NO

ASPECTS

DESCRIPTION

1.

Legal and Regulatory Framework

• Legislative Decree 1012 - Approves the Public-Private Partnership Framework Law for the Generation of Productive Employment and dictates regulations for the streamlining of Private Investment Promotion Processes ('PPP Law').

• Supreme Decree 127-2014-EF - Regulation of the Public-Private Partnership Framework Law. Modified by Supreme Decree N° 376-2014-EF.

• Supreme Decree 059-96-PCM - Single Ordered Text of Rules that regulates the granting in concession to the private sector of Public Infrastructure Works and Public Services.

• Supreme Decree 060-96-PCM - Regulations for the Single Ordered Text of Rules that regulate the granting in concession to the private sector of Public Infrastructure Works and Public Services.

• Law 29951 - Public Sector Budget Law for Fiscal Year 2013 (96th Complementary and Final Provision).

• Legislative Decree 674, which declares of national interest the promotion of private investment in Government companies

• Law 27701, through which provisions are established to guarantee matching rules between privatization and concession processes and regulatory legislation.

• Law 28059, Decentralized Investment Promotion Framework Law and its regulations, approved by Supreme Decree N° 015-2004-PCM and its amendments

• Law 26885 - Law of Incentives to concessions of Public Infrastructure Works and Public Services.

• Supreme Decree N° 132-97-EF - Approves the regulation of tax benefits for private investment in Public Infrastructure Works and Public Services

• Supreme Decree 054-2013-PCM - Approves Special Provisions for the Execution of Administrative Procedures applicable to public-private partnership projects.

• Article 22 of Law 27785, Law of the National Control System and the Comptroller General of the Republic, which establishes the powers of the Comptroller General of the Republic to inform in advance about transactions, bonds, and other guarantees granted by the Government, including Final Draft of the PPP Contracts, which compromises its credit or financial capacity, whether they are negotiations in the economy or abroad.

2.

Government Agencies Involved

• Agencia de Promoción de la Inversión Privada [Private Investment Promotion Agency] - PROINVERSION, it leads and conducts private investment promotion processes (promotion of private investment in infrastructure and public services through PPPs), receives and makes the arrangements for Self-sustained Private Initiatives (PI) of national reach and those co-financed for infrastructure and public services, whether of a national, regional or local reach. Also, PROINVERSION has the capacity to identify and formulate public infrastructure work or provision of public services projects susceptible of being promoted under the scheme of public private partnerships.

• Ministry of Economy and Finance - as the central budget authority and the entity that sets policy on private investment, it issues the initial opinion in case of projects that require guarantees or are co-financed by the Government. It also issues favorable opinion regarding the final version of contracts in promotion processes and in the assessment process of a co-financed PI.

• Ministries - they ask PROINVERSION to conduct the private investment promotion processes in the projects the Ministries have prioritized, coordinate with PROINVERSION during the promotion process and must deliver an opinion on the final version of the contract. In the case of a PI, they issue an opinion during the assessment of the initiative for the declaration of interest and they coordinate with PROINVERSION during the process.

• Regulatory organisms- they coordinate when necessary with PROINVERSION during the promotion process and issue favorable opinion on the final version of the contract. In the cases of PI, they issue an opinion during the assessment of the initiative for the declaration of interest.

• Comptroller General of the Republic - it is involved in all matters that compromise the creditworthiness or the financial capacity of the Government. During the promotion process, it issues an advanced report in the cases in which the projects involve co-financing or guarantees from the Government.

• Regional Governments - They are empowered to conduct private investment promotion processes which are within their jurisdiction and area of responsibility. They receive the self-sustained PI submitted and which correspond to their jurisdiction and area of responsibility. Regional Governments can ask PROINVERSION to conduct private investment promotion processes on their behalf.

• Local Governments- They are empowered to conduct private investment promotion processes that are within their jurisdiction and area of responsibility. They receive self-sustained PI submitted and which correspond to their jurisdiction and responsibility. Local Governments can ask PROINVERSION to conduct private investment promotion processes on their behalf.

3.

Supporting Agencies

• They are mentioned in point 4.