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Alert Transport and Communicactions – May 2020

ALERT – TRANSPORT

List of procedures related to transport infrastructure APP projects that are not subject to the suspension of deadlines is approved

On May 26, 2020, Ministerial Resolution No. 0284-2020-MTC/01.02 was published in the Official Gazette “El Peruano”, which approved the list of procedures related to Public Private Partnership (APP) projects in transport infrastructure currently being processed by the Ministry of Transport and Communications (“MTC“), considered in Phase 1 of the “Resumption of Activities” approved by Supreme Decree No. 080-2020-PCM, the processing of which is not subject to the suspension of deadlines provided for by Emergency Decree No. 029-2020 (and its extensions).

Specifically, the procedures are as follows:

(i) Contractual amendment procedure.

(ii) Procedure for registering and canceling assets.

(iii) Dispute resolution procedure.

(iv) Issuance of the Board Resolution for the approval of technical files.

(v) Signing of minutes of agreement for the preparation of studies, execution of works, definitive solutions, among others, according to the definition of each Concession Contract.

(vi) Extension procedure for studies and execution of work.

(vii) Financial closing procedure, guaranteed indebtedness allowed, among others, that have the purpose of accrediting resources, according to the definition of each Concession Contract.

It should be noted that the deadlines for these proceedings shall resume on May 27, 2020. Likewise, the resolution provides that these must be processed through the MTC’s Bureau of Parties, located at Jirón Zorritos No. 1203, district of Cercado de Lima.

Finally, it is mentioned that the procedures in question shall be handled by the General Directorate for Transport Programs and Projects, which shall be responsible for carrying out the necessary actions to comply with the provisions of the resolution under comment.

For further information, please contact Verónica Sattler (vsattler@estudiorodrigo.com) and/or Diana Briones (dbriones@estudiorodrigo.com).