PERÚ Ministerio de Economía y Finanzas
SMV
Superintendency of the Market de Valores

"Decade of Equal Opportunities for Women and Men" "Year of the Bicentennial, of the consolidation of our Independence, and of the commemoration of the heroic battles of Junín and Ayacucho"

General Intendancy Resolution SMV No. 039-2024-SMV/11.1

Lima, 24 de mayo de 2024

The General Intendant of Conduct Supervision

Vistos:

File No. 2024023079, as well as Internal Report No. 666-2024-SMV/11.1, of the General Intendancy of Conduct Supervision of the Deputy Superintendency of Market Conduct Supervision of the Superintendency of the Market.

Considerando:

That, from the review carried out on the information in the Public Registry of the Securities Market, under the charge of the Superintendency of the Market – SMV, it has been noted that the validity term of the issuance program «First Petroperú Short-Term Instruments Program» has expired, without it being possible to renew it;

That, it has been verified that on 26 January 2018, through the use of the e-prospectus electronic system and under an automatic approval procedure, within the framework of an anticipated procedure, the issuance program called «First Petroperú Short-Term Instruments Program» was registered, up to a maximum outstanding amount of S/ 1,500’000,000.00 (One Thousand Five Hundred Million and 00/100 Soles) or its equivalent in United States Dollars, and the corresponding Framework Prospectus was registered in the Public Registry of the Securities Market;

That, it has been verified that within the framework of the «First Petroperú Short-Term Instruments Program» no security subject to primary public offering has been registered or placed and that the validity term of the registration of said program has expired, it not being possible to renew it, nor to register new issuances of securities within its framework; the cessation of public interest having occurred and it being appropriate for the General Intendancy of Conduct Supervision to rule ex officio on the exclusion of said issuance program, in accordance with the provisions of article 25, last paragraph, of the Regulation of Primary Public Offering and Sale of Securities, approved by CONASEV Resolution No. 141-1998-EF/94.10 and its amendments, and by article 23, antepenultimate paragraph, of the Regulation of Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange, approved by SMV Resolution No. 031-2012-SMV/01 and its amendments;

That, article 39, subsection d), of the Single Ordered Text of the Securities Market Law, Legislative Decree No. 861, approved by Decree

Electronic document digitally signed within the framework of Law No. 27269, Law of Signatures and Digital Certificates, its Regulation and amendments. The integrity of the document and the authorship of the signature(s) can be verified at https://apps.firmaperu.gob.pe/web/validador.xhtml

PERÚ Ministerio de Economía y Finanzas
SMV
Superintendency of the Market de Valores
“Decade of Equality of Opportunities for Women and Men” Year of the Bicentennial, of the consolidation of our Independence, and of the commemoration of the heroic battles of Junín and Ayacucho

Electronic document digitally signed within the framework of Law N° 27269, Law on Digital Signatures and Certificates, its Regulations and amendments. The integrity of the document and the authorship of the signature(s) can be verified at https://apps.firmaperu.gob.pe/web/validador.xhtml

Supreme Decree No. 020-2023-EF, establishes that the exclusion of a security from the Public Registry of the Securities Market takes place by reasoned resolution of the SMV, when the cessation of public interest occurs;

That, in this regard, taking into consideration that article 15, subsection a), of the Single Ordered Text of the Securities Market Law establishes that securities and issuance programs are registered in the Public Registry of the Securities Market, the provisions of the preceding recital are also applicable to issuance programs, since these are subject to registration in the aforementioned Registry;

That, regarding the obligation to carry out a Public Tender Offer for Exclusion – OPC when a security is excluded from the Public Registry of the Securities Market, established in article 41 of the Single Ordered Text of the Securities Market Law and in article 32 of the Regulation of Public Tender Offer for Acquisition and Purchase of Securities for Exclusion, approved by CONASEV Resolution No. 009-2006-EF/94.10 and its amendments, it must be noted that the exclusion of the «First Short-Term Instruments Program Petroperú» does not generate the obligation to carry out an OPC, as provided by article 23 of the Regulation for Registration and Exclusion of Securities in the Public Registry of the Securities Market and on the Stock Exchange;

That, article 7, numeral 6, of the Policy on Dissemination of Regulatory Projects, General Legal Norms, Early Agenda and Other Administrative Acts of the SMV, approved by SMV Resolution No. 014-2014-SMV/01 and its amending norms, establishes that the decisions contained in administrative resolutions that resolve the exclusion of securities from the Public Registry of the Securities Market must be disseminated through the Institutional Page of the SMV on the Single Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe/smv); and,

In accordance with the provisions of Article 39, subsection d), of the Single Ordered Text of the Securities Market Law; Article 23 of the Regulation for the Registration and Exclusion of Securities in the Public Registry of the Securities Market and on the Stock Exchange; as well as Article 46, numeral 6, of the Regulation of Organization and Functions of the Superintendency of the Securities Market, approved by Supreme Decree No. 216-2011-EF and its amendments, which empowers the General Superintendency of Conduct Supervision to order the exclusion of securities from the Public Registry of the Securities Market.

Resolves:

Article 1.- To order the ex officio exclusion of the issuance program called «First Short-Term Instruments Program Petroperú» from the Public Registry of the Securities Market.

Article 2.- To disseminate this resolution on the SMV Institutional Page on the Single Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe/smv).

Article 3.- To transcribe this resolution to Petróleos del Perú – Petroperú, as issuer; to Credicorp Capital Servicios Financieros S.A., as structuring entity; to the Lima Stock Exchange

Electronic document digitally signed under the framework of Law No. 27269, Law of Signatures and Digital Certificates, its Regulation and amendments. The integrity of the document and the authorship of the signature(s) can be verified at https://apps.firmaperu.gob.pe/web/validador.xhtml

S.A.; and, to CAVALI S.A. I.C.L.V.

Register, communicate and disseminate.

Alix Godos
General Intendant
General Intendancy of Conduct Supervision