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Infrastructure Alert – October 2020

ALERT- INFRASTRUCTURE

Methodological Guide for Public-Private Partnerships is Adopted

On October 2, 2020, Directorial Resolution No. 004-2020-EF/68.01 was published in the Official Gazette “El Peruano”, by which the Ministry of Economy and Finance (“MEF“) adopted and ordered the publication of the Methodological Guide for Public-Private Partnerships (the “Guide“).

The Guide aims to explain the application of the rules related to Public-Private Partnerships (“PPP“), through the graphic representation and description of the processes corresponding to the Ministries, Regional Governments, Local Governments or other public entities involved in PPP projects.

The Guide is also proposed as a tool that may be used by the private sector as a reference to better understand the process of developing a PPP. In this regard, it must be noted that the Guide is a non-regulatory working document that contains guidelines and does not condition or limit the powers of the General Directorate of Private Investment Promotion Policy of the MEF.

The Guide is divided into two parts:

1. “General information according to PPP regulations”, which includes a description of (i) the definition of PPP, (ii) the reasons for developing a PPP, (iii) the guiding principles of PPP, (iv) the National Private Investment Promotion System, (v) the typical structure of a PPP, (vi) the classification of PPP, (vii) the origin of PPP and (viii) the contractual modalities; and,

2. “Phases, documents and flowcharts”, whose purpose is to be a dynamic and easily understood instrument for the development of PPP processes, which presents, through a logical sequence, the stipulated deadlines and the responsibilities of each actor involved in the development of a PPP.

The Guide may be accessed at the following link.

For further information, please do not hesitate to contact Verónica Sattler (vsattler@estudiorodrigo.com), Alejandro Manayalle (amanayalle@estudiorodrigo.com) and/or Diana Briones (dbriones@estudiorodrigo.com).