Law No. 28024: Law Regulating the Management of Interests in Public Administration

Version SPIJ | Update 18.02.20 Law Regulating the Management of Interests in Public Administration LAW No. 28024 CONCORDANCES: D.S. No. 120-2019-PCM (REGULATION) D.S. No. 099-2003-PCM (Regulation) R.M. No. 270-2003-PCM R. No. 013-2004-SUNARP-SN DIRECTIVE No. 209-2005-ME-SG-OA-UPER R.M. No. 0712-2006-ED, Num.X, inc.3 R.M. No. 0494-2007-ED, num.XII inc.3 R.M. No. 0441-2008-ED, Num. IX, inc. 9.3 THE PRESIDENT OF THE REPUBLIC WHEREAS: The Permanent Commission of the Congress of the Republic has enacted the following Law: THE PERMANENT COMMISSION OF THE CONGRESS OF THE REPUBLIC; Has enacted the following Law: LAW REGULATING THE MANAGEMENT OF INTERESTS IN PUBLIC ADMINISTRATION TITLE I GENERAL PROVISIONS Article 1.- Object and Purposes This Law regulates the management of interests in the scope of public administration, to ensure transparency in the actions of the State. For the purposes of this Law, public administration is understood to refer to the entities referred to in Article I of the Preliminary Title of Law No. 27444 - General Administrative Procedure Law; including companies included in state business management. This Law does not encompass the jurisdictional functions of the Judiciary, autonomous constitutional bodies, and authorities and tribunals before which administrative processes are followed. The right of petition is regulated according to what is established in its specific regulations. () () Article modified by the Sixth Complementary Modifying Provision of Legislative Decree No. 1353, published on January 7, 2017, which entered into force the day after the publication of the Supreme Decree approving its Regulation and the modification of the Regulation of Organization and Functions of the Ministry of Justice and Human Rights, whose text is as follows:

“Article 1.- Object and Purposes This Law regulates the management of interests in the scope of public administration, understood as a lawful activity of promoting legitimate interests of one's own or of third parties, whether individual, sectoral or institutional in the public decision-making process, with the aim of ensuring transparency in the actions of the State. For the purposes of this Law, public administration is understood to refer to the entities referred to in Article I of the Preliminary Title of Law No. 27444 - General Administrative Procedure Law; including companies included in state business management. This Law does not encompass the jurisdictional functions of the Judiciary, autonomous constitutional bodies, and authorities and tribunals before which administrative processes are followed. The right of petition is regulated according to what is established in its specific regulations.” Article 2.- On the Act of Management An act of management is understood to be the oral or written communication, regardless of the medium used, directed by the interest manager to a public administration official, with the purpose of influencing a public decision. Article 3.- On Interest Management Interest management is understood to be 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. Interest management is carried out through acts of management. a. Public officials are prohibited from carrying out acts of management for interests other than institutional or state interests. b. For the purposes of this law, interest management is not considered: c. Statements, expressions, testimonies, comments or similar made through speeches, articles or publications; d. The dissemination of news or other material distributed to the general public or disseminated through any social media; e. Information, in writing or by any other means susceptible to registration, provided to the public administration in response to a request made by it; f. Information provided in any social media in the framework of the exercise of freedom of expression; g. Assertions, statements, comments made at any public meeting, in the framework of the exercise of the right to freedom of expression, opinion and assembly; h. The free exercise of legal defense and advice, within what is provided by the legal system; and i. Other similar management that does not lead to decision-making by the public administration.

Article 4.- On Public Decision Public decision is defined, for the purposes of this Law, as the process by which the public administration establishes policies or makes decisions of any nature that have an economic, social or political significance of an individual or collective character, or that affect interests in the various sectors of society. For this effect, the following are considered processes leading to a public decision: a. The study of bill projects by the Ordinary, Special and Permanent Commissions of the Congress of the Republic; b. The debate of reports on bill projects and the approval, observation and promulgation of laws, and their repeal; c. The elaboration, approval, promulgation of Legislative Decrees and Decrees of Urgency, and their repeal; d. The formation, promulgation of Supreme Decrees, Supreme Resolutions, Ministerial Resolutions, Vice-Ministerial Resolutions and Directorial Resolutions, if applicable, and their repeal; e. The elaboration, adoption or approval of policies, programs, projects and institutional positions; f. The celebration of agreements and contracts; g. The elaboration, approval or repeal of resolutions of the heads of the bodies or entities of the public administration; h. The elaboration, approval or repeal of regional ordinances, regional council agreements, regional decrees and resolutions as well as ordinances, decrees and municipal resolutions; i. Internal administration acts carried out by the bodies of the entities of the public administration, according to what is provided in the regulation. TITLE II EXERCISE OF PUBLIC DECISION-MAKING CAPACITY Article 5.- On officials with public decision-making capacity The public administration officials with public decision-making capacity within the scope of this Law are the following: a. President of the Republic; b. First and Second Vice Presidents of the Republic, when they take charge of the Presidential Office; c. Congressmen of the Republic; d. Ministers, vice-ministers, general secretaries, national directors and general directors, prefects and sub-prefects, councilors, advisors and other officials of equivalent rank; e. President and members of the Executive Council of the Judiciary, including its general manager; f. Regional presidents and vice-presidents when they assume the Presidency, as well as the members of the Regional Councils and regional managers; g. Mayors, councilors and directors of the Metropolitan Municipality of Lima and of provincial and district municipalities throughout the Republic; h. President and members of the boards of directors of companies included in the business activity of the State, as well as their general managers; i. The heads of the budget units of the entities included in Article 1 of this Law, as well as any official or public servant who provides services in a position of trust, when applicable; j. Those determined by each body of the public administration, by the respective Single Text of Administrative Procedures; and k. In general, officials with public decision-making capacity, according to what is established by the regulation of this Law. l. The officials mentioned in this article, when they have communication with interest managers, must leave a record of the fact. The procedure and form to leave a record of the act of management, as well as for its communication to the respective registry, will be carried out according to what is established by the regulation of this Law. () () Article modified by Article 2 of Legislative Decree No. 1415, published on September 13, 2018, which entered into force thirty (30) natural days after the issuance of the regulation referred to in the Third Final Complementary Provision of this norm, whose text is as follows: “Article 5.- On officials and servants with decision-making capacity 5.1. The public administration officials with public decision-making capacity within the scope of this Law are the following: a. President of the Republic; b. First and Second Vice Presidents of the Republic, when they take charge of the Presidential Office; c. Congressmen of the Republic; d. Ministers, vice-ministers, general secretaries, national directors and general directors, prefects and sub-prefects, councilors, advisors and other officials of equivalent rank; e. President and members of the Executive Council of the Judiciary, including its general manager; f. Regional governors and vice-governors when they assume the Regional Government, as well as the members of the Regional Councils and regional managers; g. Mayors, councilors and directors of the Metropolitan Municipality of Lima and of provincial and district municipalities throughout the Republic; h. President and members of the boards of directors of companies included in the business activity of the State, as well as their general managers; i. The heads of the budget units of the entities included in Article 1 of this Law, as well as any official or public servant who provides services in a position of trust j. Those determined by each body of the public administration, by the Single Text of k. In general, officials with public decision-making capacity, according to what is established by the regulation of this Law. 5.2. It corresponds to the highest administrative authority of each entity, with the support of the Human Resources Offices, to identify the officials or public servants referred to in letters d), j) and k) of this article; this list is public. Likewise, it is responsible for keeping updated the information recorded in the visit registry referred to in Article 16 of this Law, guaranteeing its security, publicity and access in open data format, on their respective institutional web portals. (**)

(**) In accordance with the Fifth Final Complementary Provision of Legislative Decree No. 1415, published on September 13, 2018, the Online Visit Records and Official Agendas in open formats, referred to in numeral 5.2, are progressively integrated into the National Open Data Portal, depending on the capacities and resources of the entities. The aforementioned Legislative Decree entered into force thirty (30) natural days after the issuance of the regulation referred to in the Third Final Complementary Provision of this norm. Article 6.- On transparency in public decision The public decision process is transparent, therefore, all activities mentioned in Article 4 of this Law will be accessible to the public according to the terms and in the form established in Law No. 27806 - Law on Transparency and Access to Public Information. TITLE III INTEREST MANAGER Article 7.- On the interest manager An interest manager is defined as a natural or legal person, national or foreign, duly registered in the corresponding registry, who carries out acts of management of their own interests or of third parties, in relation to public decisions adopted by public officials included in Article 5 of this Law. () () Article modified by the Sixth Complementary Modifying Provision of Legislative Decree No. 1353, published on January 7, 2017, which entered into force the day after the publication of the Supreme Decree approving its Regulation and the modification of the Regulation of Organization and Functions of the Ministry of Justice and Human Rights, whose text is as follows: “Article 7.- On the interest manager An interest manager is defined as a natural or legal person, national or foreign, who carries out acts of management of their own interests or of third parties, in relation to public decisions adopted by public officials included in Article 5 of this Law.” Article 8.- On the classes of interest managers Interest managers can be of two classes: a) Those who carry out acts of management of their own interests; and b) Those who carry out acts of management on behalf of third-party interests, receiving a fee, remuneration or economic compensation, to whom we will refer to hereinafter as professional managers. The associates, partners, shareholders or others who make up a legal person or are their legal representatives, with sufficient power, who carry out acts of management in the interest of that entity, are included within the first class of interest managers. Likewise, guild organizations, whether business, professional and labor, are included within the first class of interest managers, provided they do not pursue profit-making purposes and act through their authorized representatives. () () Article repealed by the Sole Complementary Repealing Provision of Legislative Decree No. 1353, published on January 7, 2017, which entered into force the day after the publication of the Supreme Decree approving its Regulation and the modification of the Regulation of Organization and Functions of the Ministry of Justice and Human Rights.

Article 9.- On incompatibilities and conflicts of interest The following may not exercise the activity of interest managers: a. Those suspended in the exercise of citizenship; b. Public administration officials, during the exercise of their functions and for up to 12 (twelve) months after having concluded them, in the matters in which they had direct functional competence, except as provided in the second paragraph of Article 3 of this Law; c. Natural persons and representatives of private law legal persons who participate on an honorary basis in the collegiate bodies of the public administration; d. Owners and executives of national or foreign media or their companies; e. The spouse and relatives up to the fourth degree of consanguinity and second degree of affinity of the persons included in letter b) only with respect to matters that have direct functional competence of the public official, or are under their exclusive decision-making responsibility in the exercise of their function. It does not constitute incompatibility or conflict of interest, in the case of those designated in letters c) and d) when the interest management is one's own. Article 10.- On the duties of the interest manager The duties of the interest manager are: a. Observe the rules of ethics in the performance of their activities; b. Inform the relevant bodies about the acts of interest management they carry out; c. Report to the competent authority the non-compliance or contravention of this Law; d. Keep secret the information of a reserved nature to which they have access by their activity. With the exception of the knowledge of an illicit act, in which case the relevant report will be made; e) Submit semi-annual reports to the Public Registry of Interest Management, regarding the interest management activities carried out during the indicated period; and () () Letter e) repealed by the Sole Complementary Repealing Provision of Legislative Decree No. 1353, published on January 7, 2017, which entered into force the day after the publication of the Supreme Decree approving its Regulation and the modification of the Regulation of Organization and Functions of the Ministry of Justice and Human Rights. f. Others indicated in the regulation of this Law.

TITLE IV ON THE PUBLIC REGISTRY OF INTEREST MANAGEMENT Article 11.- On the public registry of interest management The Public Registry of Interest Management is created, under the responsibility of the National Superintendency of Public Registries (SUNARP). The Public Registry of Interest Management will be kept through the use of electronic entries that allow full accessibility. () () Article repealed by the Sole Complementary Repealing Provision of Legislative Decree No. 1353, published on January 7, 2017, which entered into force the day after the publication of the Supreme Decree approving its Regulation and the modification of the Regulation of Organization and Functions of the Ministry of Justice and Human Rights. Article 12.- On the inscription and registration of acts To exercise acts of interest management, professional managers must register in the Public Registry of Interest Management, which will assign them, prior payment of fees, the respective registration number with a validity of two (2) years, after which it will expire ipso jure, unless extended in accordance with the regulation of this Law. The acts of interest management carried out must be registered obligatorily. () () Article repealed by the Sole Complementary Repealing Provision of Legislative Decree No. 1353, published on January 7, 2017, which entered into force the day after the publication of the Supreme Decree approving its Regulation and the modification of the Regulation of Organization and Functions of the Ministry of Justice and Human Rights. Article 13.- On the information contained in the registry The National Superintendency of Public Registries (SUNARP) will determine the form and manner of maintaining and updating the information that the Public Registry of Interest Management must provide. The Public Registry of Interest Management must contain as a minimum the following: a) Data of the person or persons acting as interest managers; b) Information on the legal relationship linking the professional manager with the person in whose favor the management is carried out; c) General description of the activities comprising professional interest management; d) Identification of the public administration officials with whom the professional manager carries out interest management; e) Declaration of not having incompatibility for the performance of the function of interest manager; f) The record of the acts of management issued by the public officials referred to in the last paragraph of Article 5 of this Law; g) Any other information or documentation specified in the regulation of this Law. The preceding information will have the character of a sworn statement. () () Article repealed by the Sole Complementary Repealing Provision of Legislative Decree No. 1353, published on January 7, 2017, which entered into force the day after the publication of the Supreme Decree approving its Regulation and the modification of the Regulation of Organization and Functions of the Ministry of Justice and Human Rights.

Article 14.- On the reports of the professional manager Every 6 (six) months, the accredited professional manager must submit a written report with the character of a sworn statement, to the Public Registry of Interest Management, containing as a minimum: a) Brief summary of the object, means employed and public officials contacted for the exercise of the acts of management; b) Any other information specified in the regulation of this Law. () () Article repealed by the Sole Complementary Repealing Provision of Legislative Decree No. 1353, published on January 7, 2017, which entered into force the day after the publication of the Supreme Decree approving its Regulation and the modification of the Regulation of Organization and Functions of the Ministry of Justice and Human Rights. Article 15.- On the obligations of SUNARP and the registry zones 15.1 Are obligations and attributions of SUNARP: a) Publish on the respective internet portals, information on the records of interest management; b) Approve the corresponding directives for the procedure for the registration of professional managers and of the acts of management in the Public Registry of Interest Management, as well as the manner in which such acts of interest management will be communicated in accordance with what is established in this Law and its regulation; c) Transfer to the Comptroller General of the Republic the semi-annual reports referred to in Article 14 of this Law; and d) Others specified by the regulation of this Law. 15.2 Are obligations of the registry zones: a) Organize, administer and guarantee the proper functioning of the Public Registry of Interest Management; b) Make available to the public the content of the electronic registry entries and the archive where the acts of interest management that gave rise to them are located, with the exception of that information that has a reserved character as established in the Political Constitution; c) Keep updated the indexes and the electronic registry entries of the Public Registry of Interest Management; and d) Others specified by the regulation of this Law. () () Article repealed by the Sole Complementary Repealing Provision of Legislative Decree No. 1353, published on January 7, 2017, which entered into force the day after the publication of the Supreme Decree approving its Regulation and the modification of the Regulation of Organization and Functions of the Ministry of Justice and Human Rights. TITLE V OBLIGATIONS AND PROHIBITIONS OF PUBLIC OFFICIALS Article 16.- On the obligations of public officials The public administration officials referred to in Article 5 of this Law who have been contacted by an interest manager, have the following obligations: a) Send to the Public Registry of Interest Management a summary of the information and documentation provided to them within the framework of interest management; and b) Fill out and send the format prepared by SUNARP for cases of management. () () Article modified by the Sixth Complementary Modifying Provision of Legislative Decree No. 1353, published on January 7, 2017, which entered into force the day after the publication of the Supreme Decree approving its Regulation and the modification of the Regulation of Organization and Functions of the Ministry of Justice and Human Rights, whose text is as follows:

“Article 16.- On the Visit Registry The public entities provided for in Article 1 keep Visit Records in electronic formats in which they record i

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