Peru: Clarifications to the prior consultation process in the electricity subsector have been approved

In brief

On 4 September 2024, Ministerial Resolution No. 349-2024-MINEM/DM ("Resolution 349") was published. Resolution 349 clarifies Ministerial Resolution No. 104-2024-MINEM/DM ("Resolution 104"), which approved the administrative measures to be carried out during the prior consultation process in the electricity subsector.


Contents

In more detail

  • It specified the administrative measure to be carried out during the prior consultation process for projects executed under concession contracts resulting from bids conducted by Proinversión. Thus, Resolution 349 modifies paragraph 8 of Section 1 of Resolution 104 as follows:
Administrative Measure No. 8 Stage of the prior consultation process
Approval of the final-level engineering of the project under the Concession Contract resulting from the private investment promotion process conducted by Proinversión or the equivalent act provided for in the aforementioned contract. Prior to the issuance of the final engineering conformity of the project corresponding to the Concession Contract or the equivalent act provided for in the aforementioned contract.

 

  • For projects in which the evaluation of the right to prior consultation began before 4 September 2024, the General Directorate of Electricity or the General Directorate of Rural Electrification may identify another administrative measure to allow the evaluation to continue.

Resolution 349 maintains that for investment projects involving indigenous or native peoples, the prior consultation process must be evaluated before construction begins.

We hope this information is of relevance to you and your company. Please do not hesitate to contact us if you require any advice in this regard.

Click here to access the Spanish version.

* * * * *

LOGO_Peru Estudio Echecopar_Lima

© 2024 Estudio Echecopar. All rights reserved. Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.


Copyright © 2024 Baker McKenzie. All rights reserved. Ownership: This site (Site) including all documentation and content (Content) is a Copyright © 2022 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.