Law No. 31227 Transferring Competence to the Comptroller General of the Republic for Control and Sanction of Sworn Statements of Interest

El Peruano / Wednesday, June 23, 2021 LEGAL NORMS 5 LEGISLATIVE BRANCH CONGRESS OF THE REPUBLIC LAW NO. 31227 THE PRESIDENT A.I. OF THE CONGRESS OF THE REPUBLIC WHEREAS: THE CONGRESS OF THE REPUBLIC; Has enacted the following Law:

LAW THAT TRANSFERS TO THE COMPTROLLER GENERAL OF THE REPUBLIC THE COMPETENCE TO RECEIVE AND EXERCISE CONTROL, AUDIT, AND SANCTION REGARDING THE SWORN STATEMENT OF INTERESTS OF AUTHORITIES, SERVANTS, AND CANDIDATES FOR PUBLIC OFFICES

Article 1. Objective This law aims to repeal Urgency Decree 020-2019 to establish that the sworn statement of interests of authorities, officials, and public servants of the State, as an instrument for the detection and prevention of conflicts of interest and an indispensable requirement for the exercise of public office or function, is submitted to the system of the Comptroller General of the Republic; this, in order to guarantee autonomy and independence in the control, audit, and sanction of said instruments, in accordance with Article 82 of the Constitution and the constitutional principles of the fight against corruption, transparency, and good administration.

Article 2. Mandatory submission of the sworn statement of interests 2.1. The mandatory submission to the system of the Comptroller General of the Republic of the sworn statement of interests is ordered by the obligated subjects indicated in Article 3 of this norm, regardless of the labor or contractual regime in which they are found in entities of the public administration, including State-owned companies or mixed-economy societies included or not in the business activity of the State and funds constituted totally or partially with public resources, whether of public or private law. 2.2. The sworn statement of interests is a document of a public nature whose submission constitutes an indispensable requirement for the exercise of public office or function and other situations regulated by this law.

Article 3. Obligated subjects The following are obligated to submit the sworn statement of interests those who hold the following positions or perform the functions of: a) President and Vice Presidents of the Republic. b) Members of Congress, parliamentary service officials, and advisors of the parliamentary organization, in accordance with the provisions of the Regulations of Congress. Andean parliamentarians and their advisors are obligated to comply with what is stated in this article. c) Ministers and Vice Ministers of State, prefects, and sub-prefects. d) President and members of the Executive Council of the Judicial Power, as well as Supreme and Superior Judges and specialized, mixed, and justice-of-the-peace judges, titular, provisional, and supernumerary. e) Attorney General, Supreme, Superior, Provincial, and Adjunct Prosecutors, titular and provisional; Head of the National Authority for the Control of the Judicial Power and Head of the National Authority for the Control of the Public Ministry. f) Ombudsman and his/her adjoints; Comptroller General of the Republic and his/her 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 Banking, Insurance, and Private Pension Fund Administrators and his/her adjoints; President of the Central Reserve Bank and his/her directors. g) Regional Governors and Vice Governors, as well as members of regional councils and regional managers. h) Mayors and councilors of local governments and municipal managers. i) Members of the Directing Council of the General Attorney's Office of the State; General Attorney, titular and adjoint; Public Attorneys, titular, adjoint, and ad hoc; as well as all those who exercise by delegation the judicial representation of the State in institutions of national, regional, or local scope. j) General Officers and Admirals of the Armed Forces and National Police of Peru in active service, as well as members who are in charge of an organ or organizational unit of the Armed Forces and National Police of Peru. k) President and members of the boards of directors of State-owned companies or mixed-economy societies included or not in the business activity of the State and of funds constituted totally or partially with public resources, whether of public or private law. l) Those who, being or not officials of the Diplomatic Service of the Republic, serve as ambassadors or heads of diplomatic missions abroad, permanent representatives before international organizations, Chargés d'affaires with letter of credence, Consuls General, and Consuls who exercise the headship of the consular office, heads of chancellery, heads of administration of dependencies that assume the representation of the country abroad, military, naval, air, and police attachés. m) Rector, Vice-Rectors, and Deans of the faculties of public universities; as well as directors of academic programs. n) Members of the Military-Policial Forum, the Fiscal Tribunal, administrative tribunals, collegial or unipersonal resolving organs, or similar. ñ) Heads of entities of the public administration, public organisms, special programs, and projects. o) General Secretaries or those who act in their place, General Managers, General Managers, Heads of organs and organizational units, Heads of offices, Coordinators, Advisors, Technical Secretaries of the administrative disciplinary procedure, and other officials who hold positions of trust, free appointment and removal, or responsibility, in the entities related to the obligated subjects indicated in the preceding letters, including State-owned companies or mixed-economy societies included or not in the business activity of the State and funds constituted totally or partially with public resources, whether of public or private law.

6 LEGAL NORMS Wednesday, June 23, 2021 / El Peruano p) Heads or persons in charge of the systems for the management of human resources, procurement, public budget, treasury, public debt, accounting, public investment, strategic planning, judicial defense of the State, control, and modernization of public management. q) Advisors, councilors, and consultants of the high management of the entities of the Executive Power, Legislative Power, Judicial Power, autonomous constitutional organisms, regional and local governments. Likewise, officials, advisors, councilors, and/or consultants whose economic remuneration is financed by the Managerial Support Fund (FAG) or other similar funds, as well as those coming from technical and financial cooperation, at all levels of government and entities of the State, subject to governmental control. r) Responsible persons, advisors, coordinators, and external consultants in entities of the public administration in charge of the processes for the execution of works by public or private initiative, including the processes for the elaboration of the technical files of works and the respective supervision. s) Those who, in the exercise of their position, labor, or function, are responsible for the elaboration, approval, or modification of the contracting requirements, contracting files, and documents of the selection procedure, corresponding to public bidding, public contest, direct contracting, and simplified awarding as established by the State Contracting Law and its current regulations. t) Professionals and technicians of the organ in charge of contracting who, by reason of their functions, intervene in any of the phases of the contracting. u) Those responsible for the areas that, in the exercise of their position, labor, or function, participate and issue the final approval regarding the affiliation or access of users to social programs in charge of the State, as applicable in each social program. v) Those who, in the exercise of their position, labor, or function, administer, audit, or dispose of funds or State assets equal to or greater than three (3) tax units. w) Conciliators, amicable arbitrators, members of dispute resolution boards, and arbitrators who participate in processes of dispute resolution involving the State, in accordance with what is established in the regulatory provisions of this law. x) Members of the institutional integrity office or the one that acts in its place. y) Others established by the regulatory provisions of this law.

Article 4. Content of the sworn statement of interests 4.1. The sworn statement of interests contains relevant information of the obligated subjects referred to: a) Information on companies, societies, or other public or private entities, in which the declarant and/or his/her spouse or cohabitant possess any kind of patrimonial participation or similar; constituted in the country or abroad. b) Information on the representations, powers, and mandates granted to the declarant and/or his/her spouse or cohabitant, by natural or legal persons, public or private. c) Participation of the declarant and/or his/her spouse or cohabitant in boards of directors, administrative and supervisory councils, advisory councils, directing councils, or any similar collegiate body, whether remunerated or not, in the country or abroad. d) Employment, advisory, consulting, and similar services, in the public and private sectors, whether remunerated or not, in the country or abroad. e) Participation in private organizations, such as political organizations, associations, cooperatives, guilds, and non-governmental organizations. f) Participation in selection committees for public bidding, public contest, direct contracting, and simplified awarding; and entrusted funds. g) Relatives up to the fourth degree of consanguinity and second degree of affinity by reason of marriage, de facto union, or cohabitation, indicating their identity document number, their activities, occupations, and current workplaces or places of work. The information regarding minor children, grandchildren, and siblings is protected and excluded for purposes of publication. The regulatory provisions of this law may establish additional information. 4.2. Letters a), b), c), d), e), and f) comprise information within the period of five (5) years prior to the submission of the sworn statement of interests, when this is presented at the beginning, periodically, and upon cessation of the exercise of public office or function. 4.3. The information indicated in letter g) corresponds to that which the declarant knows at the time of his/her declaration. In case of lack of certainty, this is specified in numeral 2.8 of the format of the sworn statement of interests referred to "Other relevant information that the declarant considers necessary to declare."

Article 5. Submission of the sworn statement of interests 5.1. The sworn statement of interests is submitted through the Sworn Declarations System for the Management of Conflicts of Interest of the Comptroller General of the Republic. 5.2. The Comptroller General of the Republic controls, reviews, publicizes, audits, prevents, mitigates, and sanctions matters related to the sworn statement of interests, in accordance with this law and the regulatory provisions of this law. 5.3. The sworn statement of interests is submitted on the following occasions: a) At the beginning: Within fifteen (15) business days of having been elected, appointed, designated, contracted, or similar. b) Periodic: During the first fifteen (15) business days, after twelve (12) months of having performed the labor. Without prejudice to the foregoing, in case that any relevant fact occurs that must be reported, the obligated subject presents an update of his/her sworn statement of interests, within the term of fifteen (15) business days from the occurrence of said fact. It corresponds to the Comptroller General, in the regulation that he/she approves by virtue of what is provided in this law, to determine the relevant facts that must be reported independently of the term for the periodic submission of sworn statements of interests. c) Upon cessation: Within fifteen (15) business days of having extinguished the labor or contractual link, being a requirement for the handover of office, conformity of services, or similar. The non-compliance with the submission of the sworn statements of interests established in letters b) and c) or the late, incomplete, or false submission will give rise to the respective administrative sanction in charge of the Comptroller General of the Republic.

Article 6. Report of obligated subjects The human resources office and the logistics office, or those that act in their place in the entity, respectively, provide pertinent and updated information so that the highest administrative authority elaborates and updates the list of obligated subjects to the submission of the sworn statement of interests. For this effect, the institutional integrity office of the entity or the one that acts in its place provides the respective advice.

Article 7. Follow-up on the submission of the sworn statement of interests The institutional control office or the Comptroller General of the Republic, as the case may be, performs the follow-up and request, if applicable, for the compliance with the submission of the sworn statement of interests.

Article 8. Publication of the sworn statement of interests The sworn statements of interests of the obligated subjects are published on the website of the Comptroller General of the Republic, on the Standard Transparency Portal, and on the institutional website of each entity of the obligated subjects.

Article 9. Prevention and mitigation of conflict of interest The Comptroller General of the Republic, in coordination with the institutional integrity office or the one that acts in its place, promote actions for the prevention and mitigation of conflicts of interest in accordance with the regulatory provisions of this law.

Article 10. Annual report The Comptroller General of the Republic publishes an annual report on the compliance with this norm within the first quarter of the following fiscal year.

Article 11. Open data The Comptroller General of the Republic coordinates with the Presidency of the Council of Ministers, so that, through the Secretariat of Public Integrity and the Secretariat of Digital Government, the necessary steps are taken so that the information contained in the sworn statement of interests is available on the National Open Data Portal (www.datosabiertos.gob.pe).

Article 12. Audit, review, and governmental control The Comptroller General of the Republic performs the technical procedures and agreements necessary for interoperability with public and private entities, in order to have access to the information or updated database that each entity administers, collects, systematizes, creates, or possesses. The review and audit procedure of the sworn statement, in relation to the interests of the obligated, will have as its object to determine if the interests declared by the obligated subject are compatible with the exercise of their functions, and other aspects of relevance that derive from them established in the regulatory provisions of this law. As a consequence thereof, the Comptroller General of the Republic may execute the control services and related services that correspond for the identification of administrative, civil, and penal responsibilities in accordance with the applicable current norms.

Article 13. Preventive sworn statement of interests The following are obligated to submit a preventive sworn statement of interests in the Sworn Declarations System for the Management of Conflicts of Interest of the Comptroller General of the Republic, before their election or designation in accordance with what is provided in numeral 5.1 of Article 5 of this law: a) Any candidate for a popularly elected office. b) Candidates for members of the Constitutional Court; to members of the National Justice Board; to Comptroller General of the Republic and Deputy Comptrollers; to Ombudsman, Ministers of State or Vice Ministers; to President and Director of the Central Reserve Bank; to Head of RENIEC; to Head of ONPE; to Superintendent of Banking, Insurance, and Private Pension Fund Administrators and his/her Superintendents; to President and Directors of INDECOPI and of the regulatory organisms; to National Superintendent of Public Registries and his/her adjoints; and, to National Superintendent of Customs and Tax Administration and his/her adjoints. Without prejudice to whether the obligated subject to the submission of the preventive sworn statement of interests has been elected or not for the position to which he/she ran, the Comptroller General of the Republic may perform the evaluation and/or audit of said sworn statements of interests, within the terms and conditions established by the regulation. c) Candidates for Supreme and Superior Judges and specialized, mixed, and justice-of-the-peace judges, titular, provisional, and supernumerary. d) Candidates for Supreme, Superior, Provincial, and Adjunct Prosecutors, titular and provisional. e) Others established by the regulatory provisions of this law. The sworn statement of interests of candidates for a popularly elected office is submitted, at the latest, on the date of expiration of the term for the submission of the application for registration of the candidacy and is published on the portal in accordance with Article 8 of this law, on the website of the National Jury of Elections, and on others established by the regulatory provisions of this law. The sworn statement of interests of candidates for the other positions established in this article is also submitted, at the latest, on the date of expiration of the term for the registration of candidacies, and is published on the website of the entity in charge of the election or designation that corresponds, on the website of the Comptroller General of the Republic, and on others established by the regulatory provisions of this law. In the case of authorities who do not run or do not have the condition of candidates to access and occupy any of the public positions described in this law or its regulation, as is the case of Ministers, Vice Ministers of State, and the Head of the National Superintendency of Customs and Tax Administration, the sworn statement of interests must be submitted within a maximum term of forty-eight (48) hours counted from the day following the publication of the act where the election or designation of the corresponding authority is recorded. In the case of the subjects described in letters c) and d) of this article, they must also present their respective sworn statement of interests, within a maximum term of two (2) business days of having taken knowledge of the start of the corresponding ratification procedure.

COMPLEMENTARY FINAL PROVISIONS FIRST. Dissemination, guidance, and supervision The Comptroller General of the Republic, in coordination with the Secretariat of Public Integrity of the Presidency of the Council of Ministers and with the National Authority of Civil Service (SERVIR), carry out dissemination, guidance, and supervision actions, as appropriate, for the purposes of compliance in the timely submission of the sworn statement of interests by the obligated subjects.

SECOND. Request for access keys for the Sworn Declarations System for the Management of Conflicts of Interest All entities of the public administration included in Article I of the Preliminary Title of the Unified Text of Ordered Norms of Law 27444, General Administrative Procedure Law, approved by Supreme Decree 004-2019-JUS, including State-owned companies or mixed-economy societies included or not in the business activity of the State and funds constituted totally or partially with public resources, whether of public or private law, are obligated to request from the Comptroller General of the Republic the access keys to the Sworn Declarations System for the Management of Conflicts of Interest of the obligated subjects of their entity in accordance with what is provided in Article 3 of this law.

THIRD. Resolution of inquiries The Comptroller General of the Republic enables a center for the resolution of inquiries referred to the scope of this norm.

FOURTH. References Any allusion to Supreme Decree 138-2019-PCM or Urgency Decree 020-2019, regarding the submission of the sworn statement of interests in the public sector, is understood to refer to this law.

FIFTH. Interoperability To comply with what is provided in this law, public entities, under responsibility, must provide to the Comptroller General of the Republic the connection and access to their databases, computer systems, and any mechanism for the review of information contained in the sworn statements of interests.

SIXTH. Regulatory provisions The Comptroller General of the Republic is entrusted to issue, within the scope of its competence and within a term of thirty (30) business days, counted from the publication of this law, the provisions and execute the necessary actions to implement and guarantee the control, audit, and sanction regarding the sworn statement of interests.

SEVENTH. Modification of sworn statement of interests format The format of the sworn statement of interests, which as an annex forms part of this norm, may be modified by the Comptroller General of the Republic, respecting the content established in this law.

EIGHTH. Repeal Urgency Decree 020-2019 and any norm that opposes what is provided in this law are repealed.

NINTH. Infractions and sanctions The infractions for non-compliance or late, incomplete, or false submission of the sworn statements of interests regulated in this law, as well as their respective sanctions, are those provided in Law 27785, Organic Law of the National Control System and of the Comptroller General of the Republic.

TENTH. Sworn statement of interests in the Congress of the Republic The sworn statement of interests in the Congress of the Republic is governed by the provisions of the Regulations of the Congress of the Republic.

COMPLEMENTARY PROVISIONS

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