Law No. 32049 has been recently published in the Official Gazette El Peruano, which complements and amends Legislative Decree No. 1413, to promote and facilitate maritime transportation in cabotage traffic of passengers and cargo.
The amendments introduced are as follows:
1. Definition of cabotage.
It is established that cabotage is understood as the transportation of cargo or passengers, from national origin to national destination, which is carried out through ports of the Republic.
Likewise, it is specified that the transportation of cargo or passengers between national ports that have as origin or final destination foreign ports shall be considered international maritime traffic and not cabotage.
2. Access to maritime cabotage of passengers and cargo
The obligation to be incorporated in the country and to have an Operating Permit from the General Directorate of Aquatic Transportation of the Ministry of Transportation and Communications is eliminated, which allows foreign shipping companies access to national maritime cabotage.
3. On the Role of the Ministry of Transportation and Communications
It establishes the duty of the MTC to promote and facilitate the commercial water transportation of cargo in cabotage traffic, taking into consideration innovation, consumer protection, regulatory efficiency and the promotion of free competition.
In addition, in the final complementary provisions it is specified that the Executive Power:
1. Within a term not to exceed sixty calendar days from the effective date of the Law, it must adapt the Regulations of Legislative Decree 1413.
2. Within a term not to exceed ninety calendar days from the effective date of the Law, it shall regulate by means of a supreme decree the mechanisms for the promotion of cabotage indicated in point 3 above.
For further information, please contact Omar Cordova (ocordova@estudiorodrigo.com) and/or Fiorella Bustamante (fbustamante@estudiorodrigo.com).
