On Sunday, September 10, 2023, Supreme Decree N° 195-2023-EF, issued by the Ministry of Economy and Finance, was published in the Official Gazette “El Peruano”, which approves the Sole Ordered Text of Legislative Decree No. 1362, Legislative Decree that regulates the Promotion of Private Investment through Public-Private Partnerships and Projects in Assets (the “TUO”).
The TUO has been published in order to systematize the various amendments incorporated to Legislative Decree No. 1362 by Legislative Decrees No. 1543 and 1550, which were published some time ago. This is in compliance with the Sixth Final Complementary Provision of Legislative Decree N°1543, which established that the Ministry of Economy and Finance will approve by Supreme Decree the TUO of Legislative Decree N° 1362.
The amendments incorporated by Legislative Decree N° 1543 were aimed at implementing special measures to facilitate the processing, evaluation and approval of procedures to be carried out by State entities and to optimize the execution of private investment projects. In addition, they were intended to improve and consolidate the rules applicable to Public-Private Partnerships and Asset Projects and to incorporate integral project management models to improve public-private investment.
On the other hand, the amendments incorporated by Legislative Decree N° 1550 were aimed at improving the budget capacity evaluation processes based on the information available in each phase of the Public Private Partnership projects.
Finally, it is important to mention that this regulation becomes effective as of the day following its publication, i.e. September 11, 2023.
For further information, please contact Verónica Sattler (vsattler@estudiorodrigo.com), Diana Briones (Dbriones@estudiorodrigo.com) and/or Arianna Robello (arobello@estudiorodrigo.com).
