Law on the Prevention and Mitigation of Conflicts of Interest in the Access and Exit of Public Service Personnel

El Peruano / Wednesday, August 17, 2022 LEGAL NORMS 5 LEGISLATIVE BRANCH CONGRESS OF THE REPUBLIC LAW NO. 31563 THE PRESIDENT OF THE CONGRESS OF THE REPUBLIC WHEREAS:
THE CONGRESS OF THE REPUBLIC;
Has enacted the following Law:
LAW THAT DECLARES OF PUBLIC NECESSITY AND NATIONAL INTEREST THE CREATION OF THE MARIANO MELGAR NATIONAL UNIVERSITY OF AREQUIPA Sole Article. Declaration of public necessity and national interest The creation of the Mariano Melgar National University (UNAMM) in the province and department of Arequipa is declared of public necessity and national interest. FINAL COMPLEMENTARY PROVISION SINGLE. Actions for implementation The Ministry of Education is entrusted, in accordance with its attributions and competencies, to adopt the corresponding actions in coordination with the Ministry of Economy and Finance, the Regional Government of Arequipa, the Provincial Municipality of Arequipa, and the District Municipality of Yura, charged to their annual budget, for the development of technical studies for the construction of the aforementioned university and its inclusion in the investment project bank of the National System of Multiannual Programming and Investment Management (INVIERTE.PE), in compliance with what is provided in this law. Communicated to the President of the Republic for its promulgation. In Lima, on the nineteenth day of the month of July of two thousand twenty-two. LADY MERCEDES CAMONES SORIANO Acting First Vice President of the Presidency of the Congress of the Republic ENRIQUE WONG PUJADA Second Vice President of the Congress of the Republic TO THE PRESIDENT OF THE REPUBLIC THEREFORE:
Having not been promulgated within the constitutional term by the President of the Republic, in compliance with articles 108 of the Political Constitution of Peru and 80 of the Regulations of the Congress of the Republic, I order that it be published and complied with. In Lima, on the sixteenth day of the month of August of two thousand twenty-two. LADY MERCEDES CAMONES SORIANO President of the Congress of the Republic MARTHA LUPE MOYANO DELGADO First Vice President of the Congress of the Republic 2096431-1 LAW NO. 31564 THE PRESIDENT OF THE REPUBLIC WHEREAS:
THE CONGRESS OF THE REPUBLIC;
Has enacted the following Law:
LAW ON THE PREVENTION AND MITIGATION OF CONFLICT OF INTERESTS IN THE ACCESS AND EXIT OF PUBLIC SERVICE PERSONNEL
CHAPTER I
OBJECTIVE, PURPOSE AND SCOPE
Article 1. Objective and purpose of the Law
This law aims to establish obligations and impediments applicable to certain persons in the public and private sectors during their labor or contractual activity and upon its termination, with the purpose of strengthening the fight against corruption through the prevention and mitigation of conflicts of interest in the access and exit of public service personnel.
Article 2. Scope
The following are included within the scope of this law:
2.1. As subjects of the public sector, regardless of the labor or contractual link they maintain with the public entity:
a) The directors, heads, and high-ranking officials of public entities, as well as the members of the boards of directors, advisory boards, administrative tribunals, commissions, and other collegiate bodies of said entities that perform a public function or State assignment. b) The directors of State-owned companies or mixed-economy societies included or not in the business activity of the State; or their representatives on boards of directors. c) Officials and public servants who, due to the nature or character of their function or the services they provide, have accessed privileged or relevant information and whose opinion would have been decisive in decision-making, regarding private companies or institutions included in the specific scope of their public function or linked to the activities subject to the competence of the entity.
2.2. As subjects of the private sector, regardless of the labor or contractual link they maintain with the private company or institution:
a) The holders of more than 1% of shares or participations of legal entities included in Law 26887, General Law of Corporations, and in Legislative Decree 21621, Law governing the Individual Limited Liability Company, linked to the activities subject to the competence of the public entity, even if such companies or institutions were administered by third parties through trusts or similar. b) The directors, legal representatives or attorneys-in-fact, managers, advisors, or consultants of the private companies or institutions referred to in the preceding letter, as well as of the companies or entities to which they are linked, who are currently holding office or who ceased to hold it with a seniority not greater than one year. c) The members of the governing or administrative bodies of civil societies or other non-profit legal entities linked to the activities subject to the competence of the public entity, who are currently holding office or who ceased to hold it with a seniority not greater than one year.
2.3. In the regulations of this law, the obligated subjects referred to in numerals 2.1. and 2.2. are detailed, as appropriate. Without prejudice to this, the following are included, in an illustrative and non-exhaustive manner, as subjects of the public sector under the scope of the law:
a) President and Vice Presidents of the Republic. b) Congressmen of the Republic, parliamentary service officials, and advisors. c) Ministers and Vice Ministers. d) President and members of the Executive Council of the Judicial Branch and head of the National Authority for the Control of the Judicial Branch. e) Attorney General and head of the National Authority for the Control of the Public Ministry. f) Ombudsman and his deputies; Comptroller General of the Republic and his Deputy Comptrollers; Magistrates of the Constitutional Court; members of the National Justice Board and the National Jury of Elections; head of the National Office of Electoral Processes; head of the National Registry of Identification and Civil Status; Superintendent of Banks, Insurance, and Private Pension Fund Administrators and his deputies; National Superintendent of Public Registries and his deputies; National Superintendent of Customs and Tax Administration and his deputies; and President of the Central Reserve Bank and its directors. g) Regional Governors and Vice Governors, as well as members of the regional councils and regional managers. h) Mayors and councilors of local governments and municipal managers. i) Members of the Board of Directors of the General Attorney's Office of the State. j) Heads of entities, public bodies, special programs, and projects. k) General Secretaries, or those acting in their place, of public entities. l) General managers, general managers, heads, coordinators, advisors, supervisors, and other officials who hold positions of trust and maintain a labor or contractual link with senior management and line organs. m) Servants responsible for the formulation, approval, or supervision of norms and substantive functions.
2.4. Public sector entities, under the responsibility of their highest administrative authority, are obligated to publish and update, on their respective institutional portals, the list of obligated subjects included in this norm.
CHAPTER II
OBLIGATIONS, IMPEDIMENTS AND SANCTIONS
Article 3. Obligations of public sector subjects
The following are obligations of public sector subjects included in this law:
a) Keep secret, reserve, or confidentiality of matters or information that, by express law, have such character. This obligation extends even when the labor or contractual link with the public entity has been extinguished and while the information maintains its character of secret, reserved, or confidential. b) Not disclose or use information that, without express legal reserve, could result in privileged due to its relevant content, using it for their benefit or that of third parties, or to the detriment of the State or third parties.
Article 4. Impediments of public sector subjects
4.1. The public sector subjects indicated in Article 2, regarding private companies or institutions that resulted beneficiaries with an administrative act, or private companies or institutions included in the specific scope of their public function or linked to the activities subject to the competence of the public entity with which they maintain a labor or contractual link, have the following impediments:
a) Provide services under any labor or contractual modality in said private companies or institutions. b) Accept remunerated or ad honorem representations in said private companies or institutions. c) Be part of the board of directors or hold a managerial position in said private companies or institutions, as well as in the companies or entities to which they are linked. d) Acquire directly or indirectly shares or participations in said private companies or institutions, their subsidiaries, or those that could have economic linkage. e) Celebrate civil or commercial contracts with said private companies or institutions. f) Intervene as lawyers, attorneys-in-fact, advisors, sponsors, experts, or arbitrators of individuals in processes that they have pending with the same branch of the State in which they provided their services, while they hold the office or fulfill the assigned task, except in their own cause, or that of their spouse, parents, or minor children. g) Conduct interest management for said private companies or institutions.
4.2. The impediments extend until one year after the extinction of the labor or contractual link with the public entity, except for the case of letter f) of numeral 4.1., whose impediment subsists permanently regarding those specific causes or matters in which they had participated directly.
Article 5. Impediments of private sector subjects
5.1. Unless express provision in special norms with the rank of law establishes other impediments, the private sector subjects indicated in Article 2, regarding public entities whose specific scope of function includes the private companies or entities to which they were previously linked labor or contractually, are impeded from:
a) Intervening as an integral part of the board of directors, advisory boards, administrative tribunals, commissions, and other collegiate bodies with decision-making capacity in said public entities regarding requests, applications, causes, files, procedures, or any procedure involving the private company or institution with which they maintained a prior labor or contractual relationship before their link with the public entity.

7 LEGAL NORMS Wednesday, August 17, 2022 / El Peruano b) Intervene as an official with public decision-making capacity in said public entities when they must pronounce themselves on any matter involving the private company or institution with which they maintained a prior labor or contractual relationship before their link with the public entity. c) Intervene as a consultant or advisor in said public entities regarding pending requests, applications, causes, files, procedures, or any procedure pending decision involving the private company or institution with which they maintained a prior labor or contractual relationship before their link with the public entity. d) Intervene as a lawyer, attorney-in-fact, advisor, sponsor, expert, or arbitrator of said public entities, in processes that they have pending with the private companies or institutions with which they maintained a prior labor or contractual relationship before their link with the public entity.
5.2. The impediments extend until three years after the extinction of the labor or contractual link with the private company or institution, except for the case of letter d) of numeral 5.1., whose impediment extends until the conclusion of the process.
5.3. In the case of subjects included in letter a) of numeral 2.2. of Article 2, and while they maintain such condition, the impediments to access all the positions referred to in numeral 5.1. are permanent. Once this condition ceases, the timeframes established in numeral 5.2. apply to them. For this purpose, the administration of such shares or participations by third parties through trusts or similar is understood to be included in the cause of impediment.
Article 6. Officials and legal representatives
Officials responsible for the reports issued by companies with which State entities sign agreements or contracts so that, on their behalf or by delegation of functions, they fulfill some function or assignment of the State, as well as the legal representatives of the same, are considered as public officials for the purposes of what is established in Article 425 of the Penal Code.
Article 7. Offenses and sanctions
7.1. Non-compliance with the norms established in this law constitutes a disciplinary offense and is sanctioned according to its gravity.
7.2. The following conduct constitutes minor infractions:
a) Not requesting the presentation of the sworn statement on prohibitions and incompatibilities. b) Not implementing actions to prevent and mitigate conflicts of interest.
7.3. The following conduct constitutes a serious offense:
a) Presenting the sworn statement referred to in Article 8 with inaccurate or false information.
7.4. The following conduct constitutes very serious infractions:
a) Non-compliance, by the public sector subjects referred to in numeral 2.1. of Article 2, of the obligations set forth in Article 3. b) Non-compliance, by the public sector subjects referred to in numeral 2.1. of Article 2, of the impediments set forth in Article 4. c) Non-compliance, by the private sector subjects referred to in numeral 2.2. of Article 2, of the impediments set forth in Article 5.
7.5. The administrative disciplinary procedure is the responsibility of each entity. It is initiated ex officio by the competent authority or as a consequence of the motivated request of the Institutional Integrity Office, or by complaint from a natural or legal person.
7.6. The phases of the procedure, the authorities in charge of it, and the sanctions are those established by the norms regulating the regime corresponding to each obligated subject, without prejudice to civil or criminal liability, if applicable.
7.7. Without prejudice to what is established in numeral 7.6., non-compliance with the impediments indicated in numeral 4.2. of Article 4 is sanctioned with disqualification for five years to contract or provide services to the State, under any modality, of the persons and the private companies or institutions involved in said non-compliance, without prejudice to civil and criminal actions that may arise. For this purpose, the extinction of the labor or contractual link with the public entity of the subjects referred to in Article 4 is published in the Public Due Diligence Platform created by Supreme Decree 185-2021-PCM.
7.8. Non-compliance with the impediments indicated in Article 5 by obligated subjects with a non-labor contractual link is sanctioned with disqualification for five years to contract or provide services to the State, under any modality.
7.9. Upon detecting the non-compliance referred to in numerals 7.7. and 7.8., ex officio by the public entity, or by complaint from a natural or legal person, the highest administrative authority of the public entity in which the infringing subject maintained or maintains a labor or contractual link, as appropriate, notifies the National Authority of Civil Service (SERVIR) for its inclusion in the National Registry of Sanctions against Civil Servants (RNSSC), or to the Supervisory Body of State Contracts (OSCE) for its inclusion in the list of suppliers disqualified from contracting with the State.
Article 8. Compliance Clause
Service lease contracts, terms of reference, or similar, including contracts under the Managerial Support Fund for the Public Sector (FAG) and highly qualified personnel (PAC), that entities conclude with private sector subjects, contain the following clause:
"Causes for contract termination are the presentation with inaccurate or false information of the Sworn Statement of Prohibitions and Incompatibilities referred to in the Law on the prevention and mitigation of conflict of interests in the access and exit of public service personnel. Likewise, in case of non-compliance with the impediments indicated in Article 5 of said law, disqualification for five years to contract or provide services to the State, under any modality, will be applied."
CHAPTER III
SUPERVISION, CONTROL AND PREVENTION
Article 9. Sworn statement
9.1. To contract with public entities, it is required to present, previously, a sworn statement on prohibitions and incompatibilities before the Human Resources Office or the Logistics Office, or those acting in their place, as appropriate.
This obligation is fulfilled without prejudice to the presentation, as appropriate, of the sworn statement of interests referred to in Law 31227, Law that transfers to the Comptroller General of the Republic the competence to receive and exercise control, oversight, and sanction regarding the sworn statement of interests of authorities, servants, and candidates for public office.
9.2. The sworn statement is of a public nature and is supervised by the Institutional Integrity Office, or that acting in its place, in accordance with what is established in Directive 001-2019-PCM/SIP approved by Resolution 001-2019-PCM/SIP.
9.3. The format of the sworn statement is approved in the regulations of this law.
Article 10. Supervision
The highest administrative authority, with the support of the Institutional Integrity Office, or that acting in its place, supervises the compliance with this law, without prejudice to the supervisory or auditing work that corresponds to entities that by express norm have such competence.
Article 11. Governmental control
Governmental control is exercised by the Comptroller General of the Republic, within the framework of its functions and competencies established by law.
Article 12. Actions to prevent and mitigate conflicts of interest
The Institutional Integrity Office, or that acting in its place, implements actions to prevent and mitigate conflicts of interest, being subject to the guidelines and provisions of the Public Integrity Secretariat of the Presidency of the Council of Ministers. COMPLEMENTARY PROVISIONS FIRST. Validity This law enters into force from the day following the publication of its regulations, with the exception of the second complementary final provision, which enters into force from the day following the publication of the law. SECOND. Regulation The Executive Power regulates this law within a period not greater than sixty business days counted from the day following its publication. THIRD. Suppletory Application of Law 27444 In those cases that correspond, the scope of Law 27444, General Law of Administrative Procedure, is applied suppletorily. DEROGATORY COMPLEMENTARY PROVISION SINGLE. Derogation Law 27588, Law that establishes prohibitions and incompatibilities of officials and public servants, as well as of persons who provide services to the State under any contractual modality, is derogated, and its regulations, approved by Supreme Decree 019-2002-PCM, are left without effect. Communicated to the President of the Republic for its promulgation. In Lima, on the twenty-fifth day of the month of July of two thousand twenty-two. MARÍA DEL CARMEN ALVA PRIETO President of the Congress of the Republic LADY MERCEDES CAMONES SORIANO First Vice President of the Congress of the Republic TO THE PRESIDENT OF THE REPUBLIC THEREFORE:
I order that it be published and complied with.
Given in the Government House, in Lima, on the sixteenth day of the month of August of the year two thousand twenty-two.
JOSÉ PEDRO CASTILLO TERRONES
President of the Republic
ANÍBAL TORRES VÁSQUEZ
President of the Council of Ministers
2096431-2
LAW NO. 31565
THE PRESIDENT OF THE CONGRESS
OF THE REPUBLIC
WHEREAS:
THE CONGRESS OF THE REPUBLIC;
Has enacted the following Law:
LAW THAT RECOGNIZES THE RIGHT TO KNOW THE INDICATORS OF CONTAMINATION BY HEAVY METALS OR OTHER CHEMICAL SUBSTANCES AND THE LEVELS OF AFFECTATION OF CITIZENS AND THAT DECLARES OF NATIONAL INTEREST AND PUBLIC NECESSITY THE CONSTRUCTION, IMPLEMENTATION AND OPERATION OF THE LEVEL II-E DETOXIFICATION HOSPITAL AND THE SPECIALIZED TOXICOLOGICAL LABORATORY IN THE DEPARTMENT OF PASCO, PROVINCE OF OXAPAMPA, DISTRICT OF VILLA RICA; AND, IN OTHER DEPARTMENTS, IN A PROGRESSIVE MANNER, AT THE NATIONAL LEVEL
Article 1. Objective of the Law
This law aims to recognize the right to know the indicators of contamination by heavy metals or other chemical substances and the levels of affectation of citizens, and to incorporate the intercultural approach in medicine and health; as well as to declare of national interest and public necessity the construction, implementation, and operation of the specialized detoxification hospital Level II-E and the toxicological laboratory in the department of Pasco, province of Oxapampa, district of Villa Rica; and, in other departments, in a progressive manner, at the national level.
Article 2. Contamination indicators and levels of affectation
The Ministry of Health and its competent bodies and the regional governments are obligated to inform monthly the population and the Health and Population Commission of the Congress of the Republic on the state