Law No. 27588 Establishing Prohibitions and Incompatibilities for Public Officials and State Service Providers

Peruvian Legal Information System
Ministry of Justice
CONGRESS OF THE REPUBLIC

Law Establishing Prohibitions and Incompatibilities for Public Officials and Civil Servants, as Well as Persons Providing Services to the State Under Any Contractual Modality

LAW NO. 27588

DIARY OF DEBATES - FIRST ORDINARY LEGISLATURE OF 2001

CONCORDANCES:
D.S. No. 019-2002-PCM (REGULATION)
Law No. 27815 (Law of the Code of Ethics of Public Service) R. No. 075-2003-SEPS-CD R.C. No. 368-2003-CG Law No. 28563, Art. 12 item 12.4 R. No. 528-2005-CG (Approving Directive "Exercise of Preventive Control by Institutional Control Organs") Board Agreement No. 001-2006-003-FONAFE (Approving Directive on Neutrality and Transparency of State Enterprise Personnel During Electoral Processes) R.M. No. 028-2006-PRODUCE (Approving "Ethics Norms of the Ministry of Production") R.N. No. 008-CND-P-2006 (Approving Directive "Transparency Norms in the Conduct and Performance of Officials and Civil Servants, as Well as Persons Providing Services to the State in the National Council of Decentralization") LAW NO. 28740, Art. 10 item f) (Law of the National System for Evaluation, Accreditation and Certification of Educational Quality) R. C. No. 430-2008-CG Approving Directive No. 010-2008-CG "Norms for the Conduct and Performance of Personnel of the Comptroller General of the Republic and of Institutional Control Organs" D.S. No. 017-2008-JUS, Art. 23, num. 3 (Supreme Decree Approving the Regulation of Legislative Decree No. 1068 of the State Legal Defense System) D.S. No. 030-2009-PCM, Art. 27 D.S. No. 011-2010-VIVIENDA, Art. 60 Num. 4) of the Regulation

THE PRESIDENT OF THE REPUBLIC

WHEREAS:

The Congress of the Republic

has enacted the following Law:

THE CONGRESS OF THE REPUBLIC;

Has enacted the following Law:

LAW ESTABLISHING PROHIBITIONS AND INCOMPATIBILITIES FOR PUBLIC OFFICIALS AND CIVIL SERVANTS, AS WELL AS PERSONS PROVIDING SERVICES TO THE STATE UNDER ANY CONTRACTUAL MODALITY

Article 1.- Object of the law
Directors, heads, senior officials, members of Advisory Councils, Administrative Tribunals, Commissions and other collegiate bodies that perform a public function or assignment of the State, directors of State-owned enterprises or representatives of the State on boards of directors, as well as

09/11/2011 09:56:25 a.m.
Updated to: 28/09/11

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Peruvian Legal Information System
Ministry of Justice advisers, officials or civil servants with specific assignments that, due to the nature or character of their function or the services they provide, have accessed privileged or relevant information, or whose opinion has been decisive in decision-making, are obligated to keep secret or confidentiality regarding matters or information that by express law have such character.

Nor may they disclose or use information that, without express legal reserve, could result privileged by its relevant content, using it for their own benefit or that of third parties and to the detriment or prejudice of the State or third parties.

The violation of what is provided in this article will imply the transgression of the principle of good faith and will be sanctioned with disqualification to provide services to the State, without prejudice to administrative, civil and criminal actions that may arise.

Article 2.- Impediments
The persons referred to in Article 1 of this Law, with respect to private companies or institutions included in the specific scope of their public function, have the following impediments:

a. Provide services to them under any modality;

b. Accept remunerated representations;

c. Be part of the Board of Directors;

d. Acquire directly or indirectly shares or participations in them, their subsidiaries or those that could have economic linkage;

e. Conclude civil or commercial contracts with them;

f. Intervene as lawyers, attorneys, advisers, sponsors, experts or arbitrators of individuals in processes that have pending with the same state department in which they provide their services, while exercising the position or fulfilling the assigned task; except in their own cause, that of their spouse, parents or minor children. The impediments will persist permanently with respect to those specific causes or matters in which they have participated directly.

The impediments extend until one year after the cessation or completion of services provided under any contractual modality, whether by resignation, dismissal, removal or firing, expiration of the contract term or contractual resolution.

Article 3.- Officials and legal representatives
Officials responsible for the reports issued by companies with which state departments sign agreements or contracts so that on behalf of them or by delegation of functions they perform some function or assignment of the State, as well as the legal representatives of the same, will be considered as public officials for the purpose of what is established in Article 425 of the Penal Code.

Article 4.- Penalty
Non-compliance with the provisions contained in this Law will give rise to the collection of a penalty amounting to the total amount of remuneration, fees, allowances or any other economic benefit received or agreed upon, without prejudice to civil or criminal responsibilities that may arise.

Article 5.- Supervision
The Comptroller General of the Republic and its corresponding organs will be responsible for verifying and supervising compliance with what is provided by this Law.

09/11/2011 09:56:25 a.m.
Updated to: 28/09/11

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Peruvian Legal Information System
Ministry of Justice
COMPLEMENTARY PROVISIONS

FIRST.- The Executive Power, by supreme decree endorsed by the President of the Council of Ministers, will approve the Regulation of this Law, within 60 (sixty) days counted from its validity.

SECOND.- The special legal norms that establish prohibitions and incompatibilities for officials or civil servants remain in force, and the prohibitions and sanctions indicated in this Law must be extended to them.

Communicate to the President of the Republic for its promulgation.

In Lima, on the twenty-second day of the month of November of two thousand one.

CARLOS FERRERO
President of the Congress of the Republic

HENRY PEASE GARCÍA
First Vice President of the Congress of the Republic

TO THE CONSTITUTIONAL PRESIDENT OF THE REPUBLIC

THEREFORE:

I order it to be published and complied with.

Given in the Government House, in Lima, on the twelfth day of the month of December of the year two thousand one.

ALEJANDRO TOLEDO
Constitutional President of the Republic

ROBERTO DAÑINO ZAPATA
President of the Council of Ministers

09/11/2011 09:56:25 a.m.
Updated to: 28/09/11