Alert
Maritime Alert - June 2026
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June 26, 2026
Supreme Decree No. 014-2026-MTC
Supreme Decree No. 014-2026-MTC approves the Regulation governing the Cabotage Promotion Mechanisms established under Article 2 of Law No. 32049, which supplements and amends Legislative Decree No. 1413.
Key Amendments
- Objective of the Regulation: The purpose of the Regulation is to establish Supervised Innovation Programs, of a temporary nature, as cabotage promotion mechanisms in the areas of public policy and regulation, aimed at fostering commercial maritime freight transport in the domestic cabotage market. To this end, the Regulation seeks to promote cargo consolidation and the development of logistics and technological infrastructure, with a focus on innovation, consumer protection, regulatory efficiency, and the promotion of free competition.
- Key Promotion Mechanisms: The most significant measures include:
- Facilitating access to the cabotage market, including schemes that allow the participation of foreign-flagged vessels under certain conditions.
- Streamlining administrative procedures, particularly those relating to authorizations, permits, and operational oversight.
- Relaxing operational restrictions to promote a more dynamic market and foster competition.
- Strengthening inter-institutional coordination among maritime, port, and customs authorities.
- Creation of the Supervised Innovation Programs:
- One of the Regulation's key innovations is the creation of the Supervised Innovation Programs, under which individuals and legal entities—whether domestic or foreign, public or private—may submit innovative proposals related to commercial maritime freight transport in the cabotage market.
- These programs allow eligible projects to operate temporarily under an exceptional regulatory framework, provided they have been evaluated and approved by the Ministry of Transport and Communications through the Office of the Vice Minister of Transport.
- The Regulation allows applicants to request approval of a Supervised Innovation Program where the proposed initiative requires regulatory flexibility or an exemption in order to be implemented, or where there is uncertainty as to whether the proposal complies with the existing transport regulatory framework due to the incorporation of technologies, processes, or business models not contemplated by current regulations. However, the Regulation expressly provides that this mechanism may not be used to circumvent legal obligations or to regularize prohibited or unlawful activities.
- Exceptional Regime – Regulatory Exemptions and Regulatory Flexibility:
- The Regulation introduces an exceptional regime that may include temporary regulatory exemptions or regulatory flexibility. A regulatory exemption allows for the temporary waiver of certain obligations established under the legal framework governing commercial maritime freight transport in the cabotage market. Regulatory flexibility, in turn, allows the scope of certain obligations to be adjusted without eliminating them entirely.
- In addition, the exceptional regime may include the temporary granting or waiver of authorizations, licenses, permits, or other equivalent requirements, as well as the implementation of virtual platforms or similar mechanisms to facilitate the operation of the program..
- Technical Evaluation Committee:
- The Regulation establishes a Technical Evaluation Committee, a collegiate body responsible for assessing the admissibility of proposals, recommending their approval or rejection, evaluating extension requests, recommending either regulatory conformity or the implementation of the exit plan, and proposing regulatory improvements relating to the Supervised Innovation Programs.
- The Regulation also provides that the Committee's Technical Secretariat will be entrusted to the General Directorate of Multimodal Transport Policy and Regulation, which will provide technical and administrative support, review the application dossier, and coordinate the monitoring of information relating to the programs.
- The Technical Evaluation Committee must issue at least one annual call for the submission of Innovative Proposals. The call for applications will be published on the Ministry of Transport and Communications' official website and disseminated through its digital platforms or other communication channels.
- Financial Guarantees and Civil Liability Insurance:
- From both a legal and operational perspective, one of the Regulation's most significant additions is the requirement to provide either a bank guarantee or a surety bond issued by an entity supervised by the SBS, demonstrating the applicant's financial capacity.
- In addition, the Regulation requires applicants to obtain a civil liability insurance policy issued by an insurance company authorized by the SBS to cover any damages or losses that may be caused to the State or third parties during the implementation of the Supervised Innovation Program.
- Scope of Application: The Regulation applies to:
- Shipowners and vessel operators engaged in commercial maritime cabotage transport.
- Maritime agencies, logistics operators, and port operators involved in the transport chain.
- Competent authorities, including the Maritime Authority (DICAPI), the National Port Authority, and other relevant sectoral authorities.
- Legal and Regulatory Implications: From a legal and regulatory standpoint, the Regulation has several significant implications:
- The progressive opening of the cabotage market, which may alter the traditional competitive structure of Peru's maritime sector.
- A reconfiguration of the market access regime, particularly regarding the participation of foreign-flagged vessels.
- A reduction in administrative barriers, requiring operators to adapt their regulatory compliance processes.
- Potential implications for carrier liability, particularly in multimodal transport arrangements or where transport insurance contracts are involved.
- Legislative Decree No. 1413 and its framework for the promotion of cabotage.
- The regulations governing maritime safety issued by DICAPI, as well as, where applicable, the legal framework governing transport insurance and maritime civil liability.
- Key Risks and Considerations: The implementation of the new regime may give rise to several risks and areas of legal uncertainty, including:
- Potential interpretative disputes regarding the scope of participation by foreign-flagged vessels.
- Regulatory risks arising from non-compliance with operational and safety requirements.
- The impact on existing contracts, particularly transport, charterparty, and insurance agreements.
- Increased exposure to litigation or arbitration resulting from the entry of new market participants.
- Potential suspension or cancellation of approved programs, as well as the enforcement of financial guarantees in the event of non-compliance or harm to users.
- Risks associated with the protection of confidential information submitted to the Ministry of Transport and Communications.
- The need to coordinate the exceptional regime with the applicable maritime, port, customs, and sector-specific authorizations.
- Practical Recommendations:
- Operators interested in submitting an Innovative Proposal should conduct a prior assessment of the legal, technical, and economic feasibility of the project, identifying the regulatory obligations that would require flexibility or exemption and substantiating why such measures are necessary for the implementation of the program.
- Applicants should also prepare the application dossier in advance, paying particular attention to the legal and technical supporting documentation, the risk mitigation plan, the exit plan, the required financial guarantees, and the civil liability insurance policy. In addition, the potential impact of the program on existing contractual arrangements and the allocation of responsibilities vis-à-vis users, third parties, authorities, and insurers should be carefully evaluated.
- Finally, companies should closely review the conditions set forth in the Vice-Ministerial Resolution approving the Supervised Innovation Program, as failure to comply with those conditions may result in the suspension or cancellation of the program, as well as the enforcement of the financial guarantees.