Supreme Decree No. 019-2002-PCM

Peruvian Legal Information System Ministry of Justice Regulations for the Law that established prohibitions and incompatibilities for officials and public servants, as well as for persons who provide services to the State under any contractual modality

SUPREME DECREE No. 019-2002-PCM

CONCORDANCES: Law No. 27815 (Law of the Code of Ethics of Public Service) R. No. 075-2003-SEPS-CD R. No. 528-2005-CG Board Agreement No. 001-2006-003-FONAFE (Approves Directive on Neutrality and Transparency of Personnel of State-Owned Enterprises during Electoral Processes) R.M. No. 028-2006-PRODUCE (Approves "Ethics Norms of the Ministry of Production") Directive No. 001-CND-P-2006 (Transparency Norms in the Conduct and Performance of Officials and Public Servants, as well as Persons who provide services to the State in the National Council of Decentralization)

THE PRESIDENT OF THE REPUBLIC

CONSIDERING:

That, through Law No. 27588, the corresponding prohibitions and incompatibilities for officials and public servants, as well as for persons who provide services to the State under any contractual modality, have been established;

That, the objective of the aforementioned norm is to prevent persons who have served the State from using privileged or relevant information to which they had access or that situations of conflict of interest may arise that could harm the State;

That, it is convenient to clarify the scope of the impediments established in Article 2 of the cited Law, in order to achieve its correct application and promote the participation of highly qualified persons or specialists in certain topics, in the provision of services in favor of the State or of any of the entities that comprise it;

That, additionally, there is the case of highly qualified professionals who exercise their professional activity independently in favor of State entities and complementarily other natural or legal persons in the private sector and; an inadequate application of the impediments of the cited Law could create obstacles to continuing to provide services in favor of the State;

In accordance with Article 118 paragraph 8) of the Political Constitution and the First Complementary Provision of Law No. 27588;

DECREES:

Article 1.- Object of the Regulation This regulation aims to clarify the scope of Law No. 27588, Law that establishes prohibitions and incompatibilities for officials and public servants, as well as for persons who provide services to the State under any contractual modality; in accordance with what is established in the First Complementary Provision of the cited Law.

Article 2.- Impediments applicable to members of Tribunals and Administrative Instances. The impediments indicated in Article 2 of the Law, applicable to members or

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Peruvian Legal Information System Ministry of Justice integrants of Tribunals or instances in charge of resolving conflicts in the administrative venue, occur with respect to the companies and entities that had participated in cases processed before such departments, during the time that such persons held the office.

Article 3.- Impediments applicable to members and holders of management bodies of entities of the public administration. The impediments indicated in Article 2 of the Law, applicable to the members and holders of management and administration bodies of entities of the public administration occur with respect to the companies and entities over which such department of the public administration had had direct functional competence, during the time that such subjects held the office.

Article 4.- Impediments applicable to high officials, advisors, and servants in charge of the proposal of norms and actions of entities of the public administration. The impediments indicated in Article 2 of the Law, applicable to the aforementioned officials, advisors, and servants in charge of norms and actions of entities of the public administration, occur with respect to the companies and entities over which such department of the public administration had had direct functional competence and that were affected by said norms and actions, during the time that such subjects held the office.

Article 5.- Impediments applicable to high officials, advisors, and servants in charge of the formulation, approval and/or supervision of norms and actions of entities of the public administration. The impediments indicated in Article 2 of the Law, applicable to the high officials, advisors, and servants in charge of the formulation, approval and/or supervision of norms and actions of entities of the public administration, occur with respect to the companies and entities over which such department of the public administration had had direct functional competence, during the time that such subjects held the office.

Article 6.- Impediments applicable to advisors and servants with specific assignments. The impediments indicated in Article 2 of the Law, will be applicable to advisors and servants with specific assignments, when there is exclusive dedication or the duration of the same is greater than 4 months. In this case, the impediments occur with respect to the companies and entities under the scope of the assignment.

The 4-month period is calculated considering all existing contracts between an entity of the public administration and the advisor and/or servant, in a given exercise.

Article 7.- Impediments applicable to members of Advisory Commissions. The members of Advisory Commissions are only subject to the impediment indicated in Article 2 letter f) of the Law, with respect to the companies and entities over which such department of the public administration had had functional competence and that were affected by norms and actions proposed by the Advisory Commission, during the time that such subjects held the office.

Article 8.- The following cases are not included in the scope of Law No. 27588:

a. Contracts for the provision of public services or, that deal with operations that the company normally carries out with third parties and, as long as they are agreed upon under the conditions offered to other consumers or users.

b. The shares or participations of societies, that public officials had owned, at the moment of assuming the public office or function.

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Peruvian Legal Information System Ministry of Justice Article 9.- Repealing Norm Supreme Decree No. 023-99-PCM is repealed.

Given in the Government House, in Lima, on the seventh day of the month of March of the year two thousand two.

ALEJANDRO TOLEDO Constitutional President of the Republic

ROBERTO DAÑINO ZAPATA President of the Council of Ministers

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