Supreme Decree No. 120-2019-PCM Approving the Regulations of Law No. 28024 on the Management of Interests in Public Administration

El Peruano / Monday, July 1, 2019 LEGAL NORMS 3 EXECUTIVE BRANCH PRESIDENCY OF THE COUNCIL OF MINISTERS Supreme Decree approving the Regulations of Law No. 28024 - Law regulating the management of interests in public administration SUPREME DECREE No. 120-2019-PCM THE PRESIDENT OF THE REPUBLIC CONSIDERING:
That, with the aim of ensuring transparency in the actions of the State and regulating the management of interests in the scope of public administration, Law No. 28024 - Law regulating the management of interests in public administration was issued; That, by means of Supreme Decree No. 099-2003-PCM the Regulations of Law No. 28024 - Law that regulates the management of interests in public administration were approved; That, Law No. 28024 - Law regulating the management of interests in public administration, was modified by Legislative Decree No. 1353 and by Legislative Decree No. 1415; both norms produced substantial changes in the Law that make it necessary to adapt its Regulations; That, the Third Final Complementary Provision of Legislative Decree No. 1415 provides that the new Regulations of Law No. 28024 - Law regulating the management of interests in public administration, shall be approved by supreme decree; That, given the foregoing, it is necessary to approve the new Regulations of Law No. 28024 - Law regulating the management of interests in public administration; In accordance with what is provided in paragraph 8 of
Article 118 of the Political Constitution, Law No. 28024 -
Law regulating the management of interests in public administration; and, Legislative Decree No. 1415 - Legislative Decree modifying Law No. 28024, Law regulating the management of interests in Public Administration; DECREES:
Article 1.- Approval of the Regulations
The Regulations of Law No. 28024 - Law regulating the management of interests in public administration are approved, which consists of five (5) Titles, nineteen (19) Articles, four (4) Final Complementary Provisions and four (4) Transitional Complementary Provisions, which form an integral part of this supreme decree.
Article 2.- Publication
Order the publication of this supreme decree and the Regulations approved by Article 1, in the Official Newspaper El Peruano as well as in the Institutional Portal of the Peruvian State (http://www.peru.gob.pe), of the Presidency of the Council of Ministers (http://www.gob.pe/ pcm), and of the Ministry of Justice and Human Rights (http://www.gob.pe/minjus) on the same day of its publication in the Official Newspaper El Peruano.
Article 3.- Financing
The implementation of what is provided in the Regulations approved in Article 1, shall be funded from the institutional budget of the involved entities, without demanding additional resources from the Public Treasury.
Article 4.- Countersignature
This supreme decree is countersigned by the
President of the Council of Ministers and by the Minister of Justice and Human Rights. COMPLEMENTARY PROVISION DEROGATORY Single.- Derogation Supreme Decree No. 099-2003-PCM approving the Regulations of Law No. 28024 – Law regulating the management of interests in public administration is derogated. Given in the Government House, in Lima, on the twenty-eighth day of the month of June of the year two thousand nineteen. MARTÍN ALBERTO VIZCARRA CORNEJO President of the Republic SALVADOR DEL SOLAR LABARTHE President of the Council of Ministers VICENTE ANTONIO ZEBALLOS SALINAS Minister of Justice and Human Rights REGULATIONS OF LAW NO. 28024

• LAW REGULATING THE MANAGEMENT OF INTERESTS
  IN PUBLIC ADMINISTRATION
  TITLE I
  GENERAL PROVISIONS
  Article 1.- Object
  These Regulations develop the scope and procedures of Law No. 28024 - Law regulating the management of interests in public administration, to ensure integrity in the actions of the State and in the activities of persons who perform management acts. For the purposes of these Regulations, any reference to the "Law" refers to Law No. 28024.
  Article 2.- Scope of application and oversight over
  the matter
  2.1. The following are within the scope of application of
  these Regulations: entities of public administration referred to in paragraphs 1 to 7 of Article I of the Preliminary Title of the Unified Text of Ordinances of Law No. 27444, approved by Supreme Decree No. 004- 2019-JUS and companies included in the business activity of the State.
  2.2. The Secretariat of Public Integrity of the
  Presidency of the Council of Ministers, in its role of overseeing the implementation of the National Policy of Integrity and Fight Against Corruption, adopts the measures necessary to guarantee the adequate implementation of the Law and these Regulations, as well as to interpret their scope and provide technical advice on such implementation, among other actions that are within the scope of its competencies.
  2.3. These Regulations do not cover the
  jurisdictional functions of the Judicial Power, of autonomous constitutional bodies and of authorities and tribunals before whom administrative proceedings are followed.
  Article 3.- Definitions
  3.1. Interest management act: It is the oral or written communication, regardless of the medium used,
  directed to a official with public decision-making capacity, by the person performing an interest management act with the purpose of influencing a public decision.
  3.2. Public decision: It is any process by
  which the public administration establishes policies or takes decisions of any nature that have an economic, social or political significance of an individual or collective character, or that affect interests in the different sectors of society.
  3.3. Internal administrative act leading to
  a public decision: It is the act performed internally within the entity destined to organize or make function its own activities or services that leads to the adoption of a public decision.

4 LEGAL NORMS Monday, July 1, 2019 / El Peruano
3.4. Officials with public decision-making capacity: Those included in article 5 of the
Law that -in the exercise of their functions- must adopt a public decision. For the purposes of the Law and these Regulations, a public official with public decision-making capacity is understood to be those indicated in letters a), b) and e) of article 3 of Law No. 30057 - Law on Civil Service.
3.5. Interest management: It is the activity by
which natural or legal persons, national or foreign, transparently promote their points of view in the public decision-making process in order to orient such decision in the direction desired by them.
3.6. Reason for the visit: General specification and
categorization of the reason why a natural or legal person, from the public or private sector, visits or meets with an official or public servant. These reasons can be: Work meeting, provision of services or interest management.
3.7. Person performing the act: Is the
natural or legal person, national or foreign, who develops acts of managing their own interests or of third parties, in relation to public decisions to be adopted by officials with public decision-making capacity.
3.8. Foreign legal person: For the purposes of
this Law, it is that which is not constituted or domiciled in Peru.
3.9. Online Visit Registry: It is the platform
where information is registered and published, in real time, of the visits received by officials and servants of the State, as well as the interest management acts attended by officials with public decision-making capacity, with the aim of fostering integrity and transparency of their performance in the fulfillment of their functions. This information is public and must be contained in format of reusable open data.
3.10. Official Agendas Registry: It is the platform
in which information about the official activities performed by high-level officials is registered and published, where the acts of interest management attended outside the institutional headquarters by officials with public decision-making capacity are noted.
3.11. Visit for Provision of services: applies to
visits by natural or legal persons, from the private sector that maintain a contractual relationship with the visited entity for the provision of goods or services and that do not represent acts of interest management.
3.12. Visit for Work Meeting: applies to
visits by natural or legal persons, public or private, whose objective is to develop or address topics of an institutional nature and that do not represent acts of interest management. TITLE II ON THE ACT OF INTEREST MANAGEMENT AND THE INTEREST MANAGEMENT
Article 4.- On interest management acts and
interest management
Through the interest management act, the initiation of interest management before the official with public decision-making capacity takes place with the purpose of influencing in a transparent manner a specific public decision.
Article 5.- On acts that do not constitute
interest management
The following acts do not constitute interest management:
a) Those established in article 3 of the Law. b) Official protocol acts. c) Requests for information, requests for meetings and any other request directed to the official with public decision-making capacity, provided that it does not have as motivation to influence itself in a public decision, or that constitutes the exercise of the right of opinion provided for in paragraph 4 of article 2 of the Political Constitution of Peru. d) The participation of natural or legal persons at the request of the public administration, in Advisory Councils, Multisectorial Commissions or other working groups, for the fulfillment of their purposes. e) Internal administrative acts of public entities that do not lead to a public decision. f) Opinions that had been requested by entities of the public administration included in the scope of application of this norm, without prejudice to the right provided for in paragraph 4 of article 2 of the Political Constitution of Peru.
Article 6.- On incompatibilities and conflict
of interest
Persons indicated in article 9 of the Law are prohibited from conducting interest management.
Article 7.- On the duties of persons who
conduct interest management
Constitute duties of persons who conduct interest management:
a) Those indicated in article 10 of the Law. b) Provide the information provided for in article 13 of these Regulations to register the act of interest management. c) Observe the ethical guidelines contained in the present Regulations. TITLE III OF PUBLIC OFFICIALS RESPONSIBLE FOR REPORTING THE ACTS OF INTEREST MANAGEMENT
Article 8.- On public officials obliged
to register interest management acts
Officials with public decision-making capacity are responsible for registering interest management acts. The highest administrative authority of each entity with the support of the Human Resources Office and of the Institutional Integrity Office, or those acting in their place, identify public officials with public decision-making capacity for the purposes of registering the summary of interest management acts. In case the entity does not have the necessary computer tools for the fulfillment of this labor, the list must be sent to the Secretariat of Public Integrity of the Presidency of the Council of Ministers, in conformity with the procedure determined by this, and published in the Standard Transparency Portal of the respective entity.
Article 9.- On the obligations of public officials
responsible for registering interest management acts Are obligations of officials with public decision-making capacity responsible for registering interest management acts:
a) Maintain equal treatment towards all persons who perform an act of interest management. The equal treatment comprises the duty of officials and public servants to consider persons who perform an interest management with respect and deference, granting them adequate time to expose their points of view in the public decision-making process. In no case is equal treatment affected if the official entrusts the attention of the interest management to another official with competence in the matter. b) Leave a record in the Online Visit Registry the information referring to the act of interest management that they attend in conformity with these Regulations and the Law. The official or public servant who attends by delegation an act of interest management must leave a record of said act in the interest management report of the Online Visit Registry, specifying that said act of interest is attended "By order of...". c) Inform the Institutional Integrity Office of their entity or the one acting in its place, about facts that contravene the prohibitions on gratuities regulated in article 17 of the Law or the conduct of persons who perform acts of interest management

El Peruano / Monday, July 1, 2019 LEGAL NORMS 5 that contravene the ethical guidelines established in article 18 of these regulations, in the framework of the attention of an interest management. d) As provided for in paragraph 16.3 of article 16 of the Law, officials with public decision-making capacity are prohibited from attending acts of interest management outside the institutional headquarters. Exceptionally, interest management acts may be carried out outside the institutional headquarters provided they are scheduled and properly motivated in advance, in which case a record of the fact is left by registering the information in the Official Agendas Registry.
Article 10.- On prohibitions on gratuities
Officials with public decision-making capacity are subject to the prohibitions on gratuities provided for in article 17 of the Law. The Secretariat of Public Integrity of the Presidency of the Council of Ministers issues directives for the adequate implementation of said prohibitions.
Article 11.- On exceptions to prohibition
of gratuities of public officials
Constitute exceptions to prohibition of gratuities of officials with public decision-making capacity, those indicated in article 18 of the Law.
Article 12.- On responsibilities and sanctions
of officials
Officials with public decision-making capacity who incur in non-compliance with the obligations and prohibitions established in the Law, in the framework of disciplinary administrative procedures that correspond, are subject to the actions and sanctions established in Law No. 30057, Law on Civil Service, in the norms that regulate special careers and in the dother norms that are applicable, without prejudice to the civil and penal actions that may arise, as well as to the actions and sanctions that recommend the organs of the National Control System. TITLE IV ON THE ONLINE VISIT REGISTRY, OFFICIAL AGENDAS AND ON THE REPORTS OF INTEREST MANAGEMENT
Article 13.- On the Online Visit Registry
13.1. Public entities provided for in article 1
of the Law enter into the Online Visit Registry platform, the following information:
a) Date; b) Identification of the visiting person; c) Natural or legal person to which they belong or represent, whether public or private; d) Reason for the visit; e) Official or public servant visited; f) Position that said official or servant holds within the entity, and office to which they belong; g) Place where the visit takes place, and; h) Time of entry and exit.
13.2. In the field Reason for the Visit, the
reason why a natural or legal person, from the public or private sector, visits or meets with a public servant is recorded. For registration purposes, the following visit reasons are recorded: a) Work meeting; b) Provision of services; c) Interest management; d) others, specifying the reason.
13.3. When the visit concerns an interest management, the
official with public decision-making capacity must detail the act of interest management in the Online Visit Registry.
13.4. Public entities access the Online Visit Registry platform in accordance with the
guidelines of the Digital Government Secretariat of the Presidency of the Council of Ministers.
13.5. Public entities implement modules of
online visit registration in the reception area and at each entry point to the entity.
Article 14.- On the procedure for registering
interest management in the Online Visit Registry The official with public decision-making capacity who attends an act of interest management must register the following information:
a) Summary of the interest management with specific reference to the decision intended to be obtained. b) When the person performing an interest management is attended by several officials with public decision-making capacity jointly, a single registration is made through the Online Visit Registry of the institutional headquarters where the act of interest management is attended. The official responsible for registering the act of interest management is the one of higher hierarchy or position. c) The registration of the interest management is made after the performance of the act of interest management, through physical or virtual forms, as appropriate. The obligated official may have administrative assistance for filling out the registry, without prejudice to the individual responsibility that corresponds to him/her, according to article 16.2 of the Law.
Article 15.- On the Official Agendas Registry
The Official Agendas referred to in the
TUO of Law No. 27806 - Law on Transparency and Access to Public Information, are administered by public entities through the Official Agendas Registry platform. The information referring to the acts of interest management referred to in letter d) of article 9 of these Regulations, is entered into the Official Agendas Registry.
Article 16.- On the procedure for registering
interest management in Official Agendas
The official with public decision-making capacity who attends an act of interest management outside the headquarters of the public entity, must register the following information:
a) Identification data of the person performing the act of interest management. b) In case the interest management is in favor of a legal person, the trade name of the latter must be registered, and the number of the Unique Taxpayer Registry. c) Summary of the interest management with specific reference to the decision intended to be obtained. d) The procedure described above is also observed for cases where the person performing an interest management is attended by several officials with public decision-making capacity jointly. In this case, a single registration is made in the Official Agendas Registry of the entity represented by the public official who convened the attention of the act of interest management. e) The summary or description of the act of interest management performed outside the premises of the public entity is registered within 24 hours following the return of the official to their entity. The official with public decision-making capacity may have administrative assistance for filling out the registry, which does not imply the transfer of this responsibility, according to article 16.2 of the Law.
Article 17.- On the obligations of the highest
administrative authority
The highest administrative authority has the responsibility to ensure the implementation, execution and compliance with the Law and these Regulations, with the support of the Institutional Integrity Office or the one acting in its place and in coordination with the Secretariat of Public Integrity of the Presidency of the Council of Ministers. TITLE V ON THE ETHICAL GUIDELINES THAT MUST BE OBSERVED BY PERSONS PERFORMING ACTS OF INTEREST MANAGEMENT
Article 18.- On the ethical guidelines that
must be observed by persons performing acts of interest management Persons performing acts of interest management are obliged to observe the

6 LEGAL NORMS Monday, July 1, 2019 / El Peruano following ethical guidelines in the exercise of their activities:
a) Know and observe each and every one of the obligations stipulated in the Law and these Regulations, and any other norm or regulation on the matter. b) Provide at all times true and current information to the official with public decision-making capacity, being further obliged to provide clarifying or additional information when required. c) Refrain from making requests that lead to the official with public decision-making capacity failing to comply with any of the obligations assigned to them. d) Refrain from promising or granting benefits of any type, providing services or delivering goods of any nature in favor of officials with public decision-making capacity, as well as their spouse or cohabitant, or relatives up to the fourth degree of consanguinity and second degree of affinity. This obligation applies even prior to or subsequent to the act of interest management performed before the official. Not included in this paragraph are the exceptions contemplated in article 18 of the Law. e) Refrain from exercising acts of management before officials with public decision-making capacity, regarding whom a kinship bond up to the fourth degree of consanguinity or second degree of affinity is maintained. f) Proceed loyally and diligently, observing the obligations applicable to them in attention to the legal bond they have, whether their condition as authorized agent or legal representative. g) Meet with the official with public decision-making capacity within working hours and at the respective institutional premises, to discuss acts of interest management. Exceptionally, the act of interest management may be performed outside the institutional headquarters, as provided for in articles 16.3 of the Law and letter d) of article 9 of these Regulations.
Article 19.- On non-compliance with the ethical guidelines that must be observed by persons performing acts of
interest management
Non-compliance with the ethical guidelines is subject to civil and/or penal responsibility as appropriate. COMPLEMENTARY FINAL PROVISIONS First.- The Secretariat of Public Integrity of the Presidency of the Council of Ministers issues the necessary guidelines to guarantee the implementation of the Law and these Regulations. Second.- The

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