On 26 March, 2022, Legislative Decree No. 1542 was published, by which certain provisions contained in the Law on Customs Offenses was approved by Law No. 28008.
The objective of these modifications is to seek a clearer process regarding the investigation and termination of customs offences.
By Legislative Decree No. 1531, published on 19 March 2022, various provisions of the General Law of the Financial and Insurance Systems and Organic Law of the Superintendence of Banking and Insurance were amended. A few months ago, Congress authorized the Executive Power to legislate on financial matters in order to promote greater competition in the provision of transportation service and custody of money and values, with further aim of strengthening the solvency and stability of the financial system in order to safeguard savings account holders, optimize processes in the entities of the financial system, and foster greater competition in the financial entities that are under the supervision of the Superintendency of Banking and Insurance.
For all current and potential investors in a country, understanding the legislation, the system, the guarantees and other nuances of local regulations is important, especially as the legal framework is constantly evolving. This is why Estudio Echecopar, member firm of Baker & McKenzie International, has put together Doing Business in Peru 2022, a handbook that offers find useful and current information related to the legal framework that every investor must take into account to operate in the country.
Certain importers may continue to use prohibited adhesives
Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual Commission on Dumping, Subsidies and Non-Tariff Trade Barriers has granted the interim measure requested by various importers of industrialized food and beverages and the Chamber of Commerce of Lima to allow the use of adhesives for the posting of advertising warnings on said imported products. See Resolution No. 012-2022/CDB-INDECOPI.
INDECOPI has established a criterion of interpretation regarding the prohibition of disseminating misleading advertising material referring to promotional prices or discounts, in accordance with the provisions of Legislative Decree No. 1044 (“Law on Repression of Unfair Competition”).
The Ministry of Women and Vulnerable Populations has opened a new call for companies to participate in the certification process called “Empresa Segura, Libre de Violencia y Discriminación contra la Mujer” (Safe Enterprise, Free of Violence and Discrimination Against Women). This certification recognizes companies with the best practices in terms of gender equality in employment and gives benefits in the recruitment processes with the state to companies with the best results. Companies have up to 30 March 2022 to register and participate in this new edition of the certification process.
Given the on-going COVID-19 health emergency, the Commission of the Andean Community has recently extended exceptional and temporary provisions applicable to health products (cosmetics, household hygiene products and absorbents for personal use).
On Saturday, 11 December, Resolution No. 00028-2021-OEFA/CD was published, through which the Environmental Monitoring Report Registration Module was created and the Environmental Monitoring Report Registration procedure approved.
Supreme Decree No. 179-2021-PCM stipulates as follows: “14.7. From 10 December 2021, any person who performs on-site work must provide proof of their complete vaccination against COVID-19, vaccines administered both in Peru and abroad being valid.
Through Ministerial Resolution No. 1275-2021/MINSA, the technical document, “Guidelines for Surveillance, Prevention and Control of Workers Health” (“R.M. No. 972-2020-MINSA”) has been repealed, and the directive laying down new provisions for the surveillance, prevention and control of workers’ health is adopted.