Infrastructure Alert - February 2026
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AMENDMENT TO LAW NO. 32441, LAW REGULATING THE PROMOTION OF PRIVATE INVESTMENT THROUGH PUBLIC-PRIVATE PARTNERSHIPS AND ASSET PROJECTS
On February 4, 2026, Legislative Decree No. 1712 (the “DL 1712”) was published, amending Law No. 32441, the Law Regulating the Promotion of Private Investment through Public-Private Partnerships and Asset Projects (“PPP and PA Law”).
DL 1712 introduces specific changes to the PPP and PA Law, aimed at strengthening institutional capacity and clarifying responsibilities within the framework of the National System for the Promotion of Private Investment (“SNPIP”), as well as optimizing the management and development of projects under the Public-Private Partnership (“PPP”) and Asset Project (“PA”) modalities.
In this regard, Decree Law 1712 establishes the following modifications:
- Investment monitoring and specialized support: It is specified that the General Directorate of Private Investment Promotion Policy of the Ministry of Economy and Finance (“MEF”) performs the function of support, monitoring, coordination, and simplification in all phases of PPP and PA projects.
- Functions of the Executive Presidency of PROINVERSIÓN: Functions are incorporated under the responsibility of the Executive Presidency of PROINVERSIÓN, such as the ratification of agreements of the Special Investment Committees that approve the main milestones of PPP and PA projects whose Total Investment Cost does not exceed 300,000 Tax Units (UIT), after verifying the consistency of the process.
- Special Investment Committees: It is specified that the Special Investment Committees report to the Board of Directors of PROINVERSIÓN (not to the Executive Presidency of PROINVERSIÓN).
- Project Incorporation into the Promotion Process: It is clarified that the Board of Directors of PROINVERSIÓN approves the incorporation of projects into the promotion process (not the Executive Presidency of PROINVERSIÓN).
- National Registry of Public-Private Partnership Contracts: It is clarified that the General Directorate of Private Investment Promotion Policy of the Ministry of Economy and Finance (MEF) is responsible for administering the National Registry of PPP Contracts (not PROINVERSIÓN).
- Transfer of documentary records, assets, and personnel: The paragraph in the Sixth Final Complementary Provision that ordered the MEF to transfer the documentary records corresponding to its "previous exercise" as the governing body of the National System of Public Investment Promotion (SNPIP) is eliminated.
The provisions incorporated by Legislative Decree 1712 are effective from the day following their publication in the Official Gazette El Peruano.