectives, but mostly with the same panorama of Peruvian investment climate
passion for promoting Peruvian investment and would help as a starting point for
opportunities. canalizing your interest in our country.
We invite you to enjoy this guide and contact
us should you have questions or need
special assistance.
8
FROM EY
guide the most recent data on the current
Peruvian infrastructure gap, an overview
of the infrastructure opportunities by
sector (roads, railways, healthcare,
water & sanitation, education, telecom,
Juan José Cárdenas among others), a projects pipeline as well
EY Law Projects and as a section covering the financing of
Infrastructure Leader infrastructure projects in Peru.
in/juanjocardenas
Furthermore, you will find in this guide
“
a thorough section on the most relevant
characteristics of the Public Private
Partnerships (PPP), Work for Taxes
Our legal system is very and Government to Government (G2G)
frameworks as well as an overview of the
flexible. All the benefits main legal, tax, labor, environmental and
of G2Gs and PPPs might custom tax matters that are relevant for any
potential investors in infrastructure in Peru.
be exploited in the same
infrastructure project. Peru, as a country, has gotten valuable
experience of promoting foreign and
domestic investment in infrastructure
during the last thirty years. However, our
infrastructure gap is still huge and the
We are living challenging times for
COVID-19 collateral effects would make
everyone, not only in Peru but in the entire
nothing but increase the need and urgency
world. Times that requires, probably more
of closing such gap.
than ever, promoting public and private
investment in infrastructure in all countries
We can expect, then, a second wave of
but even more in emerging ones, such as
infrastructure investment in the coming
Peru, to close the infrastructure gap and
years, leveraging on the lessons learned
provide quality and adequate service to our
in the recent years and the strengths that
citizens.
Peru has been able, with great efforts of all
its citizens, to achieve. We hope this guide
This is the main purpose of the Peru's
helps any interested entities and individuals
Infrastructure Investment Guide 2020/2021
in participating in this next wave, whether
that we have prepared, aimed as being as
as investors, lenders, advisors or in any
useful tool for any private investors, banks
other role, as a starting point to explore
and other financial institutions, multilateral
such interest.
organizations and governmental entities
interested in exploring and assessing
Peruvian investment opportunities in
infrastructure.
9
FROM EY
or regulatory demands and do all this while
addressing growing concerns on climate
change that require the deployment of
resilient infrastructure.
Enrique Oliveros
Capital requirements are significant and
Strategy and Transactions
the public sector, especially in developing
Lead Partner and Head of countries, can only provide a small
Investment Banking amount of funds to develop the much-
EY Latam North needed infrastructure. In this scenario,
the public sector must play a new role
in/enriqueoliveros
of promoting private investment in
“
infrastructure and setting rules that through
transparent mechanisms allow private
investors to provide their share of capital
to develop infrastructure.
Peru has a proven track-
record of developing Public-private partnerships (PPPs),
privatizations, concessions, government
infrastructure projects in to government (G2Gs) agreements are
partnership with the private some of the mechanisms used globally to
canalize private investment to infrastructure
sector and is recognized as a projects. In developing countries, these
regional leader. mechanisms have proved to be very useful
in giving people access to energy, water or
telecom services or providing them with
better quality services.
Countries all around the world need to invest Peru has a proven track-record of
huge amounts of money in infrastructure. developing infrastructure projects in
Growing population, rapid urbanization, partnership with the private sector.
emergence of new technologies and Since the mid 90's, our country has
climate change will accelerate demand for successfully used different mechanisms
new infrastructure. Experts suggest that to procure infrastructure development
at least 5%-6% of GDP should be invested and is recognized as a regional leader
annually on infrastructure and this figure is based on its strong macro figures, a good
even higher for developing countries that regulatory framework and our government's
have large infrastructure gaps. EY studies commitment with PPPs and concessions.
estimate that over 75% of the infrastructure
needed for 2050 is still to be developed. A new generation of infrastructure projects
including sub-sovereign transactions,
We should highlight that investment in “green” projects, climate-resilient projects
infrastructure is a global challenge, not only as well as “traditional infrastructure” is to
a concern for developing countries. While be released and we expect this Guide to
developing countries need to build non- be useful for potential investors that are
existent infrastructure; developed nations evaluating doing business in Peru.
need to replace old infrastructure, adapt
10
PROINVERSIÓN
of projects through the National
Infrastructure Plan for Competitiveness
(PNIC) that prioritizes 52 projects for
an investment amount of around US$30
billion, of which, more than 60% will be
Rafael Ugaz executed in the Public-Private Partnership
Executive Director, (PPP) modality.
ProInversión
rugaz@proinversion.gob.pe Currently, the portfolio of mature projects,
Phone: +51 1 200 1200 mainly in the PPP modality, promoted by
ProInversión exceeds US$5.9 billion. There
Peru has been one of the fastest are 22 projects that will be awarded, or
growing economies in the region in the called for tender, before July 2021, among
last two decades, maintaining stable which are the Huancayo Huancavelica
macroeconomic policies that have made Railway project (US$232 million), the
it possible to promote private investment Natural Gas Massification project in 7
and boost the growth of the domestic central and southern regions of the country
market, while developing a clear policy of (US$200 million), the Headworks project,
integration with the international markets. to increase and ensure the supply of water
within the city of Lima (US$600 million),
The good performance of the Peruvian the Ancón Industrial Park (US$650 million),
economy is widely recognized not only 5 electricity transmission projects (US$235
by risk rating agencies, which project a million), 2 hospital projects (US$254
stable scenario for the country, despite million), 1 highway project in the central
the current scenario, but also by the highlands (US$280 million), 1 urban
main institutional investors who maintain connectivity project in Lima and Callao
appetite for the Peruvian sovereign (US$2,049 million), 1 telecommunications
bonds. This reflects future confidence in project (US$291 million), 2 wastewater
the proper management of the economy treatment plants and sewerage networks
and the evolution of the main economic (US$222 million), 5 educational
indicators. infrastructure projects (US$603 million)
and a mining-hydraulic development
The good prospects for the Peruvian project (US$350 million in a first stage).
economy are mainly based on the For all these projects, international public
boost in the construction sector and tenders will be called through which the
associated activities, which sustains a aim is to generate competition and attract
growing investment dynamic thanks to the best global operators in order to
the development of large infrastructure ensure the provision of services with
projects awarded in recent years. Added high quality standards throughout the
to this is the Peruvian government's concession period.
11
TAX FRAMEWORK
1. Peruvian General Tax Considerations 98
2. Special Tax Rules:
102
Construction Services
3. Special Tax Rules:
104
Public Private Partnerships
BACKGROUND
13
INFORMATION
BACKGROUND INFORMATION
1
14
2
15
Varies from
Located on the west central coast of South tropical in the
America, Peru is bordered by the Pacific Ocean Amazon
to the west, Chile to the south, Bolivia and Brazil to dry along the
to the east, and Colombia and Ecuador to the Coast, and from
north. With a total land area of 1.29 million of temperate
km2, Peru is the third largest country in South to very cold in
America after Brazil and Argentina. It may be the Highlands
1.29 million
divided geographically in three regions:
of km2
3
16
4
17
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020*
slightly different.
Exchange rate
4
3.41 3.36 3.40
3.24 3.37 3.31
2.99
PEN / US
3 2.81 2.80
2.70 2.55
1
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020*
5
18
ECONOMIC
OVERVIEW
The country has had continuous economic and
political stability since the early 1990s.
It is a very diverse country due to climatic,
natural and cultural variations of its regions;
Peru's economy reflects its varied geography,
an arid coastal region, the Andes further
inland, and tropical lands bordering Colombia,
Brazil and a portion with Bolivia. It has rich
deposits of copper, gold, silver, lead, zinc,
natural gas and petroleum. Abundant mineral
resources are found mainly in the mountainous
areas, and Peru's coastal waters provide
excellent fishing grounds.
Textile
~ Fishery ¥
industry
Ecuador Colombia
~ Arequipa
Cu
Sn
~ ¤ Bolivia
~ Iloª
Mollendo ∆
~
~ Chile
19
Peru has been one of the region's fastest- Following a 2.2% GDP growth in 2019, Peru
growing economies, over the past two would face a drop-in output in 2020 of almost
decades, in a context of low inflation. Due to 12% of its GDP after being one of the first
prudent macroeconomic policies, investor countries in the region to impose a lockdown to
friendly market policies and the government's stop the spread of coronavirus. Nevertheless,
aggressive trade liberalization strategies, Peru Peru's economic stimulus plan equivalent to
has achieved significant advances in social and 12% of GDP will speed up the recovery in 2021
development indicators as well as dynamic with an expected growth rate estimated in 7% to
GDP growth rates, reduction of external debt, a 8% of its GDP.
stable exchange rate and low inflation.
Sources: BCRP, Ministry of Economy and Finance (MEF), INEI, International Monetary Fund (IMF)
BACKGROUND INFORMATION
20
Peru's rapid expansion has helped to reduce Gross Domestic Product – GDP (% variation)
the national poverty rate from 48.5% in 10
8.5
2004, to 20.2% of its total population in
8
2019. Extreme poverty declined from 17.4% 5.8
6
to 2.9% over the same period. These results 6.5
6.0 3.3 4.0 4.0
4
are consequences of the consistency in the 2.2
2
economic policies taken by the governments 2.4 2.5
0
that are also reflected in the sustained growth
of the economy. In 2019, Peru accumulated 20
years of continuous GDP growth. It is expected -12 -12.5
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020*
achievements.
*Estimated. Inflation Report of June 2020
Source: BCRP
100
50
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020*
*Estimated
Source: The World Bank
21
Composition of Peru's Gross Domestic Product (GDP) by Economic Sector in Percentage, using the
Economic Structure with a Base Estimate Year of 2007
The country's macroeconomic resilience has the region. Additionally, before the COVID-19
much to do with the competent monetary the fiscal balance remained stable without
and fiscal policy pursued particularly over exceeding the 3% in the last years. The following
the last decade, with falling levels of public charts presents preliminary estimations of the
indebtedness (from 44.7% of GDP in 2004 COVID-19 impacts.
to just 26.8% in 2019), among the lowest of
0
-0.4 -0.2 -0.2
-1
-1.1 -1.3
-2 -1.8 -1.6
-1.9
-2.3 -2.3
-3 -3.0
-4
-5
-6
-7
-8
-9
-10 -9.7
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020*
22
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020*
Non-domestic Domestic
Furthermore, despite the world economy represent approximately 29.6% of Peru's GDP
fluctuations and supply shocks, foreign reserves reaching US$74.3 billion in July 2020.
50 48,816
44,105
40
31,196 33,135
30 27,689
20 17,275
12,631 14,097
10,194
10
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020*
23
The main rating agencies – Standard & Poor's, The country has benefited from a steady
Fitch and Moody's – upgraded Peruvian improvement in its terms of trade since 2000,
sovereign debt to investment grade a decade which has had a positive impact on the trade
ago. Peru also benefits from strengths such balance. Moreover, the country has engaged
as the fairly large size of its market and its in several bilateral and multilateral trade
sophisticated and rather deep financial sector. agreements that have opened new markets for
This has gone hand in hand with trade and its exports.
foreign direct investment (FDI) opening,
operational independence of the central bank, In 2019, Peru's total exports reached US$47.7
and maximization of the revenues from the billion. The trade balance recorded a surplus of
country's rich natural and mineral resources, US$6.6 billion and US$7.2 billion in 2018.
with expenditures keeping pace. Among the
countries that invest the most in Peru are Although the external sector's contribution to
Spain, the United Kingdom, the United States economic growth has been diminishing, exports
and Chile. Nearly a quarter of the total FDI is have remained strong. Increased output of
attracted by the mining sector and nearly half is minerals, especially copper, allowed for the
split among the financial, communications and surge in exports in 2019. The main detraction
energy sectors. from the external sector's contribution to
growth stemmed from increasing imports,
As a country endowed with natural resources, although capital goods imports have remained
Peru exports goods that are highly subject to at healthy levels. Peru's imports are mainly
price volatility, whereas it imports industrial composed of final and intermediate goods, as
goods, prices of which are less volatile. opposed to exports, in which minerals and ores
account for most overseas sales.
27.1 28.8
30
21.0
20
9.2
10 7.0 6.4 6.7 7.2 6.6 5.5
6.1
1.9
0.5
0
-1.5 -2.9
-10
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020*
24
According to preliminary information published
by the Central Reserve Bank, Peru's economy
will decrease in 2020 because of the impact of
COVID-19. However, the economy is expected
to remain on a solid footing in 2021, as
internal and external demand will stimulate
Peruvian production and exports, and
government's efforts to cut red tape should
boost private investment. As in past external
economic crises and recession episodes
where Peru has recovered rapidly its growth
path, the country stands out for its sufficient
macroeconomic stability and strength to face
the health and economic crisis. Proof of this
has been the considerable economic rescue
package for enterprises and families, one of
the largest among the countries in the region,
to revive the economy and ensure health
attention to the population.
BUSINESS
25
ENVIRONMENT
BUSINESS ENVIRONMENT
1
26
28
29
30,000
Venezuela
31,066
Argentina
2,331
Latin America
15,000 521
Mexico
506
Brazil
6,000 355
Colombia
272
3,000 Chile
200
Peru
169
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020*
*Figures as at July 2020
Source: BCRP
2.2
Peru 1.9
1.8
3.7
Brazil 4.3
1.9
2.1
Chile 3.0
2.8
4.8
Mexico 2.8
2.8
3.2
Colombia 3.8
2.9
8.0
Uruguay 8.8
10.9
2 4 6 8 10 12
Dec 2018 Dec 2019 May 2020
3
30
CONDITIONS
Foreign investors with the right to obtain legal
and tax stability are those willing to invest in
Peru for a period of no less than two years and
FOREIGN INVESTMENT LEGISLATION AND for a minimum amount of US$10 million in the
TRENDS IN PERU Mining and/or Hydrocarbons sectors, or US$5
million in any other economic activity.
Peru seeks to attract both domestic and foreign
investment in all sectors of the economy. To Peru's laws, regulations, and practices do not
achieve this, it has taken the necessary steps discriminate between domestic and foreign
to establish a consistent investment policy that corporations. There are no restrictions on
eliminates any barriers that foreign investors repatriation of profits, international transfers
may face. As a result, Peru is considered a of capital, or foreign exchange practices. The
country with one of the most open investment remittance of interest and royalties is also not
systems in the world. restricted in any way. Foreign currency may
be used to acquire goods abroad or cover
Peru has adopted a legal framework for financial obligations as long as the operator is
investments that requires no previous in compliance with the relevant Peruvian tax
authorization for foreign investment. In this legislation.
regard, foreign investments are allowed without
restrictions in the large majority of economic As a result, Peru's Central Bank reported that
activities. The activities with restrictions are the stock of Foreign Direct Investment (FDI)
very specific, such as air transportation, sea inflow reached US$8.8 billion in 2019. FDI
transportation, private safety and surveillance is concentrated in mining, communications,
and the manufacture of war weaponry. finance, manufacturing and energy.
Additionally, Peru has a legal framework to
protect the economic stability of investors
and to reduce government interference in
economic activities (See more in section 4.1).
15,000 13,622
9,826
10,000 8,455 8,314 8,892
7,682
6,431 6,739 6,860 6,488
5,000 3,930
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
Source: BCRP
BUSINESS ENVIRONMENT
31
Foreign direct investment (FDI) is largely Foreign Direct Investment by Industry 2019
seen as a catalyst for economic growth in the
future. The United States, United Kingdom, Mining Others
The Netherlands, Spain, Brazil and Chile 23% 5%
appear as Peru's leading investors. FDI is
Comunication Commerce
concentrated in the mining, financial, electricity, 20% 3%
telecommunications, and industry sectors.
Finance Petroleum
18% 3%
RECOGNITION OF FAVORABLE INVESTMENT
CLIMATE Energy Services
13% 3%
32
Also, according to Doing Business 2020, Peru
ranks 76th out of 190 countries in terms of
ease of starting a company and doing business
and ranks sixth in Latin America.
33
Summary of Doing Business Indicators
4
34
Furthermore, the 2020 Index of Economic
Freedom prepared by The Heritage Foundation, TRADE
Peru ranks among the top countries in the
region. This index is elaborated by an analysis of AGREEMENTS
the financial, investment, trade, monetary, labor
and business freedom. It also evaluates fiscal Peru's development strategy is based on an
health, government expending, tax burden, economy opened to the world and competitive
government integrity, judicial effectiveness and in its export offer. It has been a successful
property rights. strategy that has permitted the country to
consolidate its foreign trade in goods and
services as an instrument for economic
Doing Business in Latin American Countries
development and the reduction of poverty.
South
World
Economy American Total Score International trade negotiations, which have
Ranking
Ranking benefited from rigorous macroeconomic
Singapore 1 - 89.4 management and its consequent stability,
China, have allowed the Peruvian economy to
2 - 89.1
Hong Kong gradually tackle and reduce its external
New vulnerability in times of crisis such as in the
3 - 84.1
Zealand current international and local situation.
Canada 9 - 78.2 Trade agreements are a valuable instrument
Chile 15 1 76.8 for attracting direct foreign investment and
Colombia 45 2 69.2 boosting increased productivity in companies,
Uruguay 47 3 69.1 as well as the transfer of technology through
Peru 51 4 67.9 the lower cost of imports of capital goods and
quality inputs; these agreements provide an
Mexico 67 - 66
incentive to the processes of convergence of
Paraguay 80 5 63
international standards, which has enabled
Brazil 155 6 53.7
more Peruvian companies to improve their
Argentina 149 7 53.1
management and logistics practices.
Ecuador 158 8 51.3
Bolivia 175 9 42.8 Peru is a member of the World Trade
Venezuela 179 10 25.2 Organization since 1995 and in 1998 became
Source: The Heritage Foundation a member of the Asia Pacific Economic
Cooperation (APEC) forum. In 2011 formed
the Pacific Alliance with Chile, Colombia and
Mexico. It is also a member country of the Latin
American Integration Association (ALADI) and a
State Member of the Southern Common Market
(MERCOSUR). Peru has begun following a
Country Program in its process of incorporation
to the Organization for Economic Cooperation
BUSINESS ENVIRONMENT
35
and Development (OECD). This represents a Settlement of Investment Disputes (ICSID) of
key tool for Peru for the success of the strategy the World Bank as an alternative for resolving
and the process directed at succeeding with the disputes that might arise between investors
entry of Peru in said organization. covered by the ICSID and the Peruvian State.
Additionally, eight agreements have been
Nowadays, Peru has 32 Bilateral Investment signed to avoid double taxation with Chile,
Treaties (BIT) with Argentina, Australia, Bolivia, Canada, the Andean Community of Nations
Canada, Chile, China, Colombia, Cuba, Czech (CAN), Brazil, Mexico, South Korea, Switzerland
Republic, Denmark, Ecuador, El Salvador, and Portugal. In 2019, Peru also signed a
Finland, France, Germany, Italy, Japan, double tax treaty with Japan, which still needs
Malaysia, Netherlands, Norway, Paraguay, to be ratified by both contracting states to enter
Portugal, Romania, Singapore, Republic of in force (See more in section 7.2).
Korea, Spain, Sweden, Switzerland, Thailand,
the Belgium-Luxembourg Economic Union,
United Kingdom and Venezuela.
Additionally, Peru has in force 14 Free Trade
Agreements and Economic Integration
Agreements (FTA & EIA) with Canada, Costa
Rica, European Free Trade Association (EFTA),
the European Union, Japan, Panama, Australia,
Chile, China, Honduras, Republic of Korea,
Mexico, Singapore and the United States.
POTENCIAL
INFRASTRUCTURE POTENCIAL
1
37
Healthcare 17,796
Infrastructure Gap – Short Term
(in US$ millions) Water 7,347
Telecommunication 6,175
It has been calculated considering a five years
horizon, at approximately US$35 billion,
Hydraulic 4,432
distributed among the following sectors:
transport (31%), sanitation (25%), healthcare Electricity 2,139
(24%), telecommunications (10%), hydraulic
(6%) and water (5%). Education 1,793
13,000
39,000
26,000
52,000
Transport 10,900
Sanitation 8,733
Telecommunication 3,682
Hydraulic 2,024
Water 1,824
2,000
4,000
6,000
8,000
10,000
12,000
https://www.mef.gob.pe/contenidos/inv_privada/planes/PNIC_2019.pdf
2 Exchange rate: US$1 = S/3.3, according to the National Infrastructure Plan for Competitiveness.
INFRASTRUCTURE POTENCIAL
2
38
Departamental 27,506
1. ROADS
National 27,110
Peru has a total of 168,474 km of roads,
distributed among the local road system
Source: Ministry of Transport and Communications (2018)
(67.6%) with a total of 113,858 km,
departmental roads (16.3%) with a total of
27,506 km and national roads (16.1%) with a Paved and Unpaved Roads (in Kilometers)
total of 27,110 km.
Local 1,859 111,999
In particular, 79% of the national roads
(21,434 km) are paved, while only 13.17% Departamental 3,623 23,882
(3,623 km) and 1.63% (1,859 km) of the
21,434
departmental and local roads, respectively, National 5,676
are paved.
40,000
20,000
60,000
80,000
100,000
120,000
In total, 141,557 km of roads are unpaved
by 2018, which represents 86% of all existing
roads. This situation explains part of the Paved Unpaved
transport infrastructure gap previously Source: Ministry of Transport and Communications (2018)
shown, which has to be solved through public
and private investment.
https://www.ositran.gob.pe/carreteras/
INFRASTRUCTURE POTENCIAL
39
2. RAILWAYS supervised by OSITRAN4. However, Line 2
–first fully underground metro project– is not
Peru has a total of 1,939.7 km of railways, counted yet, because it is currently under
grouped by ownership regime in Railway construction. Line 2 includes an extension of
Concessions (78%) with a total of 1,512.4 35 km and 35 stations.
km, followed by Private Railways (12.3%)
with a total of 238.6 km and State Operated Additionally, of the State Operated railways,
Railways (9.73%) with a total of 188.7 km. 128 km represent the Huancayo-Huancavelica
Railway Project, which has been included in
Railways by Property Regime (in Kilometers) the PPP project pipeline.
33
Concessions 990
490
1,000
1.200
800
600
200
400
https://www.ositran.gob.pe/vias-ferreas/
INFRASTRUCTURE POTENCIAL
40
3. AIRPORTS In 2019, passengers traffic amounts 38.1
million people, of which LAP represents
Peru has a total of 35 airports. Our main 61.1%, followed by ADP with 17%, AAP with
airport the "Jorge Chávez International 9.4% and CORPAC with 12.5%.
Airport" in Lima, has been granted in
concession to Lima Airport Partners (LAP), Peru has eighteen (18) airports granted
currently owned by Fraport AG (80%) and in concession and seventeen (17) airports
International Finance Corporation (IFC) of that are currently operated by CORPAC
the World Bank (20%). There are two more (government entity). From these government
concessions, 12 regional airports as part operated airports, eight (8) airports will be
of the "First Group of Regional Airports" granted in concession as part of the “Third
that were awarded to Aeropuertos del Perú Group of Regional Airports”5. In addition,
(ADP), and 5 regional airports as part of the Cusco city airport operated by CORPAC,
"Second Group of Regional Airports" that will be replaced by the Chinchero
were awarded to Aeropuertos Andinos del International Airport, currently under
Perú (AAP). At last, there are 17 airports construction through the Government-to-
operated by CORPAC, the government entity Government mechanism.
in charge of airport operations in Peru.
CORPAC 4.8 17
5 10 15 20 25
https://www.proinversion.gob.pe/ipctransportes/docs/Teaser-AEROPUERTOS.pdf/
INFRASTRUCTURE POTENCIAL
41
4. PORTS 5. WATER AND SANITATION
Small 20
General San Martín
1,575
Port Terminal
Medium 12
Matarani Port Terminal 6,443
Big 17
Shipment Terminal for
2,992
Mineral Concentrates
SEDAPAL 1
Container Terminal 15,040
Muelle Sur - Callao
5
10
20
15
19,134
Terminal - Callao
Source: National Superintendence of Sanitation Services
16,000
12,000
20,000
(2018)
4,000
8,000
https://www.ositran.gob.pe/puertos/
7 Private Investment Promotion Agency. ProInversión.
https://www.proyectosapp.pe/modulos/JER/PlantillaProyectosResumenes.aspx?are=1&prf=2&jer=5961&sec=30
INFRASTRUCTURE POTENCIAL
42
The company with the highest coverage RURAL AREAS
of drinking water by area of influence is
SEDAPAL with 92.5% in Lima in 2018. On There are 450 Community Organizations
the other hand, medium-sized companies that provide water service and are grouped
have an average coverage of 79.2%. according to ownership into Community
Organizations (319), Municipal Providers
In summary, the national average for water (107) and Specialized Operators (9).
coverage is 89.9%, while for sewerage
coverage is 83.8%. Number of Organizations
Specialized
Drinking Water Coverage Operators
9
Municipal
107
Small 84.7% Providers
Community
319
Medium 79.2% Organizations
100
300
200
400
Big 89.3%
43
6. HEALTHCARE 56% of beds are found in hospitals of
the Ministry of Health and Regional
The Health infrastructure is made up of Governments, 19% in EsSalud and the
Hospitals (3%), Health Centers (12%), Health remaining 26% as part of Other institutions
Posts (42%), Specialized Institutes (0.1%) and such as private clinics.
Medical and dental offices (42%).
Peru has 16 beds for every 10,000
Number of Health Establishments habitants.
7,500
5,000
Others
13,195
institutions
ESSALUD 9,640
MINSA y GR 28,493
20,000
10,000
30,000
8 EsSalud.
http://www.essalud.gob.pe/asociacion-publico-privada-contratos-vigentes/
INFRASTRUCTURE POTENCIAL
44
7. TELECOMMUNICATIONS 8. IRRIGATION
On average, 90.9% of households nationwide Peru has 7.1 million hectares of agricultural
have at least one member who owns a land, of which 36.2% are under irrigation
telephone, while within Lima Metropolitan and 63.8% are rainfed crops. Only 0.5% of
Area 95.1% and in the rest of the country agricultural land with irrigation is done with
89%. agricultural technification, 12,542 hectares.
Households with at Least One Member Who Agricultural Area (in millions ha)
has a Telephone
Total area 7.1
National
90.9%
total Area under 2.6
Metropolitan
95.1% Area
Lima 4.5
rainfed
Rest of
89.0%
country 2 4 6 8
Source: National Institute of Statistics and Informatics – Source: National Institute of Statistics and Informatics –
INEI (2018) INEI (2018)
Households that Access the Internet Service Regarding private participation, Peru has
experience in the development of irrigation
National system projects such as the Chavimochic
29.8%
total project, and promoted the development of
Metropolitan
54.2%
Olmos and Majes – Siguas projects which
Lima
include the water transfer for hydroelectric
Rest of
18.7% and irrigation purposes (new agricultural
country
land). Additionally, Peru has also developed
irrigation projects under the Works for Taxes
Source: National Institute of Statistics and Informatics –
INEI (2018) mechanism.
45
9. POWER 10. EDUCATION
Total electric energy production is estimated In the education sector, the rate of non-
at 54,883 GWh. enrolled students of regular basic education
for 2018 was 8% for initial education,
Energy production in Peru is mainly made up 6.4% for primary education and 14.8% for
of Hydraulic Production (56%) and Thermal secondary education.
Production (40%).
Non Enrolled Rate
Production of Electrical Energy (GWh)
Initial
8.0%
education
Primary
6.4%
Hydraulics Wind education
30,730 1,494 Secondary 14.8%
education
Thermal Solar
21,912 745
Source: Ministry of Education – MINEDU (2018)
National Initial
95.3% 89.7%
total education
Urban Primary
98.7% 94.9%
area education
Rural Secondary 89.9%
83.6%
area education
Source: National Institute of Statistics and Informatics – Source: National Institute of Statistics and Informatics,
INEI (2018) Ministry of Education (2018)
46
In recent years, Peru has been structuring regarding Schools at Risk (CER), which are
Public-Private Partnerships (PPP) projects, being proposed to be developed under the
seeking to improve infrastructure in the same mechanism. Both COAR and CER
sector and educational quality. Currently, the projects are included in the PPP pipeline.
Ministry of Education is developing projects
such as High-Performance Schools (COAR) Additionally, Peru has developed many
for students in the 3rd, 4th and 5th year of education projects under the Works for Taxes
secondary education. This COAR schools mechanism, mainly schools' construction,
are currently administered by the National ranking as one of the most important sectors
Government. In addition, there are projects for this mechanism by investment amount.
INFRASTRUCTURE POTENCIAL
3
PRIVATE
47
INVESTMENT IN
INFRASTRUCTURE
1. PERUVIAN EXPERIENCE IN PUBLIC-
PRIVATE PARTNERSHIP (PPP)
20
15
12 12
11
10
10 9 8
7
5 6
5 4
2
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
Source: ProInversión, EsSalud (2019)
9,979
10,000
8,000
6,000 4,543
3,949
4,000
2,101 2,051
1,619
2,000 671 926 789
912 528 346
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
9 This includes also the Project in Assets mechanism, which according to Peruvian PPP Law is not a PPP but is also a private
investment mechanism.
INFRASTRUCTURE POTENCIAL
48
As shown in the previous graphs, 2014 Investment Amount by Sectors
was an important year by investment 2008 - 2019 (in US$ millions)
commitment, because it included the
awardee of two important projects: Line 2 of
the Lima and Callao Metro System and the Penitentiary 4
Port 1,442
Transport 7,681
2. PERUVIAN EXPERIENCE IN "WORKS
FOR TAXES" Telecom 5,304
6,000
9,000
been awarded under the Works for
Taxes mechanism for a total amount of
Source: ProInversión, EsSalud (2019)
US$1.4 billion.
600 100
Millions US$
Projects
76 72
500 80
54 56
60
400 42
33 26 40
300 19 248 271
7 9 20
2 6 206
200 157 145 166
115
0
87 64
100 -20
3 19
2
-40
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
Investment #Projects
49
During such period, the amounts awarded At the regional level, Ancash is the main
in Transportation and Education projects region by investment executed, with a total
totaled more than US$404 million within of US$258 million, followed by Piura with
67 projects and US$398 million within US$186 million and Arequipa with US$185
132 projects, respectively. There are also million. The following graph shows that the
other important sectors such as Sanitation, Works for Taxes mechanism has allowed the
Healthcare and Security. In overall terms, development of projects in new sectors such
this information shows how Works for Taxes as Security, Irrigation, Commerce, among
represent an important mechanism to others, for the benefit of the population
promote the economic development of the of each region. One of the most important
country through local projects. benefits of this mechanism, is that it
enhances transparency in the execution of
public investment in regional and local areas.
Ayacucho 2
59
Others 22 Lima Metropolitana 3
Tumbes 5
22
Culture 9 Apurímac 10
Huancavelica 12
142
Healthcare 13 Callao 15
Lambayeque 19
41
Irrigation 24 Huánuco 25
Junín 28
219
Sanitation 49 Cajamarca 31
Ucayali 35
404 Puno 36
Transport 67
Loreto 38
Urban 63 Pasco 40
Transport 41
Lima 48
Commerce 8 35 La Libertad 81
Ica 93
Tacna 102
Amusement 58
Moquegua 104
94 Cusco 127
Security 29
Arequipa 185
200
300
50
150
250
350
450
50
3. PERUVIAN EXPERIENCE IN GOVERNMENT
TO GOVERNMENT AGREEMENTS
10 BCRP.
https://www.bcrp.gob.pe/docs/Publicaciones/Reporte-Inflacion/2018/junio/ri-junio-2018-recuadro-4.pdf
11 El Peruano Newspaper.
https://elperuano.pe/noticia-el-peru-y-reino-unido-firman-acuerdo-para-ejecucion-obras-reconstruccion-97623.aspx
12 El Peruano Newspaper.
https://www.elperuano.pe/noticia-peru-y-francia-firman-contrato-para-mejorar-hospitales-antonio-lorena-cusco-y-sergio-
bernales-98858.aspx
13 Peru Government.
https://www.gob.pe/institucion/mtc/noticias/61363-firma-de-contrato-entre-peru-y-corea-para-la-construccion-del-
aeropuerto-de-chinchero-marca-un-punto-sin-retorno
INFRASTRUCTURE POTENCIAL
51
4. INFRASTRUCTURE BUSINESS CASES 1. Line 1 of Lima and Callao Metro System
Considering Peruvian PPP experience, it is Line 1 of Lima and Callao Metro System
worth including some business cases to show started operations in January 2012.
how private investments in infrastructure can This 33.1 km urban railway considers 26
have a positive impact in society and improve stations and goes through nine districts:
the quality of life of Peruvian people. Villa El Salvador, Villa María del Triunfo,
The following 3 projects are presented San Juan de Miraflores, Santiago de
as examples of good performance and Surco, San Borja, La Victoria, Cercado
management within the transport, water and de Lima, El Agustino and San Juan de
sanitation, and tourism sectors. Lurigancho. Additionally, according to
the Electric Train Autonomous Authority
(AATE) Line 1 works with electric power,
so it does not emit greenhouse gases,
reducing more than 32,000 tons of
carbon dioxide per year14.
https://portal.mtc.gob.pe/logros_metros.html#:~:text=La%20L%C3%ADnea%201%20ha%20permitido,dos%20horas%20
a%2054%20minutos.
15 According to Ipsos (2019), from citizens point of view, this is the third worst problem, after the i) lack of public safety and
52
180,000 170,299
94.1%
160,000
140,000 124,118
107,228
120,000 107,070 107,510
100,000
50.2%
80,000 71,274
37.2%
60,000
36,726
40,000 32,923
15.4%
20,000 11.6%
0.0% 0.1% 0.3%
2012
2013
2014
2015
2016
2017
2018
2019
Number of passengers Var. %
Source: OSITRAN (2019)
In February 2015, GyM Ferrovías, the In a second operation in August 2017, the
concessionaire of the Line 1 of Lima and project borrowed US$316 million from the
Callao Metro System issued S/629 million Japanese financial institutions Mizhuho
(around US$185 million) in bonds. The Bank and Sumitomo Mitsui Banking for
funds obtained were used to repay the 16 years, which were backed by the
debt that resulted from the acquisition securitization of the payments guaranteed
of trains and construction of the metro's by the Peruvian government17. This loan
maintenance workshop. The issuance's allowed the concessionaire to continue
tenor was of 25 years, at an annual rate with civil works in five stations and
of 4.75%16. According to public sources, the acquisition of new rolling stock. In
the main participants were insurance addition, theses financial entities provided
companies and local pension funds. a revolving credit facility of US$80 million,
The structuring agents of the issuance for 3 years.
were CAF, the Development Bank of
Latin America, which offers financial In sum, having appropriate financial
consultancy services including the guarantees improves access to financing
structuring of financing operations for and better financing conditions, which
infrastructure projects in the region, and can be transferred to end-users in a
BNP Paribas. competitive bid and by an appropriate risk
assignment mechanism.
16 CAF.
https://www.caf.com/en/currently/news/2015/02/successful-financing-operation-for-line-1-of-lima-s-metro/
17 LEXLATIN.
https://lexlatin.com/noticias/gym-ferrovias-obtiene-financiamiento-por-usd-316-millones-para-ampliacion-de-la-linea-1
INFRASTRUCTURE POTENCIAL
53
2. La Chira and Taboada Wastewater wastewater of 27 districts of Lima and
Treatment Plants Callao19 20.
Volume of collected and treated wastewater in Peru, 2018 (in thousands of cubic meters)
18 GYM.
https://www.gym.com.pe/nuestros-proyectos/proyecto/proyecto-ptar-la-chira
19 Grupo Cobra.
https://www.grupocobra.com/proyecto/planta-potabililzadora-aguas-residuales-ptar-taboada/
20 SEDAPAL.
http://www.sedapal.com.pe/c/document_library/get_file?uuid=f6b973fb-e639-4be2-9945-
9513cd2ee05c&groupId=124379606
INFRASTRUCTURE POTENCIAL
54
13.4 14.6
15.0 12.7
10.0
5.0 3.1
0.0%
2012
2013
2014
2015
2016**
2017
2018
2019
Wastewater treatment % of treatment of La Chira and Taboada
21 SEDAPAL - BVL.
https://www.bvl.com.pe/inf_corporativa70340_U0VEQVBCQzE.html
* Taboada wastewater treatment plant started operations in 2013.
** La Chira wastewater treatment plant started operations in 2016.
22 Moody's Local.
https://www.moodyslocal.com/resources/res-documents/pe/ratings/lachiraset19.pdf
23 Latin Finance.
https://www.latinfinance.com/daily-briefs/2011/3/15/taboada-raises-wastewater-abs
INFRASTRUCTURE POTENCIAL
55
3. Kuelap Cable Cars
80,000 53.9%
56,010
60,000
40,146
33,495 36,385
40,000 19.9%
7.0%
20,000 0.0%
-5.4%
-9.4%
2013
2014
2015
2016
2017
2018
2019
24 MINCETUR.
https://www.mincetur.gob.pe/turismo/proyectos-de-asociaciones-publico-privadas-app-2/telecabinas-de-kuelap/
INFRASTRUCTURE POTENCIAL
4
56
CLOSING GAPS
the Public Private Partnerships mechanism
includes a total of 22 projects distributed
in different sectors with a total estimated
Seeking to close the existing infrastructure gap, investment of US$5.9 billion25. The main
Peruvian government has developed different sectors by investment amount are Transport
mechanisms to promote and incentive private (3 project), Water and Sanitation (3 projects),
investment in infrastructure projects. Real Estate (1 project), Education (5 projects)
and Energy (6 projects).
Through these mechanisms, diverse
infrastructure projects have been implemented, Project Pipeline Investment Amount
including a vast number of sectors, different by Sector (in US$ millions)
levels of competency (local, regional or national
projects) and amount of investment (big, Mining 350
medium or small size); having in common their
positive impact on the quality of life of Peruvian Real Estate 650
Telecommunication 291
Transport 2,561
1,000
2,000
3,000
https://www.proyectosapp.pe/RepositorioAPS/1/2/JER/PROJECT_PRESENTATION/2020/Cartera-Proyectos-2108-ENG.pdf
INFRASTRUCTURE POTENCIAL
PUBLIC-PRIVATE
PARTNERSHIPS 57
(PPPs) PROJECT
PIPELINE
For the 2020-2021 period, 22 projects
are being promoted, with an estimated
investment amount of US$5.9 billion.
TRANSPORTATION
2 Road projects
ENERGY
5 Electricity projects
1 Hydrocarbons
project Ucayali
Áncash
WATER AND SANITATION
Pasco
3 projects
EDUCATION Junín
Madre de Dios
Lima
5 projects
2 projects
Apurímac
Ica Puno
TELECOMMUNICATION
Ayacucho
1 project
REAL ESTATE
1 project
MINING
1 project
58
RETURN
TRANSPORT (RAILWAY)
"HUANCAYO - HUANCAVELICA" RAILWAY
It contemplates the integral rehabilitation
of the Huancayo - Huancavelica railway,
including the design, financing, execution of
works, acquisition of rolling stock, operation
and maintenance.
• INVESTMENT US$ MM
232
• TERM
30 years
• MODALITY
Co-financed Public Initiative
• STAGE
Transaction
• REGIONS
Junín, Huancavelica
• MORE INFORMATION
Go to the webpage
INFRASTRUCTURE POTENCIAL
59
RETURN
TRANSPORT (ROADS)
PERIPHERAL RING ROAD LIMA - CALLAO
It contemplates the design, construction,
operation and maintenance of a highway that
crosses 11 districts of the city of Lima, from the
intersection with Av. Elmer Faucett with
Av. Canta Callao to Av. Circunvalación.
• INVESTMENT US$ MM
2,049
• TERM
30 years
• MODALITY
Co-financed Privated Initiative
• STAGE
Structuring
• REGIONS
Lima, Callao
• MORE INFORMATION
Go to the webpage
60
RETURN
61
RETURN
62
RETURN
ENERGY (HIDROCARBONS)
MASSIFICATION OF THE USE OF NATURAL
GAS FOR CENTRAL AND SOUTHERN PERU
It contemplates the design, financing,
construction, operation, maintenance of natural
gas distribution systems by pipeline network in
07 regions of the center-south of the country,
which will be transferred to the Peruvian State
after the concession period.
• INVESTMENT US$ MM
200
• TERM
32 years
• MODALITY
Self-financed Public Initiative
• STAGE
Transaction
• REGIONS
Ucayali, Junín, Cusco, Huancavelica,
Ayacucho, Apurímac, Puno
• MORE INFORMATION
Go to the webpage
INFRASTRUCTURE POTENCIAL
63
RETURN
64
RETURN
65
RETURN
SCHOOLS AT RISK
(COLEGIOS EN RIESGO - CER)
LIMA METROPOLITANA
It includes the construction, equipment,
operation of complementary services and the
maintenance of infrastructure, furniture and
equipment of schools - Projects 13.
• INVESTMENT US$ MM
227
• TERM
20 years
• MODALITY
Co-financed Privated Initiative
• STAGE
Formulation
• REGIONS
Lima
• MORE INFORMATION
Go to the webpage
SCHOOLS AT RISK
(COLEGIOS EN RIESGO - CER) ATE AND
SAN JUAN DE LURIGANCHO DISTRICTS
It includes the construction, equipment,
operation of complementary services and the
maintenance of infrastructure, furniture and
equipment of schools - Projects 14.
• INVESTMENT US$ MM
148
• TERM
25 years
• MODALITY
Co-financed Privated Initiative
• STAGE
Formulation
• REGIONS
Lima
• MORE INFORMATION
Go to the webpage
INFRASTRUCTURE POTENCIAL
66
RETURN
SCHOOLS AT RISK
(COLEGIOS EN RIESGO - CER) COMAS AND
SAN MARTÍN DE PORRES DISTRICTS
It includes the construction, equipment,
operation of complementary services and the
maintenance of infrastructure, furniture and
equipment of schools - Projects 9.
• INVESTMENT US$ MM
95
• TERM
25 years
• MODALITY
Co-financed Privated Initiative
• STAGE
Formulation
• REGIONS
Lima
• MORE INFORMATION
Go to the webpage
SCHOOLS AT RISK
(COLEGIOS EN RIESGO - CER)
VILLA MARÍA DEL TRIUNFO DISTRICT
It includes the construction, equipment,
operation of complementary services and the
maintenance of infrastructure, furniture and
equipment of schools - Projects 5.
• INVESTMENT US$ MM
72
• TERM
19 years
• MODALITY
Co-financed Privated Initiative
• STAGE
Formulation
• REGIONS
Lima
• MORE INFORMATION
Go to the webpage
INFRASTRUCTURE POTENCIAL
67
RETURN
68
RETURN
HEALTHCARE
HIGH COMPLEXITY HOSPITAL - CHIMBOTE
The project includes the design, construction,
equipment, and maintenance and operation of
complementary (nonclinical) services of a high-
complexity hospital of ESSALUD – Social Health
Insurance, in Chimbote, Ancash, that will provide
clinical services to almost 230,000 insured
people of the region.
• INVESTMENT US$ MM
110
• TERM
17 years
• MODALITY
Co-financed Public Initiative
• STAGE
Structuring
• REGIONS
Áncash
• MORE INFORMATION
Go to the webpage
69
RETURN
TELECOMMUNICATIONS
RADIO SPECTRUM BANDS:
1. 1750 - 1780 MHZ, Y 2150 - 2180 MHZ
2. 2300 - 2330 MHZ
The development of mobile broadband systems
in thought the country, for technologies such as
4G, 5G, or higher. The AWS-3 and 2.3 GHz bands
will allow to offer better coverage characteristics
and greater data capacity.
• INVESTMENT US$ MM
291
• TERM
20 years
• MODALITY
Asset project Public Initiative
• STAGE
Formulation
• REGIONS
Nationwide
• MORE INFORMATION
Go to the webpage
INFRASTRUCTURE POTENCIAL
70
RETURN
REAL ESTATE
ANCÓN INDUSTRIAL PARK
The Ancón Industrial Park will be a modern
space for industrial companies of different
scale, which will operate under international
standards, and will be constituted as the new
industrial development center in the northern
area of Lima, and a benchmark for innovation,
modernity, technology, sustainability,
entrepreneurship and development. In the
process of approval, the signing of a Cooperation
Agreement with the Ministry of Production to
start structuring the project.
• INVESTMENT US$ MM
650
• TERM
30 years
• MODALITY
Asset project Public Initiative
• STAGE
Structuring
• REGIONS
Lima
• MORE INFORMATION
Go to the webpage
INFRASTRUCTURE POTENCIAL
71
RETURN
MINING
EL ALGARROBO - PIURA MINING PROJECT
Exploration, exploitation through an
underground mine and the benefit of a
mineralized deposit located in the mining
concessions Tambo Grande N° 4, Tambo Grande
N° 5, Tambo Grande N° 9 and Tambo Grande
N°10, which make up the “El Algarrobo Project“.
Design and execution of hydraulic infrastructure
projects, applying a management model focused
on the integral, sustainable and sustainable
development of mining activities, contributing to
the water supply to the populations.
• INVESTMENT US$ MM
350
• TERM
5 years
• MODALITY
Asset project Privated Initiative
• STAGE
Formulation
• REGIONS
Piura
• MORE INFORMATION
Go to the webpage
INFRASTRUCTURE POTENCIAL
72
2. WORKS FOR TAXES PIPELINE The regions with the highest estimated
investment in Works for Taxes pipeline are
The projects pipeline under the Works for Ancash with US$723 million within 40
Taxes mechanism has a total of 461 projects projects, Cusco with US$438 million within
distributed in different sectors with a total 111 projects, Piura with US$200 million
investment of US$2.8 billion. The five main within 22 projects, Ayacucho with US$157
sectors are Education (162 projects), Health million within 157 projects and Lima with
(48 projects), Transport (43 projects), US$151 million within 25 projects.
Sanitation (42 projects) and Energy (42
projects)26.
Investment by Region (in US$ millions)
Tumbes (16) 30
Housing and Urban 21
1 Tacna (5)
Development (1)
San Martín (7) 33
Tourism (16) 41
Puno (13) 91
Transport (43) 556 Piura (22) 200
Amazonas (5) 60
http://www.proinversion.gob.pe/oxi2020/
INFRASTRUCTURE POTENCIAL
73
It should be noted that for August 2020 Investment by Sectors (in US$ millions)
there are 37 projects, with an estimated
investment of US$150 million, expected to
be awarded in 2020. Environment (1) 6
Sport (1) 0
The regions with the highest estimated
investment in Works for Taxes pipeline are Sanitation (3) 3
Madre de Dios with US$22 million within 1
project, Loreto with US$22 million within Healthcare (1) 7
2 projects, Apurímac with US$18 million
within 1 project, Lima with US$18 million Transport (43) 27
Education (14) 86
100
Source: ProInversión (2020)
Piura (4) 7
Moquegua (2) 6
Tumbes (2) 8
Junín (2) 2
Cusco (3) 5
Ica (4) 9
Huánuco (1) 7
La Libertad (5) 10
Ucayali (2) 13
Lima (8) 18
Apurímac (1) 18
Loreto (2) 22
PIPELINE
For the 2020 period, 37 projects are
being mainly promoted with an estimated
investment amount of US$150 million.
Tumbes
Loreto
TRANSPORTATION
2 projects Piura
SPORT
1 project
HEALTHCARE
Junín
1 project
Lima Madre de Dios
PUBLIC ORDER /
SECURITY Cuzco
9 projects
Apurímac
Ica
ENVIRONMENT
1 project
75
List of Work for Taxes Projects Portfolio that 3. GOVERNMENT TO GOVERNMENT PIPELINE
can be awarded in 2020
As announced in President Martín Vizcarra's
Investment # National Independence Day holiday
Institution
(US$) Project speech, the Government-to-Government
MINEDU 63,209,336 3 mechanism will be used for the development
MININTER 18,061,425 8 of emblematic infrastructure projects. The
Municipalidad approximate investment commitment is
11,885,993 1
Provincial de Atalaya estimated at US$12 billion.
Gobierno Regional
9,942,903 5
de La Libertad
Government to Government Pipeline
MINSA 7,353,543 1
Gobierno Regional Estimated
6,909,135 1 Project Sector Location Investment
de Ica
Municipalidad US$ MM
Provincial de la 2,481,180 1 Line 3 and
Convencion 4 of the Lima
Transport Lima 8,501
Municipalidad Distrital and Callao
2,060,926 1 Metro
de Lucre
Municipalidad Distrital Improvement
2,031,325 2 of the central
de El Carmen
Municipalidad highway
Provincial de 1,365,505 1 (section Transport Lima 419
Coronel Portillo Ricardo
Palma Bridge
Universidad Nacional
1,116,068 1 - La Oroya)
del Centro del Peru
24 sanitation
Municipalidad Distrital Sanitation
432,517 1 and drinking
de Sunampe and Peru 1,417
water
Municipalidad Distrital Water
100,992 1 projects
de Cahuapanas
44 Hospitals Health Peru 850
Gobierno Regional
8,447,315 2 75 Schools Education Peru 850
de Tumbes
Municipalidad Total Investment 12,037
6,380,125 2
Provincial de Ilo Source: OSCE, National Independence Day holiday
Municipalidad Distrital speech - July 28, 2020
4,621,474 3
de Tambogrande
MVCS 726,427 1
Municipalidad Distrital
2,144,555 1
de Castilla
Universidad Nacional
Autonoma Altoandina 1,021,780 1
de Tarma
Total 150,292,524 37
Source: ProInversión (2020)
INFRASTRUCTURE POTENCIAL
5
76
FINANCING
required to finance the costs of the project,
which include civil works, procurement
and all initial expenses to accomplish the
1. LOCAL AND INTERNATIONAL PLAYERS obligations of the construction phase.
IN PERU
As mentioned in the previous section, in the
One of the key incentives for governments last few years the Peruvian government has
to promote and develop infrastructure increased the participation of the private
projects through PPP is the possibility of sector in developing infrastructure projects
attracting alternative financing resources through different mechanisms, including
from different sources. The financing PPP. Consequently, both government and
mechanisms most commonly used in PPP private sector understand the dynamics
are 1) government funding or guarantees, of these projects and therefore, most of
2) traditional project finance, or a mixture the requirements demanded by local and
of both. In 1) government participates in international financial entities. Primarily,
funding capital investments or granting some these participants take into consideration
guarantees, among others, to support the the characteristics of the projects and
country's infrastructure development and to the terms, guarantees and risk mitigation
encourage financial institutions to participate mechanisms established in PPP contracts.
in the funding of these projects, while in 2) On the other hand, concessionaires seek
third-party funding is supported by revenues for the best financing conditions available
generated solely by the project's operations. in the market, which will depend also on the
Thus, an evaluation of the project's macroeconomic conditions of the country,
bankability becomes crucial. Either way, a track record on PPPs and financial variables
Special Purpose Vehicle (SPV) is created such as the debt instruments used, interest
exclusively to develop the project, access rate, debt term, currency, among others.
funding and isolate project risks.
Funding infrastructure projects in Peru has
In this context, during the early stages of included the participation of two financing
the structuring phase, to ensure the viability sources:
of the projects it is essential to develop
bankable infrastructure projects that will 1. the traditional financial system, including
have the capacity of attracting capital. In banks, multilaterals and development
addition, it is necessary to carry out market institutions, and
INFRASTRUCTURE POTENCIAL
77
2. the capital market. The chart below arrangers for achieving the financial
presents the financial institutions that closing in PPP projects, for diverse
have participated as direct lenders, sectors, between 2008 and 2019,
mandated lead arrangers and bond according to IJ Global:
78
Regarding the local institutions, the Debt operations used for financial closing
biggest four banks in the country27 have purposes, 2008 – 2019 (in US$ millions)
been involved in these transactions:
Banco de Crédito del Perú (BCP), Banco Bank and
4,142
Internacional del Perú (INTERBANK), BBVA Multilateral loans
and Scotiabank, mostly in Power, Oil & Gas, Commercial
2,141
Water & Sanitation and Transport sectors, Bonds
which includes Ports, Railway and Roads sub- Bridge and
sectors. Multilateral development banks and Revolving Working 410
Capotal Facilities
development institutions such as the Inter-
American Development Bank, International
1,000
2,000
3,000
4,000
5,000
Bank for Reconstruction and Development,
Corporación Andina de Fomento (CAF) and
KfW Development Bank, also played an Source: IJ Global Database
important role in providing financial support
for the development of infrastructure Bank and multilateral loans represent
projects in Peru, specifically in Water & 61.9% of total amount of debt transactions,
Sanitation, and Transport sectors. Likewise, followed by commercial bonds with 32% and
foreign institutions have shown great interest revolving facilities with 6.1%. The distribution
in funding local projects in Power, Healthcare, among sectors is divided as follows:
Water & Sanitation, Telecommunications
and Transport sectors, including American, Sector distribution of financing transactions
European and Asian financial entities. (in percentages %)
27 Estimation according to the amount of total assets of the banking system, calculated by the Peruvian Superintendence of
79
The Transport sector, including railway, roads These investors seek this kind of investment
and ports sub-sectors, represents the highest opportunities to generate long term returns
proportion of debt financing transactions compatible with their objectives.
with 76%, followed by the Power sector (9%),
Water & Sanitation (5%), Telecommunications According to the Superintendence of
(4%), Oil & Gas (3%), Irrigation (2%) and Banking, Insurance and Pension Funds (SBS)
Healthcare infrastructure (1%). of Peru, for 2008 – 2019 period, pension
fund investments in infrastructure projects
These results show the various transactions have increased at a compounded annual
executed by concessionaires for achieving growth rate of 5.3%, which represents the
the financial closing of PPP projects in Peru, interest of these institutional investors in
in the banking system and capital markets. long term moderate risk investments. As
As we know, both markets provide funding of December 31st, 2019, the investment
alternatives with conditions and terms to portfolio in infrastructure projects of local
be evaluated by the SPV in order to find pension funds was worth US$4,349 million,
the best financing options for the projects, which comprises issuances of companies
for the construction (financial closing) and (with infrastructure projects), infrastructure
operation and maintenance activities. For investment funds and infrastructure projects.
instance, the bond market has become an The following charts present the annual
important funding source for infrastructure evolution of the portfolio by sector and sub-
projects in the country, in which pension sector for the period 2008 – 2019:
funds represent one of the key investors.
3,000
2,500
2,000
1,500
1,000
500
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
80
Investment Portfolios of Pension Funds in Infrastructure Projects, 2008 – 2019 (in US$ millions)
Sector /Sub-
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
sector
Telecommu-
575 608 617 598 562 419 270 213 200 218 205 528
nications
Telecommu-
575 608 617 598 562 419 270 213 200 218 205 528
nications
Electric power
379 434 458 399 479 436 496 365 534 553 514 799
distribution
Electric power
667 723 932 829 1,123 1,217 1,407 1,097 1,326 1,523 1,303 1,404
generation
Electric power
86 73 65 66 85 96 122 127 162 148 135 160
transmission
Hydroelectric
power 57 67 65 68 79 66 60 48 51 52 47 48
projects
Hydrocarbon 360 507 569 552 551 313 310 314 211 250 231 296
Power 1,550 1,805 2,089 1,914 2,317 2,127 2,396 1,951 2,283 2,526 2,229 2,706
Roads 433 616 649 648 750 702 878 1,122 1,220 965 867 903
Railway 3 2 3 3 4 4 3 2 2 2 2 -
Airports and
18 53 44 46 80 83 77 66 74 42 48 24
Ports
Transport 453 672 696 697 834 788 959 1,190 1,296 1,009 917 927
Water and
22 10 32 190 270 184 180 146 156 156 140 138
Sanitation
Water and
22 10 32 190 270 184 180 146 156 156 140 138
Sanitation
Healthcare
- - - - 76 69 77 70 66 61 53 50
infrastructure
Healthcare - - - - 76 69 77 70 66 61 53 50
Total 2,601 3,095 3,434 3,398 4,059 3,588 3,882 3,570 4,002 3,970 3,544 4,349
The graphs above show the evolution of important amount invested in electric power
investment in different sectors, led by the Power generation (32.3%) and roads projects
and Transport sectors, which in 2019 both (20.8%). The next chart presents the bond
represented 62.2% and 21.3%, respectively, of issuers as of December 31st, 2019, which
the total portfolio. Regarding the sub-sector include companies, infrastructure investment
distribution, in 2019 pension funds have an funds and infrastructure/PPP projects.
INFRASTRUCTURE POTENCIAL
81
Some of the projects included in this list the Lima Metro – Line 2 (Railway). Therefore,
are: Red Dorsal Nacional de Fibra Optica the information presented show the
(Telecommunications), IIRSA Sur (Roads), important role of pension funds in financing
IIRSA Norte (Roads), Rutas de Lima - Vías infrastructure projects in Peru.
Nuevas de Lima project (Urban Roads) and
INFRASTRUCTURE POTENCIAL
82
2. FINANCIAL CLOSING RECENT The San Martín Port Terminal is a project
SUCCESSFUL EXPERIENCES developed under a self-financed PPP
scheme that includes the design, finance,
In this section, we present two examples of construction, operation and transfer of the
recent successful financing transactions: 1) port, awarded to Consorcio Paracas29 for
the financial closing of the Salaverry Port 30 years, with an estimated investment
Terminal, which has been recently reached in of US$215 million. The concessionaire
2020, and 2) the financial closing of the San presented the required financial closing
Martin Terminal Port, in which EY had the documentation for its approval in February
financial adviser role. 2018. The transaction involved a term
loan of US$183 million provided by Banco
The Salaverry Port Terminal is a self-financed Santander and Corporación Andina de
PPP project that includes the design, finance, Fomento (CAF) in the following terms: a
construction, operation and transfer of term loan of US$41.5 million for 10 years,
the port, which was awarded to Salaverry and two term loans of US$50 million and
Terminal Internacional S.A.28 for 30 years, US$91.50 million for 18 years. In this
with an estimated investment of US$270.1 transaction, EY played a key role as financial
million. The financial closing was achieved advisor in the public bidding process (which
in February 2020 after the approval of resulted in our Client becoming the awardee)
ProInversión of the financing documentation and later seeking the financing. The latter
presented by the concessionaire. The included helping the concessionaire explore
transaction involved a syndicated loan funding alternatives in the market and
of US$132 million for 8 years to finance reaching financial closing with the funding
the construction of the stages 1 and 2 of alternative selected. The evaluation included
the port. The financial institutions who the review of the contract terms, risk analysis
participated in this deal included local and and mitigation mechanisms available, as well
international banks: Banco Santander, Itaú as the development of the project's financial
Corpbanca New York branch and BBVA Perú. model
28 Salaverry Terminal Internacional S.A. is a subsidiary of Trabajos Marítimos S.A. (TRAMARSA), a maritime and port operator
83
In addition, the rules and conditions
established in contracts must provide the
potential lenders with guarantees that ensure
the repayment of the debt obligations and
mechanisms to avoid any interruption in the
operations of the projects, such as the “step-
in rights” regulated in Peruvian PPP Law.
Thus, it is important to ensure an efficient
risk allocation between the parties in order to
avoid problematic situations in the future.
FRAMEWORK
LEGAL FRAMEWORK
1
85
INVESTMENT
to the same conditions. As a consequence
of this constitutional disposition, Peru's
legal provisions, regulations, and practices
Since 1993 the Peruvian government has do not discriminate between domestic and
begun a road to promote the national and foreign corporations.
foreign private investment. This road starts
with our Political Constitution (1993) that is • Property rights are guaranteed by the
a cornerstone to encourage and guarantee, Peruvian Government.
throughout, one of the most attractive
legal frameworks of the region, the private No one shall be deprived of its property,
investment. except, exclusively, due to national security
or public need established by law and
One of the main principles of the promotion previous cash payment to the property
of the investment under the Peruvian legal titleholder of the appraised value,
framework is the non-discrimination principle which shall include compensation for
in the treatment of foreign and local (Peruvian) potential damages.
investments.
Foreign individuals and/or entities have
Peru seeks to attract both domestic and foreign the same treatment than the Peruvian
investment in all sectors of the economy. To ones. However, within fifty kilometers
achieve this goal, it has taken the necessary from the national borders, foreigners may
steps to establish a consistent investment not acquire or possess under any title,
policy that eliminates any barriers that directly or indirectly, mines, lands, woods,
foreign investors may face. As a result, Peru is water, fuel, or energy sources, whether
considered a country with one of the most open individually or in partnership, under
investment systems in the world. penalty of losing that acquired right in favor
of the Peruvian Government. The only
Peru has adopted a legal framework for exception to this disposition involves cases
investments that requires no previous of public need expressly established by a
authorization for foreign investment. In this Supreme Decree.
regard, foreign investments are allowed without
restrictions in the large majority of economic • The Peruvian Government guarantees
activities. The activities with restrictions are the free possession and disposition of
very specific. Additionally, Peru has a legal foreign currency. Therefore, there are
framework to protect the economic stability no restrictions on remittance of profits,
of investors and to reduce government international transfers of capital, or foreign
interference in economic activities. exchange practices.
LEGAL FRAMEWORK
86
• The economic private initiative is free. The main laws and regulations related to the
promotion to the foreign private investment are:
• The freedom of contract guarantees that
parties may negotiate, according to the • Legislative Decree N° 662, Legal Stability
rules in effect at the time of the contract. Scheme for Foreign Investments:
Contract terms and conditions may not be According to this law, Peruvian Government
modified by laws or any other provision encourages and guarantees foreign in all
whatsoever. sectors of economic activity and in any of
the business or contract forms allowed by
national legislation.
2. REGULATIONS AND RULES THAT
ENCOURAGE THE PRIVATE INVESTMENT • Legislative Scheme N° 757. Legal
Framework for the Private Investment
Our Constitution is not the only regulation Growth:
that encourages the private investment. This law seeks to guarantee free initiative
Peru offers a favorable legal framework and private investments, already made
that protects foreign investors' interests by or to be made, in all sectors of economic
offering them: activity. It establishes rights, guarantees
and obligations that are applicable to all
• An equal and non-discriminatory treatment. individuals or entities, national or foreign,
who invests in Peru.
• Unrestricted access to the majority of
economic sectors.
• Free capital transfer.
2
87
(PPPs)
at the end of the contract, the property is
transferred in favor of the government.
88
3. TYPES OF PPPs Besides, the PPPs can be classified
considering its inception in government
The PPPs may be self-financed or co- initiatives and private initiatives
financed1. (unsolicited bids).
1 https://www.investinperu.pe/modulos/JER/PlantillaStandard.aspx?are=1&prf=0&jer=5932&sec=17
LEGAL FRAMEWORK
89
The private initiatives have two main • Public infrastructure can be provided
benefit to the private sector, specifically without spending government resources
to the company that submits the private (in the case of the self-financed PPPs)
initiative: or -in the case of co-financed PPPs-
government payments to the private sector
- In case of an opening to the competition for the construction of the infrastructure
through a bidding process, if the company is distributed throughout a longer term
submits a valid technical and economic because the private sector will finance
proposal, it is entitled to tie the proposal the project.
that reached the first place. Afterward,
the submitter and the first-place company 5. KIND OF COMMITMENTS OF THE
can submit another proposal as a PERUVIAN GOVERNMENT
tiebreaker mechanism.
According to the PPP legislation, the
- In case of an opening to the competition government may assume two kinds of
through a bidding process, if the submitter commitment:
has submitted a valid economic proposal,
and if the project is awarded to a third • Firm commitments:
party; the costs of the private initiative The firm commitments are the payment
can be reimbursed in favor of the obligations of specific or quantifiable
submitter up to a 2% of the Total Cost amounts made by the government in favor
of the Project or the Total Cost of the of the private company. It is a consideration
Investment. for the performance of the PPP contract.
• Potential Commitments:
4. ADVANTAGES OF THE PPPs
They are the potential payment obligations
made by the government in favor of the
• The risks are allocated considering the
private company, set forth in the PPP
party who is in the best position to manage
contract, arising from the occurrence
with the risk.
of one or more events corresponding
to the own risks of the PPP project. The
• The provision of public services to the
payment of this obligation is subject to the
citizens is benefitted from the expertise of
occurrence of a certain event established
the private sector.
in the PPP contract. Therefore, only if such
event occurs, the Peruvian Government will
• By integrating the operation and
fulfill the commitment.
maintenance of the infrastructure through
a long-term contract, the private sector
will have adequate incentives to design and
build such infrastructure efficiently.
LEGAL FRAMEWORK
90
6. ROLE OF AUTHORITIES
3 4
91
92
1. LEGAL FRAMEWORK Public Investment Projects may include all
pre-investment studies, architecture studies
• Unified Text of the Law N° 29230 - Regional or engineering, infrastructure construction,
and local public investment with private implementation and maintenance of works.
sector participation Law, approved by
Supreme Decree N° 294-2018-EF. Operative expenses, replacement of
assets and third-party consulting or advice
• Unified Text of the Regulations of Law N°
expenses will not be deemed as part of the
29230 - Regional and local public investment
budget of the public Investment Project.
with private sector participation Law
Regulation, approved by Supreme Decree N°
295-2018-EF. • Public Investment Agreement:
It is an agreement signed by the private
• Legislative Decree that allows Petroperu to,
company and the government entity,
exceptionally, finance projects under Law
whereby the private company agrees to
No. 29230.
execute a particular public Investment
• Unified Text of the Law N° 30556 - Law Project.
that approves extraordinary provisions to
face disasters, and authorizes and extends The private company may execute the
the scope of Law No. 29230, approved by project directly or may sign a construction
Supreme Decree N° 094-2018-PCM. contract with a constructor in order to
execute the project.
• Unified Text of the Regulations of Law N°
30556- Regulation of the Law that approves
extraordinary provisions to face disasters, 2. TYPES OF PUBLIC INVESTMENT PROJECTS
and authorizes and extends the scope of Law
No. 29230, approved by Supreme Decree N° In order to carry out the work for taxes
003-2019-PCM. regime, there are two types of Public
Investment Projects:
In order to understand the advantages
• Government Initiative:
provided by the regime, it is necessary to
By recognizing a need, the government
understand the following:
entity formulates a Public Investment
Project to address the emerging need.
• Public Investment Projects:
Public Investment Projects are provisions • Private Initiative (unsolicited proposal):
of government funds to create, expand, The private sector submits a proposal of
improve or recover the production or supply Public Investment Project, which must be
of goods or services for community capacity. evaluated by the government entity.
This means that all Public Investment
Projects should have a social purpose.
LEGAL FRAMEWORK
93
3. ADVANTAGES OF THE WORK FOR 4. ANNUAL CAPACITY CAP3
TAXES REGIME
For the year 2020, regional governments
This regime generates several benefits, such have -jointly- an annual capacity cap to
as the following: invest in the work for taxes regime that
it is equivalent to S/3,748’340,143
• From a private perspective: (approximately, US$1,070’000,000).
The Work for Taxes regime enhances The annual capacity cap of each region
the development of social responsibility government can be found here.
programs, improving the reputation of
companies, and, hence, the relationship For the year 2020, local governments have
between the company with the community. -jointly- an annual capacity cap to invest in
the work for taxes regime that it is equivalent
• For the community: to S/11,322’835,113 (approximately,
This regime reduces the infrastructure gap, US$3,228’000,000). The annual capacity
generating more employees. Besides, the cap of each Local Government can be found
coverage of public services is increased. here.
• From the government perspective: For the year 2020, public universities have
This regime contributes to the acceleration -jointly- an annual capacity cap to invest in
of projects. the work for taxes regime that it is equivalent
to S/948’858,891 (approximately,
US$270’240,000). The annual capacity cap
of each university can be found in here.
94
5. REGIONAL AND LOCAL PUBLIC CHARACTERISTICS OF THE CERTIFICATES
INVESTMENT CERTIFICATE (CIPRL) (CIPRL AND CIPGN)
AND NATIONAL GOVERNMENT PUBLIC
INVESTMENT CERTIFICATE (CIPGN) These certificates have the following
characteristics:
ISSUANCE OF CERTIFICATES (CIPRL AND
CIPGN) • The issuance of the CIPRL and CIPGN
requested by the government entities
An approval of the reception and quality are carried out electronically through the
of whole or milestones of the project are platform of Valued Documents contained in
required in order to issue a CIPRL or a the following electronic address:
CIPGN. https://apps4.mineco.gob.pe/ciprlapp/
• The CIPRL and CIPGN may only be used
In case the execution of the project lasts
against prepayments and annual corporate
more than five (5) months, the private
income tax.
company may request to the public entity the
issuance of quarterly certificates. • The CIPRL and CIPGN may be used with a
limit of 50% of corporate income tax paid in
CIPRL are limited to resources obtained the previous fiscal year.
from Canon by every regional and local
• Whether, by the end of the year, CIPRL or
government as well as public universities,
CIPGN are not used, the private company
which are published by the Ministry of
may request a new certificate that will
Economy and Finance. CIPGN are limited
include the amount of the previous
by ordinary resources of the national
certificates plus an increase of 2%. This
government that signs the agreement.
new issuance may also be requested when
there are credits or remaining balances as a
The Canon is the share attributed to the
result of partially used certificates.
local and the regional governments, of
the total income obtained by the Peruvian • If the certificate has not been used within
Government, for the economic exploitation 10 years, the private company might claim
of natural resources. Currently, the Peruvian a refund to the Tax Administration.
legislation regulates the Mining Canon, the • The certificates are negotiable so they
Hydro-energetic Canon, the Gas Canon, the can be transferred to third parties, except
Fishing Canon, the Forestry Canon and the when the private company that signed the
Oil Canon. Investment Agreement has executed the
works directly as a constructor.
It should be mentioned that the Canon is
the base for the determination of the annual
capacity cap of investments through work
for taxes regime for regional and local
governments as well as public universities.
LEGAL FRAMEWORK
5
95
AGREEMENTS
of the National Government to face disasters
and that provides for the creation of the
(G2G)
Authority for Reconstruction with Changes
(ARCC), allows the ARCC and Ministries
to enter into G2G agreements to complex
Under G2G Agreements, a Government interventions and conglomerates.
contracts the provision of goods, services
(including construction) through a direct Further, the Legislative Decree N° 1248,
agreement with another Government. The latter through its Article 4 authorized the
can perform the agreement through its own subscription of G2G agreements for the
government bodies or agencies, government hiring of management and provision of
companies, national private companies and/or goods and/or services to carry out the Pan
foreign private companies. American and Parapan American Games
Lima 2019.
The most representative of these agreements,
in terms of investment and close in social gaps,
2. NEW ENGINEERING CONTRACTS (NEC)
is the one related with the Reconstruction with
Changes (RCC) signed with United Kingdom
For the Pan American and Parapan American
(UK)4. Through this G2G, Peru would receive
Games Lima 2019, the New Engineering
technical assistance services, supervision and
Contracts – NEC were used (specifically the
Project Managers Officers - PMOs role from
NEC3 version). The NEC are a very flexible
UK Government5, which would act through its
standard contracts created by UK Institution
“delivery team”: UK private companies with
of Civil Engineers (ICE) in England, similar to
plenty experience in the field.
other standard contracts such as FIDIC, ICC,
AIA, among others.
Furthermore, Peru has recently signed many
agreements under Government to Government
(G2G) scheme with countries with plenty proven
experience in infrastructure sector (See more in
section 3.3.3).
4 In 2017 there was a natural disaster (flood) in North of Peru (el “Niño Costero”) that produced serious damages to public
infrastructure. The Government created the Authority to RCC to supervise and execute the public works, which includes
important prevention measures.
5 Note that the construction of the works of the RCC itself (investment of US 2 billion approx.) would not be part of the G2G.
Such works will be publicly bid to interested investors. Peruvian companies, UK ones and from any other market might
participate in those public bids. Even though up to date the corresponding terms of reference for the public bids have not
been published yet, it is expected that projects would be packaged so providing integral solutions, generating synergies and
offering attractive amounts of investment for international market.
LEGAL FRAMEWORK
96
The NEC3 have been used to the provision According to the Peruvian experience
of goods, services and works, considering in NEC3, the main feature of this kind
all phases of a project cycle, from planning, of agreements are the simplicity of the
design and project management to language, adequate allocation of risks and
construction, maintenance and facilities collaborative working.
management. Besides, NEC3 promotes the
delivery of projects:
1. on time
2. on budget
3. to the highest standards6
6 https://www.neccontract.com/About-NEC/How-NEC-Contracts-Works
TAX
97
FRAMEWORK
TAX FRAMEWORK
1
98
CONSIDERATIONS
to the net income for the month.
Should the prepayments exceed the
annual tax determined, the excess may
be carried forward as a credit against
The Ministry of Foreign Affairs and subsequent CIT payments or may be ask
EY feature a specialized Business and for a refund.
Investment guide with more detailed
content. You can download it free of • Deduction of expenses:
charge at: The expenses incurred in the generation
www.ey.com/pe of revenues or in maintaining its source
(so-called “causality principle”) are
generally deductible for determining the
1. TAX REGIME APPLICABLE TO PERUVIAN CIT base. Some expenses are disallowed,
ENTITIES (MAIN TAXES) as expenses incurred in transactions with
residents in tax havens, non-cooperative
a. Corporate Income Tax (CIT) jurisdictions as well as entities subject
to preferential tax regimes (some
• General considerations: exceptions apply).
Peruvian resident entities are subject to
CIT on their worldwide taxable income. • Tax loss relief:
Branches and permanent establishments Taxpayers can choose between the
of foreign companies are taxed only over following systems to get relief for their tax
their Peruvian source income. The general losses:
CIT rate is 29.5%. This rate is applied - Losses can be carried forward for 4
over the taxpayer's net income, which consecutive years, beginning with the
is determined by deducting costs and first subsequent year in which the losses
expenses from the obtained revenues. The arise (as an exception, 5 years in case of
tax year starts on January 1 and ends on tax losses obtained in 2020); or,
December 31. Annual CIT returns are filed
- Losses can be carried forward
around March 31 of the following year.
indefinitely, but with an annual limit
equivalent to 50% of the taxpayer's
• Advanced payments:
taxable income of each subsequent year.
Resident companies are obligated to
perform advanced payments determined
by comparing the monthly installments • Permanent establishment:
resulting from the application of one of A foreign company has a permanent
the following methods, whichever establishment in Peru whether:
is highest: - It has a fixed place within the country
- Percentage method: apply 1.5% to the through which it carries out business
total net income of the month; activities in whole or in part;
TAX FRAMEWORK
99
- A building site, construction or VAT applies a debit/credit monthly system
installation project in Peru, as well as the by which input VAT derived from the
supervision activities related to them, acquisition of goods and services is used
that exceeds 183 calendar days within as tax credit against output VAT arising
any period of 12 months; from taxable transactions.
- The provision of services rendered in
Peru for the same (or related) project The main requirements that have to be
for a period or periods that exceed met for considering input VAT as a tax
183 calendar days within a 12 months credit are the following:
period; - The acquisitions must be allowed as
expenses or costs for CIT purposes
• A person acting in Peru on behalf of a
nonresident entity and has authority - Such acquisitions must be destined to
to: transactions that are subject to taxation
- Enter into contracts on behalf of the with VAT.
nonresident entity;
Any credit not used in a specific month
- Transfer property of goods owned by
may be carried forward in order to be
the nonresident entity; or
utilized against future output VAT. It
- For the provision of services by the should be noted that VAT refunds in cash
nonresident entity. are only available for exports and for
• In this case, exceptionally, a permanent certain entities in pre-operating stages
establishment will not be set up when that meet specific conditions (See more in
the person acting on behalf of the section 3.c).
nonresident entity carries out an
economic activity within the country as c. Temporary Net Assets Tax (TNAT)
an independent agent and acts for the
latter in the ordinary course of TNAT is applicable to resident entities
that activity. (including branches and permanent
establishments of foreign companies) that
b. Value Added Tax (VAT) are not in pre-operating stage, and it is
equivalent to 0.4% of the value of total net
An 18% VAT applies to the following assets over S/1,000,000 (US$285,700
operations: approx.)
• Sale of goods within Peru The basis is the value of the assets set
• Services performed within Peru and forth in the taxpayer's balance sheet as
services performed by nonresidents of 31 December of the previous year,
economically used within Peru (“import” adjusted for deductions and amortizations
of services) accepted by the regulations.
• Construction contracts
Note that do not form part of the tax
• First sale of real estate by the basis goods delivered by the Peruvian
constructor, and Government to the concessionary used
• Import of goods.
TAX FRAMEWORK
100
for the provision of public services as • Interest paid by a Peruvian entity or
well as the constructions made by the when the capital is economically used
concessionary. or placed in Peru: 4.99% if the following
requirements are met:
The amount of TNAT paid by taxpayers - In case of cash loans, the entrance into
can be used as a tax credit against the CIT Peru of the foreign currency must be duly
(even against advanced payments). If it is accredited;
not totally offset, the remaining TNAT may - The interest rate does not exceed Libor
be refunded by the Tax Authority. plus 7 points; and,
- There is no economic relationship
d. Financial Transaction Tax (FTT) between lender and borrower. In case
the loan granted does not comply with
This tax levies all debits and/or credits the requirements abovementioned a 30%
on bank accounts held by the taxpayers, WHT rate would apply.
among other similar transactions, by the
application of a 0.005% rate. The following Is important to mention that, until
operations are exempted, among others, December 31, 2020 (probably to be
transactions carried out between accounts extended), interests on development
of the same holder and credits to bank loans granted directly or through
accounts for concept of salaries. The FTT suppliers or financial intermediaries by
is deductible for CIT purposes. international organizations or foreign
government institutions are exempt
2. TAX REGIME APPLICABLE TO from IT. Development loans are defined
NONRESIDENT ENTITIES as debt operations intended to finance,
among others, projects or programs for
Nonresident entities are subject to the development of the country in public
withholding Income Tax (WHT) only over their infrastructure works and the provision of
Peruvian source income. IT Law considers as public services.
a Peruvian source, among others:
• Those obtained from credit transfers
• Services provided in Peruvian territory (factoring, etc.) in which the acquirer
(general rule): 30% of WHT rate. assumes the debtor's credit risk, when
the transferor of the credit or the debtor
• Technical assistance (economically used in
assigned is a domiciled taxpayer:
Peru): 15% of WHT rate.
30% WHT rate.
• Digital services (economically used in
Peru): 30% of WHT rate. However, since 2019, IT does not apply
to the income for services obtained for
• Dividends distributed by a Peruvian entity:
the transfer of the receivable rights of the
5% of WHT rate.
investor in the Public Private Partnerships
contracts, when the acquirer assumes the
risk of the debt.
TAX FRAMEWORK
101
A reduction of the above mentioned WHT 4. THIN CAPITALIZATION AND
rates would apply whether a Tax Treaty to “TAX EBITDA” RULE
avoid double taxation (DTT) has been signed
by the Peruvian Government. Peru has Peruvian CIT Law stablishes limits to the
currently a DTT with the following countries: amount of interests that can be deducted in
Brazil, Chile, Canada, Portugal, South order to determine CIT:
Korea, Switzerland and Mexico. Peru is also
part of the Andean Community (along with • Thin capitalization rule (2019 and 2020):
Colombia, Ecuador and Bolivia) whereas a The interests of indebtedness with related
sort of DTT is in force (Decision 578). or not related parties will be deductible for
the portion of debt not exceeding 3 times
the debtor's net equity according to the
3. TRANSFER PRICING RULES
balance sheet of the prior year.
Peruvian tax legislation states that • “Tax EBITDA” rule (since 2021): Under
transactions between related parties this rule, interests of indebtedness with
(and with tax havens, non-cooperative a related or not related parties can be
jurisdictions or entities subject to preferential deducted up to 30% of Tax EBITDA (net
tax regimes) must be carried out on an arm's income after offsetting losses plus net
length basis. interest, depreciation and amortization) of
the preceding year. Non-deductible interest
The prices of the transactions subject to exceeding the limit may be carried forward
transfer pricing rules shall be determined in to the following 4 years but will again be
accordance with any of the internationally subject to the 30% of EBITDA limitation of
accepted methods. The value agreed by the correspondent year.
the parties must only be adjusted when a
lower tax payment has been generated in It must be highlighted that these rules are
the country. not applicable to taxpayers who, through
Public Private Partnerships, carry out public
There are formal obligations for the infrastructure projects, public services,
taxpayers: related services, applied research and/or
- Filling returns according with OECD technological innovations.
standards (local report, master report and
country-by-country report); and,
- Make available to the Tax Authorities
enough evidence to support the value
which is being agreed.
TAX FRAMEWORK
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102
CONSTRUCTION
tax must be paid when the invoice is issued
or the retribution is received, whichever
SERVICES
occurs first (in other type of services, the tax
recognition takes place in other moments, as
the end of the service or the deadline of the
1. CORPORATE INCOME TAX (CIT) payments).
CIT Law grants special treatment to Also, the construction services are subject
construction companies with contracts to the detraction system (SPOT), by which
covering more than one taxable year. In this payers are forced to deposit a percentage of
case, the taxpayer may opt for one of the the price (4% instead of higher percentages
following methods for recognition of income applicable to other services) in an account
for tax purposes (the advanced payments opened in the Peruvian National Bank in
should be determined based on the favor of the providers, instead of making
chosen method): the whole payment to them (the amount
collected can be used to pay tax obligations
• First Method (Cash method): or can be refunded a maximum of 4 times
It consists on assigning to each taxable year a year within the first 5 working days of
the gross income resulting from applying January, April, July and October).
to the amounts collected for each work,
during the business year, the percentage of
3. CONTRIBUTION TO THE NATIONAL
gross profit calculated for the total of the
TRAINING SERVICE FOR THE
entire works.
CONSTRUCTION INDUSTRY (SENCICO)
103
4. CONSORTIUMS AGREEMENT • Each part must account for their
respective transactions (income,
It is common in the sector that companies expenses/costs, input and output VAT) and
develop projects through a consortium determine their own taxes (CIT, VAT, etc.)
agreement (contract where two or more
entities associate to participate in a certain • Alternatively, contracting parties may
business with the purpose of obtaining an choose an operator. In this case, the
economic benefit but maintaining their own operator shall allocate income, costs
legal autonomy). and/or expenses, as well as VAT, to
the contracting parties by means of an
As a rule, consortium agreement must have “Allocation Document”, so that they can
independent accounting except: (i) If due determine their own taxes.
to the modality of the operation it is not
possible to keep independent accounting; or,
(ii) if the term of the contract is less than 3
years.
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104
PRIVATE
Government (i.e. tolls, tariffs, etc.)
The concession may be granted under any of Some benefits from Peruvian tax regime
the following alternatives: regularly applied in PPPs are:
Special rules are applicable (mainly related to The Agency for the Promotion of Private
the concession assets): Investment (ProInversión), on behalf of
the Peruvian State, can enter into Stability
• Depreciation of the concession goods: The Agreements guaranteeing foreign investors,
holder of the concession may annually among others, that CIT and dividends WHT
depreciate the concession goods applying freeze during the entire period of a PPP
one of the following methods: (i) according project, according to the rules stated at the
to its useful life, up to a 20% annual rate, or date of signing of the agreement.
(ii) during the concession period, under a
straight-line method. For that purpose, it is required contributions
to the capital of an established company or
• Amortization of the intangible assets: The a company to be established in Peru for an
holder of the concession may annually amount not less than US$5,000,000. The
amortize the intangible assets: i) according investment can be made within a maximum 2
to the useful life, up to 20% annual rate; or years-period.
ii) during the concession period, under a
straight-line method. The term of the Stability Agreement is
subject to the duration of the concession
• The transfer of the concession goods made contract for the construction and use of
by the holder of the concession in favor of public infrastructure works and/or the
the Peruvian Government, during or at the provision of public services.
end of the concession term, is exempt from
any tax (created or to be created taxes), as
CIT and VAT.
TAX FRAMEWORK
105
b. Foreign currency accounting c. VAT Early Recovery
However, under certain requirements, For such purpose, the company must file
companies may keep their accounting an application before ProInversión in order
books in US Dollars for tax purposes. In this to get a Ministerial Resolution that will be
case, the taxpayer must receive foreign published by the specific sector on which
investment or realize foreign investment the developing projects is related to. The
in foreign currency; sign an agreement Ministerial Resolution grants the qualification
with the Peruvian Government; use the as “ beneficiary“ to the Company, and then
amounts in the execution of the contract and it can request the VAT to the Peruvian Tax
communicate the decision to the Peruvian Administration. The investment must be
Tax Administration. made during the pre-operational stage and
may not be less than US$5’000,000.
Under a US Dollars accounting, operations in
this currency would not generate a foreign This regime provides liquidity to the
exchange difference subject to CIT (or company by avoiding having an unused tax
deductible if it is related to operations that credit during the implementation period of
generates taxable income). the project.
LABOR
106
FRAMEWORK
LABOR FRAMEWORK
1
107
The civil construction regime is only applicable • Compensation for time of service (CTS):
to those workers who are immersed in This is a social benefit for the provision of
construction work, categorized as operators, contingencies arising from the cessation of
officers and pawns. work and the promotion of the worker and
For the workers who are not under this regime, his family. The payment is made through
the general labor regime is applied, which a deposit in the worker's bank account in
presents the following characteristics: the months of May and November. The
worker is authorised to dispose of part of
a. Labor Contracting: the CTS before the end of the employment
relationship, subject to certain conditions.
Labor contracts may be concluded for an
undetermined period of time or for a fixed • Distribution of profits to workers:
term (subject to modality). In relation to the Companies with more than 20 workers
latter, they must be entered into in writing engaged in business income generating
and must expressly state the reason for the activities must distribute a percentage of
temporary nature of the use of this type of their annual income before taxes among
contract. all their workers. The percentage of
participation is fixed by law.
b. Remuneration and Benefits:
• Household Allowance: Workers who have
The workers, not subject to the civil one or more children under the age of 18
construction regime have the right to the or, being these older ones, are pursuing
following labor benefits, the cost of which is higher or university studies, are entitled to
borne by the employer: this benefit until they reach the age of 24.
This allowance is equivalent to 10% of the
Minimum Vital Remuneration, as of the
date S/93.
LABOR FRAMEWORK
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108
REGIME FOR CIVIL Once the requirements are met, the regime
applies only to those workers involved in the
Requirements: • Pawns:
The application of the civil construction Unqualified personnel who carry out auxiliary
regime is only possible as long as the following tasks in construction.
requirements are met:
In order to calculate the individual cost of the work, all expenses will be taken into account, including salaries and materials.
LABOR FRAMEWORK
109
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110
INTERMEDIATION
AND Peruvian law has regulated 2 mechanisms for
organizing productive activities within civil
OUTSOURCING
construction works:
• The intermediation services
Intermediation Outsourcing
An integral service is provided, in such a way
It involves the posting of employees from the
that the outsourcing company takes charge of a
intermediary company to the contracting company
part of the productive process of the contracting
(user company). The intermediation can only use
company, and for it, it requires to post in a
in the main activity on a temporary basis, (through
continuous way, its workers, to the facilities or
occasional contracts or substitution contracts) and
places designated by the contracting company
in complementary activities of the user company.
(main company).
Services are provided in main activities of
Under no circumstances may workers provide
specialization or complementary to the contracting
services that involve the permanent execution of
company. The contractor is responsible for the
the main activity.
results of the services.
The workers who temporarily carry out main
activities may not exceed 20% of the total workers It is not subject to any percentage limit.
of the contracting company.
The company that performs this service must
register with the National Registry of Companies
and Entities that carry out the intermediation No registration required
activity for which the Labor Authority is
responsible.
The user company has control and management The user company doesn't have control and
powers over the personnel. management powers over the personnel.
The service company must provide a mandatory
deposit to guarantee compliance with its labour Is not required to provide a deposit.
obligations, respect to their posted employees.
The service company can only be set up to posting
The contracting company is constituted to provide
workers. It must have a minimum capital of not
an integral service.
less than 45 Tax Units (UIT).
LABOR FRAMEWORK
111
Within the civil construction sector, labor
outsourcing contracts are concluded with
contractors and subcontractors.
It is important to point out that the main
company, the contractor and the subcontractor
are all jointly and severally liable for the period
of time that the personnel is on the job and for
up to one year after the end of this period, for
non-compliance with the law:
4
112
REGARDING
approved for the gradual and incremental start
of activities in the resumption of activities,
SURVEILLANCE,
in accordance with Ministerial Resolution N°.
087-2020-PRODUCE.
5
113
EMPLOYMENTS
The contracts can be:
- Considering the limitative percentages or
WILL PERFORM
of the company. Additionally, wages
paid to foreign employees should not
ACTIVITIES IN
exceed 30% of total payroll cost. Such
limits can be waived for professionals and
PERU
specialized technicians or management
personnel of a new entrepreneurial
activity or in case of a business
1. EMPLOYMENT CONTRACTS FOR reconversion, among others, supporting
PERUVIAN CITIZEN with the corresponding documentation.
Peruvian law stablishes that indefinite term These contracts must be approved the
contracts are the legal default scheme for Ministry of Labor. Currently the approval
hiring personnel in Peru, although as an of these documents is automatic since the
exception, fixed term contracts can also registration of the documents.
be signed. The fixed term contracts by law
require an objective cause that support a b. Specific regulation for some nationalities:
determinate period of hiring (for example, There are some exceptions for hiring
start-up of a new business, works or specific personnel of some nationalities such as:
services, substitution, etc.) and its validity
is conditioned to compliance with certain - Andean Community: Bolivia,
formal requirements. Colombia, Ecuador; Spain (Double
Nationality Agreement)
All these contracts must comply with all the
rights and benefits granted to employees by - Mercosur nationalities: Argentina,
law. Bolivia, Brasil, Paraguay, Uruguay, Chile,
Colombia, Ecuador or conditions such as
if the foreigner has Peruvian ascendancy
2. EMPLOYMENT CONTRACTS FOR in first degree or Peruvian descendants,
EXPATRIATES among others. In these cases, the hiring
treatment will be considering the scheme
a. General aspects: of Peruvian personnel and consequently
Foreigner contracts in Peru are the work contract will not need to
regulated by a specific law which imply be approved by a Labor entity (but
to hire specialized foreigners to cover communicated) or comply with the terms
positions that can not be filled with of the Hiring foreign personnel law.
Peruvian personnel. The term of these
work contracts should be up to 3
years renewable.
LABOR FRAMEWORK
6
114
115
2. ASSIGNMENT WORK VISA: be abroad during the whole process, once
the visa is approved the applicant will
Allow assignees employed by a foreign need to collect the visa in a designated
company to perform highly specialized Peruvian Consulate considering where he/
technical assistance in Peru. For this kind of she is located. With the visa stamped in
visa, a service agreement must be signed the passport the entrance to Peru can be
between the foreign and the local company programmed, and once in country some
(receptor) specifying the technical assistance extra steps should be coordinated until the
required from the Company, among other obtainment of the foreign card (in case
documents for each assignee (assignment apply for a visa of 1 year). This process
letter, local letter, authorization letter). This usually takes 30 business days counted
visa can be temporal (less than 1 year) or since the application is filed to Migration.
resident (1 year or more).
b. Apply once the expatriate is in Peru -
The activities that can be performed with Change of migratory status -
a “assignment work visa” are for a specific In country:
work or activities that require professional, Imply that the assignee is already in Peru.
commercial o technical knowledge. The Note that in Peru expatriates can start
entity that will receive the service will be performing activities once they have
the local company, since there will be an the visa approved. In this context, we
agreement between Companies (foreign and recommend the entrance with a business
local) that support it. The foreign company visa, in order to avoid risk in case of a visit
will give a service to the local one and will of an inspector. The documents for the
send employees to perform it. There will process will be obtained in Lima, without
not be any labor relationship between the regard the ones we may need from
expatriates and the local entity. abroad.
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116
3. BUSINESS VISA:
INDIVIDUAL AND
The business visa allows the holder to carry
out business, legal, contractual, specialized LABOR TAXES
technical assistance (short periods) or other
similar activities. 1. INCOME TAX
It is granted at the Peruvian Consulate for The income tax treatment depends on
a maximum of 183 calendar days. Some whether an individual is considered
exemptions allow to request the business resident or nonresident for tax purposes.
visa at the Airport in Peru. i.e.: Schengen According to the Income Tax Law,
community countries (only grant 90 calendar individuals are considered as tax residents
days of permanence in 180 days) Pacific in Peru when they have spent in the
alliance (grant 183 days). country over one hundred and eighty-
Chinese nationals are also exempted of three (183) calendar days during any
requesting a business visa at a Peruvian 12-month period. This change will only
Consulate for a maximum of 183 calendar become effective as of January 1 of the
days if they are able to support one of the following year in which the requirement
following conditions: was met.
117
b. Labor and personal taxes: Note that the tax unit in force during fiscal
year 2020 is S/4,300.
According to the Peruvian Income
Tax Law, the compensation received Further to the 7 tax units deduction to be
for services rendered within Peruvian applied on the residents gross income,
territory will be considered as Peruvian an additional 3 tax units can be deducted
Source Income regardless of the location from the calculation basis, subject to
of the entity or individual that is paying specific limits and requirements, for
the income. Hence, the salary received expenses incurred due to lease/sublease
by the employees or the expatriates for contracts, expenses in hotels, restaurants
services rendered in Peru, will be taxable and bars, professional fees for doctors
basis for Peruvian Income Tax. and dentists, payments for services
rendered that qualify as self-employed
It must be noted that the employers will retribution (fourth category income) for
be liable to withhold and remit to the Tax specific professionals and payments made
Authorities the employee's income tax. to EsSalud (Social health system in Peru)
For such purpose, it must determine the in favor of domestic workers, if reported
employee's income tax debt and withhold through an Annual Income Tax Return.
the appropriate amount on a monthly
basis, and pay the income tax to the Tax It is important to mention that all the
Authorities, based on the tax resident expenses mentioned above must be paid
condition of the individuals and procedure through payment methods approved by
established by law. Tax Administration through the financial
system in bank transfers, credit and/or
In case the employee is considered as debit cards payments (not cash).
nonresident for tax purposes, a fixed tax
rate of 30% will be applicable over the
salary received for his work in Peru, as
of the first day of service, regardless of
where it is paid.
118
c. Tax exemptions: All the above-mentioned expenses must
be included in the work contract approved
In the case of tax nonresident individuals by the Peruvian Labor Authority that the
entering the country temporarily to employer will assume such cost.
perform the following activities, they
would not be taxed for revenues obtained • The amounts that users of technical
in their home country, since they are not assistance pay to tax nonresident
considered as Peruvian source income: individuals hired to provide services in
Peru, for flight tickets inside and outside
• Acts that precede a foreign investment the country, as well as housing and food
or any other business. allowances in Peru.
• Supervision or control of an investment • Expenses and contributions related
or business (i.e. gathering data or to health benefits made in general
information, meeting public or private character to all employees.
sector personnel, etc.) • Retributions assigned to the owners
• Hiring local personnel. of one-person businesses that are
• Signing agreements or similar considered as third category income –
documents. Income related to any business activity.
119
2. SOCIAL SECURITY CONTRIBUTIONS c. Mandatory Life Insurance:
This is a mandatory insurance paid for
a. Pension Systems and contributions: employees. The premium depends on the
The employee can alternatively join the number of insured employees, the risk of
Government Pension System (GPS) or the the work they carry out, and in general,
Private Pension System (PPS). In the GPS, on the terms agreed with the insurance
the employee must make contributions company.
equal to 13% of his remuneration. In
the PPS, the employee must make d. High Risk Labor Insurance (SCTR):
contributions equal to an average of This is a mandatory insurance to be
12.93% of his monthly remuneration paid paid by companies whose activities
in cash only. Regardless of the system have a certain level of risk such as,
chosen by the employee (GPS or PPS), fishing construction, air transport,
the employer is responsible to withhold manufacturing, among others described
employees' contributions from their in Appendix 5 of Supreme Decree
salaries. No. 009-97-SA and provides additional
coverage for health and pension plans.
b. Health Contribution: The contract for health services may be
This contribution is paid by the employer entered with EsSalud or with a Private
and its purpose is to finance the social Health Care Provider (EPS); a contract
health system (named EsSalud, inPeru), for the pension coverage can be entered
which provides health care services with the Government Agency for Pension
and pay subsidies in case of employees' Fund (ONP, due to its acronym in Spanish)
disability. It is collected by the Peruvian or with a private insurance company. The
Tax Administration (SUNAT). rates depend on the type of activity
The amount is equal to 9% of the and/or the terms agreed on with the
employees' remuneration. insurance entity.
GLOBAL TRADE
120
FRAMEWORK
GLOBAL TRADE FRAMEWORK
1
121
1 An ad valorem rate of 4% is charged in the case of Express Shipment (goods with an FOB value of US$200 or more, up to a
122
The importation of goods is subject to the 2. EXPORT OF GOODS
Prepaid VAT System, wherein the tax is
determined by applying a percentage to The exportation of goods is not subject to the
the CIF customs value plus all taxes levied payment of Value Added Tax (VAT).
on the import and other surcharges, where
applicable. The applicable tax rates are 3.5%, The Value Added Tax Law defines the
5%, or 10%, depending on the situation of export of goods as the sale of real property
the importer and/or the goods to be cleared performed by a taxpayer domiciled in the
through customs. Like VAT, the amount paid country to a non-domiciled party, regardless
may be used by the importer as a tax credit. of whether the transfer occurs abroad or in
However, there are certain cases in which Peru, provided that said goods are subject to
the prepaid VAT does not need to be paid; a customs process for definitive export.
for example, when the import is performed
by VAT withholding agents, or in the case If the transfer of ownership of the goods
of certain goods excluded from this system. occurs in the country prior to loading,
Additionally, there are some sensitive the classification as export of goods is
products that need further analysis. conditional upon the goods being shipped
within a term of no more than 60 calendar
When importing goods worth more than days after the date of issue of the respective
US$2,000, the services of a customs agent/ commercial invoice.
broker authorized by Peruvian Customs will
be necessary, to undertake the documentary When the sale involves documents issued
and electronic procedures for the imports. by a bonded warehouse that guarantee the
It is worth noting that the importer will be purchaser's right to dispose of said goods,
required to have the necessary documents the classification shall be conditional upon
that support the entry of goods, such as the the shipment being performed within a
commercial invoice, shipping documents, etc. term of no more than 240 calendar days
after the date on which the warehouse issues
In addition to the formalities of customs the document.
clearance procedures, there are local
regulations that establish additional If the established terms expire without
requirements for the entry of goods that are the goods having been shipped, it
considered restricted, and the conditions to shall be understood that the operation has
consider goods prohibited so their entry to been performed in national territory, and
Peruvian territory is not possible. Further shall be levied with or exempted from VAT,
details are provided herein below. as applicable.
GLOBAL TRADE FRAMEWORK
2
123
AND OTHER
was unveiled in Peru, on April 28, 2011,
through the Declaration of Lima and the
COMMERCIAL
Frame Agreement and Commercial Protocol
entered into force on July 20th, 2015 and
AGREEMENTS
May 1st, 2016, respectively. The aim of
this partnership is to encourage regional
integration and further growth, development,
The main agreements in force, executed by the and competitiveness of its member countries'
Peruvian government in order to gain access to economies, and to progressively move closer
international markets are the following: to the goal of achieving the free movement of
goods, services, capital, and people.
• Andean Community (CAN):
Peru, together with other South American • Bilateral Free Trade Agreements:
countries (Bolivia, Colombia and Ecuador) is Bilateral Free Trade Agreements with the
a member of the Andean Community (CAN) United States, Australia, Canada, China, Chile,
since 1997. Within this framework, there are EFTA States (Iceland, Liechtenstein, Norway
agreements related to zero customs duties and Switzerland), Mexico, Japan, Singapore,
rate for goods, customs value determination Republic of Korea, Panama, European Union,
rules, regulations for land, air and water Costa Rica and Honduras are already in force.
transport, etc. An important part of Peruvian Additionally, Peru has in force Economic
trade regulations is governed by the and Trade Agreements with Cuba, Thailand
commitments made under this forum. and Venezuela. These agreements grant
the parties, between others, customs duty
• Southern Common Market (Mercosur): preferential rates on originating imports.
Economic Complementation Agreement 58
(ACE 58) was signed between Peru and the On May 2019, Peru along with Colombia and
MERCOSUR countries (Argentina, Brazil, Ecuador; have signed a Trade Agreement
Paraguay and Uruguay) on December 30, with the United Kingdom of Great Britain and
2005 and became effective on January Northern Ireland. In the meanwhile, Peru and
2006. The purpose of this Agreement was to the UK, have made temporary arrangements
establish a legal framework for integration, to continue preferential trade benefits that
to facilitate business trade between member applied when UK was part of the European
countries, through the elimination of tariff and Union, until the UK-Andean Trade Agreement
non-tariff measures affecting trade in certain comes into effect (until December 31th,
goods and services. 2020).
GLOBAL TRADE FRAMEWORK
3
124
Also, Peru has concluded Free Trade
Agreement negotiations with Brazil and RESTRICTED
Guatemala; as well as the Comprehensive
and Progressive Agreement for Transpacific OR PROHIBITED
GOODS
Partnership (CPTPP) with Australia, Brunei
Darussalam, Canada, Chile, Japan, Malaysia,
Mexico, Nueva Zealand, Singapore and
Vietnam, which incorporates the provisions of Some goods that are imported into the country
the TTP. may be considered by legal mandate to be
restricted or prohibited, for reasons of national
Furthermore, up to date Peru maintains security or public health, among other reasons.
negotiations with Turkey, El Salvador and
India in order to subscribe bilateral Free Trade Restricted goods are those that require special
Agreements. authorizations, licenses, permits, etc., from
the pertinent institutions, depending on the
Finally, it is important to mention that Peru goods to be imported. These goods must
is a founding member of the World Trade have the required documentation at the time
Organization (WTO). Therefore, the WTO's of importation, prior compliance with the
regulations regarding antidumping practices, requirements established by the control units of
subsidies, countervailing duties and service the competent sector.
market liberalization, among others, are
applicable in Peru. Some of the entities and types of restricted
goods are as follows:
125
• Ministry of Internal Affairs, through the
National Superintendence for the Control of
Security Services, Arms, Ammunition, and
Explosives for Civil Use (SUCAMEC) for goods
such as firearms, explosives, etc.
4 5
126
TEMPORARY BONDED
ADMISSION FOR WAREHOUSES
RE-EXPORTATION This system allows for goods entering national
territory to be stored in a bonded warehouse
IN THE SAME for such purpose, for a given period (maximum
term of 12 months) under the control of
STATE the customs administration, without paying
customs duties and other taxes applicable to
This customs regime allows for the temporary import for consumption, provided that the
entry of certain goods into the national goods were not requested for a prior specific
territory, with the suspension of customs duties customs regime and they are not in a situation
and other taxes levied on the importation of legal abandonment.
thereof (for a maximum period of 18 months)
duly guaranteed, destined for a specific purpose
in a specific place and which will be re-exported
within the established term without having
undergone any modification whatsoever,
with the exception of the depreciation as a
consequence of normal wear and tear.
ENVIRONMENTAL
127
ASPECTS
ENVIRONMENTAL ASPECTS
1 2
128
OVERVIEW LEGAL
Environmental protection has gained special FRAMEWORK
importance during the past few years, and this
has been reflected on the evolution of global Peru has a large and diverse set of
and local legal frameworks. environmental regulations that must be
complied. These obligations are distributed
During the 90s the Peruvian legal framework according to its distinct specialties and observed
was feeble, there wasn't real supervision and by the pertinent authorities. Regarding
only a few experts on the area. However, during environmental matters the regulation can be
the past two decades governments have gained divided in two groups, the first one consisting
awareness on the necessity of having strong of general obligations that are bound to be
regulations related to environmental matters, complied by every actor, and a second group
and this has been reflected on the changes that enclose specific obligations related to the
and improvements on the legal framework individual activities enlisted on the project,
as well as direct actions. Nevertheless, these contractual compromises, environmental effects
improvements imply the necessity to comply and its location.
to strict obligations that cannot be overseen
or dismissed, not only because of the possible The General Environmental Act, Law No.
monetary consequences, but also in order to 28611, provides the main framework as
protect the environment and natural resources. well as general obligations that are prone to
be complied by project executers regarding
Social conflicts have also played an important environmental protection.
role through the years delaying projects or
risking them, which has been reflected on Alongside the obligations there is a set of
evolution of the related regulation as well as the regulators in charge of authorizing projects
active participation of local stakeholders. according and supervising them according to its
type.
129
according to categories. This unification isn't use of criminal law when necessary in case
an easy task and has to be done progressively, of grave damage to the environment. These
especially because of the setbacks that can be government agencies work individually however
found along the way. Even though the most they collaborate with each other when a non-
important projects are under the surveillance of compliance is identified.
the SENACE, it is always important to verify the
main regulator. A breach or noncompliance of any
environmental obligation can lead to a direct
Additionally, when a project involves different consequence as the temporary closure of the
aspects as water use or disposal, energy project or the start of an administrative process.
generation, restricted products, transport,
among others, there are different authorities Compliance is highly important in order to
involved that authorize and regulate each protect the environment and guarantee the
specific aspect. continue of labors.
Besides the regulators, there are also a series The most common breaches are related to the
of inspectors and authorities that verify the noncompliance of Environmental Management
compliance of the different obligations. The Instruments, lack of environmental monitoring,
Environmental Evaluation and Oversight deficient waste management, excesses in water
Agency – OEFA, monitors environmental permissible limits, among others.
compliance, waste management, environmental
complains, as well as solid waste infrastructure If an inspection concludes that there is
and environmental consulting services among evidence or indication of noncompliance,
others. The OEFA can carry out audits at any then an administrative process is started. This
moment, start an administrative process, process is managed by the authority in charge,
impose fines, having even the authority to having established guidelines, instances and
suspend projects. opportunities for the project holders to present
disclaimers and execute its legitimate defense.
The OEFA is also qualified to receive any kind
of environmental complain by any person, The usual consequences include high monetary
even if it is not the direct inspector, having the fines, suspension or closure of the project,
obligation to refer it to the competent authority obligation to improve or change specific parts
and can even follow up the complaints to verify of the project. On some cases, if there is evident
that is being attended. environmental damage, a criminal process can
be also started.
Local governments are also involved on
the regulation and surveillance of specific Local stakeholders also play an important
matters on their influence areas. Besides role since the Peruvian legislation stablishes
emitting the necessary licenses to operate, that they can participate of the previous
they can also approve special environmental consultations when required. If the communities
certifications or close down projects in case surrounding the project believe they can be
they identify a breach. The government is affected, there is a setback on negotiations
strengthening the power and resources of or the commitments are not fulfilled, social
environmental prosecution offices in order to conflicts develop consequently, which can delay
guard environmental rights and enforce the the projects.
ENVIRONMENTAL ASPECTS
130
When managed correctly, projects are also The Ministerial Resolution No.
subject to incentives and recognitions by the 157-2011-MINAM, and modifications, list
government. The National Environmental the projects that are subdued to the SEIA
Prize recognize those who contribute with regulation, including projects related to
environmental protection through specific agriculture, tourism investment, electric
projects, correct waste management, recovery generation, malls, road infrastructure,
of natural areas, among others. The OEFA also telecommunication infrastructure, health
has different incentives like the Annual Ranking establishments, waste management
of Environmental Excellence – REAL; Green infrastructure, multifamily housing, parking
Leaf, also known as Qumir Rapi, Green Life or buildings, water and sanitation projects,
Qumir Kawsat; and, a Fine Discount Certificate. among others.
To be eligible to any of these recognitions,
projects must be under the Good Practice These instruments must be followed and
Registry and aid a sustainable practice in updated when necessary. The obligations
operation. part of environmental certificates ranges
from having to monitor environmental
a. Environmental management instruments factors periodically, count with waste
management plans, make proper use of
The National Environmental Impact water and its disposal, fulfill hydrocarbons
Assessment System – SEIA, was created as obligations if necessary, prevent soil
a unique and coordinated system to identify, contamination, to mention a few.
prevent, supervise and correct any possible
negative environmental impact, including The Environmental Impact Study – EIS,
national politics and plans by the Act No. determinates the obligations of each project
27446, its regulation was approved by the based on its type, location, impacts, duration
Supreme Decree No. 019-2009-MINAM. and size which are done by registered
The SEIA establishes the projects that are Environmental Consulting Firms.
required to have an Environmental Impact
Study, it also regulates the categorization of The first step to determine the obligations
said studies according to their impact. Those of a project is to classify it according to
who want to start a project of any kind are the stablished categories. Secondly, it is
subdued to follow the established procedures necessary to fulfill the Public Participation
to obtain the corresponding Environmental Plan with the stakeholders on its influence
Certification through SENACE or the area. Following the initial approvals, project
competent ministry. In the event a project is holders have to establish a baseline,
not listed, the holder can consult the Ministry a process usually accompanied by the
of Environment to verify the enforceability of regulator. The Environmental Impact Study
counting with one. In case an Environmental is evaluated and approved accordingly
Certification is not required, the project if it is determined that it considers all
might still need to present an Environmental the necessary aspects relevant for the
Management Report, depending on the environmental protection. In some cases, the
Ministry in charge of the project. regulator might present observations that
ENVIRONMENTAL ASPECTS
131
would have to be absolved by the project Each permit allows project holders to
holder. Once an EIS is approved it can also make use of water resources on specific
be modified or updated depending on the circumstances and have to be requested
requirements of the project, this process following the stablished procedures.
is also regulated, and holders must comply
with the established obligations at the Water licenses or permits determinate not
appropriate time or would be susceptible to only the sources from which the water is
an administrative process and fines. extracted, but also the volume of water that
can be used, the retribution that must be
paid and the control instruments.
b. Water resources and effluents
132
c. Other Permits and Authorizations Waste can be divided following different
aspects. A first division is done by
Besides environmental certificates and water considering if it is or not municipal
authorizations, projects are also subdued waste. Municipal waste is managed by
to another set of permits and obligations local governments and usually consist of
related to its location. domiciliary waste or similar. Non municipal
waste is handled by service operators.
Local governments are the ones in charge of A third category can also be considered
issuing building and operating licenses, carry which includes demolition waste and has
out technical safety inspections, authorize a particular treatment, regulated by the
the transit of certain vehicles, determine the Supreme Decree No. 003-2013-VIVIENDA.
use of the streets adjacent to the projects, in
some cases they can even determine working In general projects handle waste as non-
hours depending on the zoning. municipal through a specialized operator,
these service providers must have the
Besides emitting special permits, correspondent authorizations to operate
local governments also monitor noise according to their specific activities. This
contamination, sanitary obligations, waste type of waste is also subdivided in different
management, air contamination as well as categories and managed accordingly. Waste
handling possible claims presented by local can be usable, non-usable or hazardous and
stakeholders. each category has a different treatment. Non
usable waste has to be completely discarded
Depending on the location of the project, and receive the necessary final treatment.
other entities might be required to Hazardous waste has a special treatment and
be involved depending on the project has to be managed separately so it doesn't
characteristics such as the National contaminate other waste, it usually consists
Service of State Protected Natural Areas of batteries, medicine, chemical substances,
- SERNARP, Forest and Wildlife Service – lights, oil contaminated paper and similar.
SERFOR, Coastguard Authority – DICAPI, Usable waste is encouraged to be recycled,
the Supervisory Body of Private Investment reused or reduced.
in Energy and Mines – OSINERGMING,
the National Superintendence of Tax Project holders are bound to follow the solid
Administration – SUNAT and the Presidency waste management law, that includes the
of the Cabinet – PCM. obligation to present waste management
manifestos for hazardous waste and
declarations, manage waste according to
d. Waste management
its category through a specialized operator,
have proper waste storage locations,
The Solid Waste Management Act, Legislative
minimize waste, have sanitation systems,
Decree No. 1278, and its accompanying
identify waste properly, among others.
regulation, approved by Supreme Decree No.
014-2017-MINAM, regulate how solid waste
is managed, encouraging waste reduction,
recovery, recycling and valorization, setting
its goal on reaching an optimal circular
economy production.
APPENDIX
133
APPENDIX
> 134
AND PROMOTION
www.mef.gob.pe
ENTITIES
The Ministry of the Economy and Finance is
an entity of the Executive Branch responsible
for planning, directing, and controlling
1. CENTRAL RESERVE BANK OF PERU - BCRP matters related to the budget, treasury,
(Banco Central de Reserva del Peru - BCRP) debt, accounting, fiscal policy, public
Phone: +51 1 613 2000 spending, and economic and social policies.
www.bcrp.gob.pe It also designs, establishes, performs, and
supervises national and sector policies under
The Central Reserve Bank of Peru (BCRP) its competence, assuming a guiding role
is an autonomous constitutional institution therein.
of the Peruvian State. According to the
Constitution, the faculties of the BCRP are
4. MINISTRY OF LABOR AND JOB
to regulate the currency and the credit in
PROMOTION - MTPE
the financial system, manage international
(Ministerio de Trabajo y Promoción del
reserves under its care, and other functions
Empleo - MTPE)
indicated in the law that created the
Phone: +51 1 630 6000
institution. Likewise, the Constitution orders
www.mintra.gob.pe
the BCRP to issue coins and paper money
and to accurately inform the country from
The Ministry of Labor and Job Promotion
time to time on the state of national finances.
is the State institution responsible for
It also has the responsibility of maintaining
designing, coordinating, and performing
monetary stability, avoiding the pressures of
the policies and programs aimed at creating
inflation and depreciation on the economy.
and improving dignified and productive
work through the promotion of job market
2. PRIME MINISTER'S OFFICE – PCM insertion opportunities and skills, as well
(Presidencia del Consejo de Ministros - as fostering a democratic system of labor
PCM) relations through labor coordination,
Phone: +51 1 219 7000 surveillance of compliance with laws,
www.pcm.gob.pe conflict prevention and resolution, and the
improvement of working conditions.
The Prime Minister's Office is the technical-
administrative institution of the Executive
Branch, whose maximum authority is
the President of the Republic of Peru. It
coordinates and follows up on multi-sector
policies and programs of the Executive
Branch. It also carries out coordinated
actions with the Congress and different
constitutional entities.
APPENDIX
135
5. NATIONAL INSTITUTE FOR THE 7. SUPERVISORY BOARD FOR PRIVATE
DEFENSE OF FREE COMPETITION AND INVESTMENT IN TELECOMMUNICATIONS -
THE PROTECTION OF INTELLECTUAL OSIPTEL
PROPERTY - INDECOPI (Organismo Supervisor de Inversion Privada
(Instituto Nacional de Defensa de la en Telecomunicaciones - Osiptel)
Competencia y de la Protección de la Phone: +51 1 225 1313
Propiedad Intelectual - Indecopi) www.osiptel.gob.pe
Phone: +51 1 224 7777
www.indecopi.gob.pe Osiptel is in charge of regulating and
supervising the public telecommunication
Indecopi promotes a culture of fair services market, independently of the
competition and protects all forms of operating companies.
intellectual property (trademarks, copyrights,
patents, and biotechnology).
8. SUPERVISORY BOARD FOR INVESTMENT
IN PUBLIC TRANSPORTATION
6. SUPERVISORY BOARD FOR INVESTMENT INFRASTRUCTURE - OSITRAN
IN ENERGY AND MINING - OSINERGMIN (Organismo Supervisor de la Inversion
(Organismo Supervisor de la Inversión en en Infraestructura de Transporte de Uso
Energía y Minería - Osinergmin) Público - Ositran)
Phone: +51 1 219 3400 Phone: +51 1 440 5115
+51 1 219 3410 www.ositran.gob.pe
+51 1 427 4935
www.osinerg.gob.pe The general purpose of Ositran is to regulate,
govern, supervise, and audit the behavior
Osinergmin is responsible for supervising of the markets under its competence, with
and controlling compliance with legal regard to the actions of service providers,
and technical provisions of activities as well as the compliance with concession
developed by companies in the electricity agreements, impartially and objectively
and hydrocarbons subsectors, as well holding harmless the interests of the State,
as compliance with legal and technical investors, and users.
regulations related to the conservation and
environmental protection. It is also in charge
of quality and quantity control of fuels and
higher prerogatives as part of its power to
impose sanctions.
APPENDIX
136
9. AGENCY FOR THE PROMOTION OF 12. NATIONAL SUPERINTENDENCE OF
PRIVATE INVESTMENT - PROINVERSIÓN PUBLIC RECORDS OFFICES - SUNARP
(Agencia de Promoción de la Inversión (Superintendencia Nacional de los Registros
Privada - ProInversión) Públicos - Sunarp)
Phone: +51 1 200 1200 Phone: +51 1 208 3100
www.proinversion.gob.pe www.sunarp.gob.pe
137
14. STOCK EXCHANGE SUPERINTENDENCE 16. MINISTRY OF TRANSPORT AND
- SMV COMMUNICATIONS - MTC
(Superintendencia del Mercado de Valores (Ministerio de Transportes y
- SMV) Comunicaciones - MTC)
Phone: +51 1 610 6300 Phone: +51 1 615 7800
www.smv.gob.pe www.mtc.gob.pe
The SMV is a specialized technical institution The MTC is the entity of the Peruvian State
attached to the Ministry of Economy and that seeks to achieve a rational territorial
Finance (MEF) designed to oversee the ordering linked to the areas of resources,
protection of investors, the efficiency and production, markets and population centers,
transparency of the markets under its through the regulation, promotion, execution
supervision, the correct setting of prices, and supervision of the transport and
and the dissemination of all information communications infrastructure.
necessary to achieve these goals. It has
legal status to act in national administrative
17. MINISTRY OF ENERGY AND MINES -
or constitutional law and has complete
MINEM
functional, administrative, economic,
(Ministerio de Energía y Minas - MINEM)
technical, and budgetary autonomy.
Phone: +51 1 411 1100
Social conflicts have also played an important www.minem.gob.pe
role through the years delaying projects or
risking them, which has been reflected on The MINEM is the entity in charge of
evolution of the related regulation as well as promoting the development and use of
the active participation of local stakeholders. energy resources in a rational, efficient
and competitive manner, in a context of
decentralization and regional development,
15. ENVIRONMENTAL ASSESMENT AND
prioritizing private investment, the
FISCALIZATION AGENCY - OEFA
satisfaction of demand, as well as
(Organismo de Evaluación y Fiscalización
employment of renewable energies. Likewise,
Ambiental - OEFA)
it promotes the development of the mining
Phone: +51 1 204 9975
activity watching over legal stability and
www.oefa.gob.pe
the rational exploitation and introduction of
clean technologies.
OEFA is the specialized public technical body,
attached to the Ministry of the Environment,
in charge of promoting compliance with
environmental regulations in economic
agents in order to protect the balance
between investment in economic activities
and environmental protection.
APPENDIX
> 138
INSTITUTIONS
such as:
139
b. Investment Promotion Services – Contacts
PIN (Servicios de Promoción de las • Eduardo Chávarri García
Inversiones - PIN) Ambassador
• Participation in the negotiation Executive Director of Economic Promotion
of Foreign Investment Promotion (DPE)
Agreements Phone: +51 1 204 3360
• Dissemination of investment +51 1 204 3361
opportunities (federal, regional and Fax: +51 1 204 3362
municipal governments) Email: echavarri@rree.gob.pe
• Coordination of international events
for investment promotion (road shows, • Ana Cecilia Gervasi Díaz
videoconferences, fairs, and seminars) Minister
Director of Investment Promotion (PIN)
• Preparation and coordination of an
Bureau of Economic Promotion
agenda for foreign business missions
Phone: +51 1 204 3384
• Dissemination of specialized information
+51 1 204 3385
on foreign investment
Email: agervasi@rree.gob.pe
• Support in the identification of
investment possibilities and strategic • Adriana Velarde Rivas
alliances Minister Counselor
• Dissemination of tenders and Director of Commercial Promotion (PCO)
international bidding processes called by Bureau of Economic Promotion
public and private Peruvian entities Phone: +51 1 204 3369
Email: avelarde@rree.gob.pe
c. Tourism Promotion Services – PTU
(Servicios de Promoción del Turismo - • Luis Chang Boldrini
PTU) Minister
• Dissemination of tourism offer Director of Tourism Promotion (PTU)
• Support for culinary events Bureau of Economic Promotion
Phone: +51 1 3392
• Dissemination of tourism materials
Email: lchang@rree.gob.pe
• Support for tourism promotion fairs
abroad - Address: Jr. Lampa 545, Piso 10 – Lima 1
• Support for agendas involved in the - Phone: +51 1 204 3361
promotion of tourism +51 1 204 3365 (DPE)
• Promotion and negotiation of tourism +51 1 204 3369 (PCO)
agreements +51 1 204 3385 (PIN)
+51 1 204 3392 (PTU)
• Dissemination of tourism information
- Fax: +51 1 204 3362
obtained by our missions
- Email: dpe@rree.gob.pe
- Website: www.rree.gob.pe
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140
2. MINISTRY OF FOREIGN TRADE AND Objectives and guidelines
TOURISM - MINCETUR AND PROMPERU - Design, coordinate, arrange, and execute
policies and actions with the objective of
The Ministry of Foreign Trade and Tourism promoting Peru's image internationally, as
(MINCETUR) defines, directs, carries out, well as promoting its exports
coordinates, and supervises foreign trade - Manage and channel international technical
and tourism policies. In coordination with and financial cooperation to meet its
the Ministry of Foreign Affairs (MRE) and the objectives
Ministry of Economy and Finance (MEF) and
- Participate in the strategic planning for
the other Government sectors in their related
the promotion of exports, as set forth in
areas, it is responsible for the promotion of
Congressional Executive Order 805
exports and international trade negotiations.
The Minister leads international trade - Participate in the design, coordination and
negotiations on behalf of the State and may execution of a strategic plan to promote
sign related agreements. Regarding tourism, investment, in coordination with the
the Ministry promotes, orients, and regulates competent entities
tourism activities in order to encourage the - Design, coordinate, and execute actions
sustainable development thereof, including to promote inbound tourism to Peru and
the promotion, orientation, and regulations domestic tourism within Peru
of handicrafts. - Manage and channel international
financial and technical cooperation for the
Contacts promotion of tourism in Peru
• Rocío Ingred Barrios Alvarado
Minister
Contacts
Address: Calle Uno Oeste 050 Urb. Corpac, • Luis Torres Paz
San Isidro – Lima, Peru Executive President
Phone: +51 1 513 6100
Email: ltorres@promperu.gob.pe
Email: rbarrios@mincetur.gob.pe
Address:
Website: www.mincetur.gob.pe
- General Secretariat: Calle Uno Oeste 050,
Mincetur Building, 13 -14th Floors, San
PROMPERU Isidro –Lima, Peru
PromPeru is the agency of the Ministry of - Exports and Tourism Office: Av. Jorge
Foreign Trade and Tourism (MINCETUR) in Basadre 610, San Isidro – Lima, Peru
charge of developing strategies to produce Phone: +51 1 616 7300
an integrated and attractive image of Peru. +51 1 616 7400
This image will help develop domestic (General Secretariat)
tourism and promote the country to the +51 1 616 7300
world as a privileged destination for inbound +51 1 616 7400
tourism and investment. It is also in charge of (Exports and Tourism Office)
promoting Peruvian exports. Email: webmaster@promperu.gob.pe
Website: www.promperu.gob.pe
APPENDIX
141
PERU BRAND 3. AGENCY FOR THE PROMOTION OF
This project is led by the Commission for the PRIVATE INVESTMENT (PROINVERSIÓN)
Promotion of Peru for Exports and Tourism
(PromPeru) with the support of the Ministry ProInversión is a public entity attached to the
of Foreign Affairs (MRE) and ProInversión. Ministry of Economy and Finance (MEF) and
The primary objective of the Peru brand is is in charge of executing the national policy
to endorse the country's image, building and for promoting private investment.
protecting its international reputation. It thus Its mission is to promote investment via
seeks to become the seal that accompanies agents in the private sector, in order to boost
everything originating in Peru and which Peru's competitiveness and sustainable
represents the country beyond its borders. It development and thus improve the wellbeing
focuses on three main areas of promotion: of the population.
142
c. Post-Incorporation 4. ASSOCIATION FOR THE PROMOTION OF
• Establishment of a network of contacts NATIONAL INFRASTRUCTURE – AFIN
with public and private companies
• Guidance for the expansion of the AFIN is an association of Peruvian companies
business which has signed a Concession Agreement
• Identification of administrative barriers with the Government in order to build,
operate and maintain public infrastructure
Contacts projects, in sectors such as energy,
• Rafael Ugaz Vallenas transport, telecommunications, health,
Executive Director sanitation, among others. It also includes
Address: Main Office (Lima): Av. Enrique other kind of associates who are involved in
Canaval Moreyra 150, 9th Floor, infrastructure projects such as accounting
San Isidro – Lima, Peru firms (EY is an associate of AFIN), law firms,
Phone: +51 1 200 1200 among others.
Fax: +51 1 221 2941
Email: rugaz@proinversion.gob.pe Objectives and Guidelines:
Website: www.proinversion.gob.pe - Encourage the development of
infrastructure, contributing to the economic
• Decentralized offices: growth and poverty reduction in the
- Arequipa: Pasaje Belen 113 – Vallecito, country
Arequipa - AFIN submits legislative proposals agreed
Phone: +51 54 608 114 with its associates on issues affecting
Fax: +51 54 608 115 the development of infrastructure to
- Piura: Los Palmitos Mz. Ñ Lote 13, Urb. the Congress and/or the Government,
Santa María del Pinar, Piura depending on the specific matter.
Phone: +51 73 309 148
Fax: +51 73 310 081 Contact
• Leonie Roca Voto Bernales
President
• Juan Pacheco Romaní
General Manager
Address: Av. Jorge Basadre 310, Office
601 – D, San Isidro – Lima, Peru
Phone: +51 1 441 1000
Email: comunicaciones@afin.org.pe
Website: www.afin.org.pe
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143
5. PERUVIAN CHAMBER OF CONSTRUCTION both Peruvian and international, especially
– CAPECO supporting the decentralization of
production. As a complementary activity, it
The Peruvian Chamber of Construction conciliates interests and manages arbitration
(CAPECO) is a business institution created proceedings in an affordable and democratic
in 1958 with the purpose of grouping and manner between companies or business
representing all those who work in the people, trying to ensure quick and friendly
construction activity in the country. Its vision agreements.
is to contribute to the national development
and to improve the quality of life of Peruvians The mission of the Lima Chamber of
through responsible construction. Commerce (CCL) is to promote the
development of free enterprise, ensuring
Contact respect for the business community's
• Humberto Martínez legitimate rights and facilitating business
President opportunities, providing assistance and
Address: Av. Victor Andrés Belaunde 147, services, and incentivizing competitiveness.
Real 3 Building, Office 401, San The vision of the Lima Chamber of
Isidro, Lima – Peru Commerce (CCL) is to be the country's
Tel: +51 1 230 2700 leading business association, respected by
Website: www.capeco.org society and a reference point for the opinion
of the business class.
144
7. PERUVIAN FOREIGN TRADE ASSOCIATION 8. NATIONAL CONFEDERATION OF PRIVATE
- COMEXPERU BUSINESS INSTITUTIONS - CONFIEP
Contact
• María Isabel León de Céspedes
President
Address: Av. Victor Andrés Belaunde 147,
Real Tres Building, Office 401,
San Isidro, Lima – Peru
Phone: +51 1 415 2555
Fax: +51 1 415 2566
Website: www.confiep.org.pe
APPENDIX
145
9. ASSOCIATION OF CAPITAL MARKETS 10. inPERU
BUSINESS PROMOTERS - PROCAPITALES
inPERU was established on January 11,
The Association of Capital Markets Business 2012 as a non-profit corporation to promote
Promoters (Procapitales) brings together the investment towards Peru in the principal
principal actors in the market, channeling international financial markets, seeking
their concerns and proposals. It acts as a an exchange of better practices and, in
business guild to focus fundamentally on general, providing information on Peru
promoting investment and capital markets. as a destination of multiple investment
It speaks on behalf of its associates to the opportunities. The incorporations of inPERU
public sectors with proposals to reduce consist of the following private institutions:
legal costs and bureaucratic barriers that Lima Stock Exchange (BVL), Cavali, Private
hinder easy market access. The institution's Pension Fund Management Association
principal objective is to encourage an (AAFP), Banking Association of Peru
efficient legal framework and appropriate (ASBANC), Procapitales, Peruvian Finance
corporate governance practices. Association (APEF), National Confederation
of Private Business Institutions (CONFIEP)
Objectives and Guidelines
and the Peruvian Association of Insurance
- Promote the development of new
Companies (APESEG).
investment instruments
- Encourage access by new issuers of fixed- It also has the support of the Peruvian
income and equity securities State through the Ministry of Economy and
- Promote the mobilization of institutional Finance (MEF), the Ministry of Foreign Trade
investor resources through new and Tourism (MINCETUR), the Ministry of
intermediary vehicles Foreign Relations (MRE), the Central Reserve
- Actively promote improvements in Bank of Peru (BCRP), the Superintendence
legislation and the regulation of the capital of Banking, Insurance and Pension Fund
market Management Companies (SBS), the
- Publicize and encourage the Superintendence of the Stock Market (SMV),
implementation of good corporate ProInversión and PromPeru.
governance practices
- Create a permanent, proactive, and
organized space for dialogue and
interaction between agents in the market,
including the regulatory and supervisory
institutions
- Contribute to the institutional strengthening
of agents participating in the capital market
Contact
• Miguel Eduardo Puga De La Rocha
President
Address: Av. Canaval y Moreyra 230, Office
5A, San Isidro, Lima – Peru
Phone: +51 1 440 1080
Website: www.procapitales.org
APPENDIX
146
11. NATIONAL ASSOCIATION OF INDUSTRIES 12. PERUVIAN ASSOCIATION OF EXPORTERS
– SNI - ADEX
Contact
• Manuel Fumagalli Drago
President
Address: Calle Francisco Graña 671,
Magdalena del Mar, Lima – Peru
Phone: +51 1 215 9250
Fax: +51 1 460 1616
Email: postmaster@snmpe.org.pe
Website: www.snmpe.org.pe
APPENDIX
147
14. PERUVIAN ASSOCIATION OF PORT 16. PERUVIAN AUTOMOTIVE ASSOCIATION
OPERATORS (ASOCIACIÓN PERUANA DE - AAP (ASOCIACIÓN PERUANA
OPERADORES PORTUARIOS) AUTOMOTRIZ - AAP)
Contact Contact
• José Vicente Silva Vidaurre • Armando Negri Piérola
President President
Address: Av. Camino Real 479, Office 701 Address: Av. República de Panamá 3956,
– A, Lima - Peru Surquillo, Lima – Peru
Phone: +51 1 440 0143 Tel: +51 1 640 3637
Website: www.asppor.org.pe Email: aap@aap.org.pe
Website: www.aap.org.pe
Contact Contact
• Marco del Río Arrieta • Martín Naranjo Landerer
President President
Address: Av. Camino Real 348, Torre El Address: Calle 41 No 975, Urb. Córpac,
Pilar, Office 703, San Isidro, Lima San Isidro, Lima – Peru
– Peru Phone: +51 1 612 3333
Phone: +51 1 99 983 438 Fax: +51 1 612 3316
Email: info@adiperu.pe Website: www.asbanc.com.pe
Website: www.adiperu.pe
APPENDIX
> 148
Jorge Leturia
EY Law Environmental Leader
jorge.leturia@pe.ey.com
+51 1 417 3561
APPENDIX
149
MERGERS AND ACQUISITIONS ADVISORY TRANSACTION INTEGRATION
Mergers and acquisitions, at either the holding Providing commercial and operational due
company or asset level, require specific diligence, integration planning and methodology
knowledge and skills in order to complete development, synergy assessment, and
transactions. The knowledge and skills required integration program management; corporate
relate to the regulatory environment, including strategy advice on market opportunities and
the rules and regulations of each country's areas to exploit along the value chain, as well
stock exchange, accounting, legal, structuring as practical operational advice in areas such
and taxation disciplines in addition to an as overhead and capital expenditure cost
understanding of transaction value-drivers. reduction, process efficiency, supply chain and
procurement, and in functional areas such as
finance and human resources.
TRANSACTIONS ADVISORY
150
VAT EARLY RECOVERY CUSTOMS
LEGAL SERVICES
> 151
EY THOUGHT
LEADERSHIP
Discover our latest insights and studies.
Visit our website www.ey.com/pe and stay updated.
The EY Global Capital Confidence Barometer Key information on the mining and metals
gauges corporate confidence in the economic industry in Peru, to assist investors in making
outlook and identifies boardroom trends and decisions regarding the exploration and
practices in the way companies manage their development of new extractive projects.
Capital Agendas.
To improve resilience planning, cities must While the social and economic impacts of the
evaluate the community-based networks already COVID-19 pandemic continue to play out on
in place and how they can be strengthened. the global stage, questions remain over how
investors will direct capital to support the
economic recovery. Accordingly, investors are
increasingly using nonfinancial factors in their
assessment of a company's performance,as
they look to build insight into longterm value.
TAX FRAMEWORK
152
ACKNOWLEDGEMENTS
Martín Aliaga Guiseppe Gallucio Paulo Pantigoso
Carlos Aspiros Raúl Lizardo García César Peñaranda
Miryam Banda Ana Cecilia Gervasi Alejandro Prieto
Vanessa Barzola Adriana Gianotti Giancarlo Riva
Víctor Bohórquez Jorge Leturia Christian Salazar
Juan Carlos Cáceres Miya Mishima Mauro Ugaz
Juan Jose Cárdenas Diego Moschella Rafael Ugaz
Eduardo Chávarri José Miguel Nieto Manuel Rivera
Flavia Dyer Nathalie Ninuma Solange Vega
Valeria Galindo Enrique Oliveros Brigitte Viñas
153
Infrastructure
Investment
Guide
STATEMENT
2020/2021
This publication contains summarized information and is therefore
intended solely as a general reference guide for facilitating
potential business.
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