Supreme Decree No. 180-2021-PCM Approving the Executive Branch Integrity Strategy for 2022 to Prevent Acts of Corruption

El Peruano / Friday, December 10, 2021 LEGAL NORMS 3 EXECUTIVE BRANCH PRESIDENCY OF THE COUNCIL OF MINISTERS Supreme Decree Approving the Executive Branch Integrity Strategy for 2022 to Prevent Acts of Corruption SUPREME DECREE No. 180-2021-PCM THE PRESIDENT OF THE REPUBLIC CONSIDERING:
That, Article 39 of the Political Constitution of Peru establishes that all public officials and workers are at the service of the Nation; That, by Supreme Decree No. 092-2017-PCM, Supreme Decree Approving the National Policy on Integrity and Fight against Corruption, the aforementioned National Policy is approved, which is mandatory for all entities of the different Powers of the State, Autonomous Constitutional Bodies, and the different levels of government; That, the National Policy on Integrity and Fight against Corruption establishes as its general objective to have transparent and honest institutions that practice and promote probity in the public sphere, business sector, and civil society; and to guarantee the effective prevention and sanction of corruption at the national, regional, and local levels, with the active participation of citizens; That, likewise, through Supreme Decree No. 044-2018-PCM, Supreme Decree Approving the National Plan on Integrity and Fight against Corruption 2018-2021, the aforementioned National Plan is approved, which develops the objectives of the National Policy on Integrity and Fight against Corruption and, as part of the implementation strategy, includes Table No. 11 Integrity Model for entities in the public sector, which in turn considers as components: The commitment of Senior Management, Risk Management, Integrity Policies, Transparency, open data, and accountability, among others; That, in the same sense, the General Government Policy for the period 2021-2026, approved by Supreme Decree No. 164-2021-PCM, establishes as one of the priority axes of said General Policy, the Strengthening of the democratic system, citizen security, and fight against corruption, drug trafficking, and terrorism; That, under this regulatory framework, and considering that the National Plan on Integrity and Fight against Corruption is valid until the end of this year, it is necessary to approve an Executive Branch Integrity Strategy for 2022 to Prevent Acts of Corruption, aimed at strengthening the coordinated response of all entities belonging to the Executive Branch, to ensure compliance with the National Policy on Integrity and Fight against Corruption and the implementation of the Integrity Model for entities in the public sector. In accordance with numeral 8 of Article 118 of the Political Constitution of Peru; and, Law No. 29158, Organic Law of the Executive Branch; DECREES:
Article 1. Approval of the Executive Branch Integrity Strategy for 2022 to Prevent Acts of Corruption
The Executive Branch Integrity Strategy for 2022 to Prevent Acts of Corruption is approved, which consists of ten actions, prioritized in four areas.
Article 2. Purpose of the Executive Branch Integrity Strategy for 2022 to Prevent Acts of Corruption
The Strategy approved by the preceding article aims to strengthen the coordinated response of all entities belonging to the Executive Branch, to ensure compliance with the National Policy on Integrity and Fight against Corruption and the implementation of the Integrity Model for entities in the public sector. Likewise, to ensure the proper functioning of the entities of the Executive Branch, through the mitigation of risks that affect public integrity and that lead to the occurrence of possible acts of corruption, as well as administrative offenses and questionable practices.
Article 3. Actions of the Executive Branch Integrity Strategy for 2022 to Prevent Acts of Corruption
The Executive Branch Integrity Strategy for 2022 to Prevent Acts of Corruption comprises the following ten actions, prioritized in four areas:
A. To ensure probity and suitability in the exercise of public function

1. Implement due diligence mechanisms for the appointment and hiring of officials, civil servants, and service providers
   1.1 For the appointment of public officials and executives, entities must observe compliance with job profiles and update them according to the standards issued by the National Civil Service Authority (SERVIR) for this purpose; likewise, they establish standardized mechanisms, incorporating criteria to verify the technical and moral suitability of personnel, both prior to and after their selection. This includes trust-based civil servants.
   1.2 For labor hiring through public competition, entities establish protocols that ensure fair access to public positions and limit the participation of user areas to what is strictly necessary or possible interference by officials or public servants, ensuring transparency and objectivity of the process in all its phases.
   1.3 For the hiring of service contracts, including those contracted under the Managerial Support Fund for the Public Sector - FAG and Highly Qualified Personnel - PAC, entities incorporate anti-corruption clauses in contracts, in order to apply the consequences in cases where there are omissions of the principles, duties, and prohibitions established in Law No. 27815, Law of the Code of Ethics of Public Function and in other norms related to the matter.
2. Strengthen capacities and develop information, dissemination, and internal and external awareness campaigns on public integrity
   To ensure compliance with provisions on public ethics and integrity, entities:
   i) ensure access to standardized induction and capacity development mechanisms; ii) incorporate actions or activities in their Internal Communication Plan; iii) develop sensitization activities for staff; iv) participate in intersectoral communication strategies on the matter; and, v) develop dissemination activities directed at citizens and stakeholders. B. To strengthen transparency and accountability
3. Ensure the implementation of the Standard Online Visit Registry
   To account for meetings and activities that occur with the participation of officials, civil servants, and those who perform public functions, including possible acts of interest management or meetings in a digital environment, entities implement the Standard Online Visit Registry in accordance with what is established in Law No. 28024, Law that regulates interest management in public administration, and its Regulations approved by Supreme Decree No. 120-2019-PCM.
4. Ensure strict compliance with norms to prevent and manage possible conflicts of interest
   To ensure strict compliance with norms to prevent and manage possible conflicts of interest, entities implement the protocols and/or guidelines approved by the Public Integrity Secretariat of the Presidency of the Council of Ministers for the timely prevention and management of possible conflicts of interest, so as to avoid the undue privilege of private interests over the public interest or to question the legitimacy and impartiality in public decision-making. Likewise, they ensure the timely submission of the Sworn Interest Declarations of officials, civil servants, and those who perform public functions in the system of the Comptroller General of the Republic, in accordance with the law on the matter, having access to the public data registered by the obligated subjects, to optimize the timely management of alerts on possible conflicts of interest.
5. Implement the Registry of Requests for Attention of Interest Management Hearings
   In the interest of equity and transparency in access to dialogue with authorities and officials with decision-making capacity in the public sector, entities implement the Registry of Requests for Attention of Interest Management Hearings, through which natural or legal persons can request a meeting to expose their points of view on matters of public interest with duly established criteria.
   C. To strengthen institutional capacity and continuous improvement
6. Identify risks that affect public integrity
   Entities implement a process of identification, evaluation, and mitigation of risks that could affect public integrity; that is, the possibility that a certain conduct transgresses, by action or omission, the respect for the values of the organization, as well as the principles, duties, and norms related to the exercise of public function and constitutes a practice contrary to ethics or corrupt practice; particularly in the most sensitive processes, such as the provision of public services, public contracting, human resource management, and access to public information, among others.
7. Apply the Preventive Capacity Index against Corruption and implement the Integrity Model for entities in the public sector
   Entities apply the Preventive Capacity Index against Corruption, with a result not less than 41% in the evaluation of the progress in the implementation of the Integrity Model for entities in the public sector and the standard established for entities in the public sector, according to the guidelines issued by the Public Integrity Secretariat of the Presidency of the Council of Ministers for this purpose. The Preventive Capacity Index against Corruption is the tool that allows measuring the entity's adequacy to the integrity standard through the development of the components and subcomponents of the integrity model, evidencing gaps and opportunities for improvement in its implementation.
8. Strengthen institutional capacity in the matter of Transparency and Public Integrity
   To strengthen the effectiveness and independence in the evaluation of the performance of entities in the matter of transparency and public integrity, the Presidency of the Council of Ministers and the Ministry of Justice and Human Rights strengthen the regulatory framework of the Public Integrity Secretariat and the National Authority for Transparency and Access to Public Information, respectively, enhancing their capacity for synergy and competencies on the matter. D. To strengthen social control and whistleblowing
9. Promote mechanisms of volunteering
   To facilitate the social control activities promoted by citizens and strengthen participation, mainly of students at the technical and higher education levels, entities in coordination with universities and higher education centers, nationwide, promote volunteering actions directed at students, recognizing their contribution to improving the ethical performance of public function and the administration of public resources. For the development of this action, the Presidency of the Council of Ministers articulates with the Ministry of Women and Vulnerable Populations and the Ministry of Education.
10. Ensure the implementation of the Unique Digital Platform for Citizen Complaints and strengthen protection measures and incentives for whistleblowers
    10.1. The Presidency of the Council of Ministers, through the Secretariat of Government and Digital Transformation and the Public Integrity Secretariat, strengthens the Unique Digital Platform for Citizen Complaints to ensure its accessibility to citizens and the generation of quantitative and statistical information on the management of complaints regarding acts of corruption and the granting of protection mechanisms to whistleblowers of possible acts of corruption.
    10.2 Entities are users of the Unique Digital Platform for Citizen Complaints, following the guidelines established for its use, so as to optimize the timely management of alerts on possible cases of corruption or acts contrary to ethics, avoiding duplication of efforts and unnecessary bureaucracy in the receipt of complaints.
    10.3. With the support of the High-Level Anti-Corruption Commission and sectors related to the matter of the Executive Branch, the Presidency of the Council of Ministers evaluates the current regulatory framework to strengthen protection measures for whistleblowers of possible acts of corruption in the administrative and penal scope; as well as the existing incentives for the presentation of complaints that allow intervening timely and effectively against the commission of possible acts of corruption in the public apparatus.
    Article 4. Financing
    What is established in this Supreme Decree is financed from the institutional budget of the involved entities, without demanding additional resources from the Public Treasury.
    Article 5. Publication
    The publication of this Supreme Decree is ordered in the Unique Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe), in the Public Integrity Platform (www.gob.pe/integridad) and, in the digital headquarters of the Presidency of the Council of Ministers (www.gob.pe/pcm), the Ministry of Justice and Human Rights (www.gob.pe/minjus), the Ministry of Education (www.gob.pe/minedu), and the Ministry of Women and Vulnerable Populations (www.gob.pe/mimp), on the same day of its publication in the Official Journal El Peruano.
    Article 6. Counter-signature
    This Supreme Decree is counter-signed by the President of the Council of Ministers, the Minister of Justice and Human Rights, the Minister of Education, and the Minister of Women and Vulnerable Populations.
    COMPLEMENTARY FINAL PROVISIONS
    First. Approval of protocols and/or guidelines The Public Integrity Secretariat of the Presidency of the Council of Ministers, within the framework of its competencies, approves the protocols and/or guidelines to prevent and manage possible conflicts of interest and guarantee the implementation of this Supreme Decree. These protocols and/or guidelines are published on the Public Integrity Platform (www.gob.pe/integridad). Second. Registry of Requests for Attention of Interest Management Hearings The Secretariat of Government and Digital Transformation, in coordination with the Public Integrity Secretariat of the Presidency of the Council of Ministers, implements the Registry of Requests for Attention of Interest Management Hearings, within a period of forty business days, counted from the entry into force of this norm. This registry is public and transparent, and is mandatory for public entities belonging to the Executive Branch in accordance with the provisions issued by the Presidency of the Council of Ministers, through the Public Integrity Secretariat in coordination with the Secretariat of Government and Digital Transformation. Third. Strategic coordination To ensure the development of mechanisms and tools that allow compliance with the Executive Branch Integrity Strategy for 2022 to Prevent Acts of Corruption, the Public Integrity Secretariat of the Presidency of the Council of Ministers coordinates and articulates with the following bodies and entities:

• The Secretariat of Government and Digital Transformation of the Presidency of the Council of Ministers.
• The Secretariat of Public Management of the Presidency of the Council of Ministers.
• The Secretariat of Social Communication of the Presidency of the Council of Ministers.
• The Ministry of Education.
• The Ministry of Women and Vulnerable Populations.
• The Ministry of Justice and Human Rights.
• The National Authority for Transparency and Access to Public Information.
• The National Civil Service Authority.
  Fourth. Sectoral coordination
  To ensure an efficient implementation of the Executive Branch Integrity Strategy for 2022 to Prevent Acts of Corruption, at the sectoral level, the Institutional Integrity Office or the one acting on its behalf in the ministry, articulates and coordinates permanently with the Institutional Integrity Office or the one acting on its behalf of the entity attached to it. Fifth. Institutional coordination To ensure an efficient implementation of the Executive Branch Integrity Strategy for 2022 to Prevent Acts of Corruption at the institutional level, the Institutional Integrity Office or the one acting on its behalf in each entity, articulates permanently with the human resources office, the communications office, and other organs according to the scope of their competencies. Sixth. Report of prioritized actions The Institutional Integrity Office or the one acting on its behalf in the entity, reports the compliance of the prioritized actions at the institutional level through the Preventive Capacity Index against Corruption implemented by the Public Integrity Secretariat of the Presidency of the Council of Ministers. When the Institutional Integrity Office, or the one acting on its behalf, is part of the organizational structure of a ministry, it is responsible for supervising the compliance of the referred report at the sectoral level. Seventh. Monitoring The Public Integrity Secretariat of the Presidency of the Council of Ministers carries out the monitoring of the compliance of the prioritized actions through the Preventive Capacity Index against Corruption. Eighth. Regulatory adaptation Once the National Policy on Integrity and Fight against Corruption is updated, in accordance with what is provided in the Regulations that regulate National Policies, approved by Supreme Decree No. 029-2018-PCM, the Executive Branch Integrity Strategy for 2022 to prevent acts of corruption shall, if applicable, adapt to its objectives and guidelines. COMPLEMENTARY TRANSITORY PROVISION Sole. Validity of the Integrity Model for entities in the public sector The Integrity Model for entities in the public sector, provided for in Table No. 11 of the National Plan on Integrity and Fight against Corruption 2018-2021, approved by Supreme Decree No. 044-2018-PCM, remains valid until the update of the National Policy on Integrity and Fight against Corruption. Given in the Government House, in Lima, on the ninth day of the month of December of the year two thousand twenty-one. JOSÉ PEDRO CASTILLO TERRONES President of the Republic MIRTHA ESTHER VÁSQUEZ CHUQUILÍN President of the Council of Ministers CARLOS ALFONSO GALLARDO GÓMEZ Minister of Education ANAHÍ DURAND GUEVARA Minister of Women and Vulnerable Populations ANÍBAL TORRES VÁSQUEZ Minister of Justice and Human Rights 2020163-1 CULTURE Assigns environmental functions to the General Directorate of Defense of Cultural Heritage, temporarily MINISTERIAL RESOLUTION No. 000353-2021-DM/MC San Borja, December 9, 2021 SEEN; the
  Memoranda No. 001154-2021-DGDP/MC and No. 001429-2021-DGDP/MC from the General Directorate of Defense of Cultural Heritage; the Memoranda No. 000649-2021-OGPP/MC, No. 000664-2021-OGPP/MC and No. 000835-2021-OGPP/MC from the General Office of Planning and Budget; the Report No. 001440-2021-OGAJ/MC from the General Office of Legal Advice; and, CONSIDERING:
  That, by Law No. 29565, Law of creation of the Ministry of Culture and its modifier, the Ministry of Culture is created, as an organism of the Executive Branch with legal personality of public law, establishing the programmatic areas of action on which it exercises its competencies and attributes for the achievement of the State's objectives and goals; That, numeral 58.1 of Article 58 of Law No. 28611, General Environmental Law, establishes that ministries and their respective decentralized public organisms, as well as regulatory or oversight organisms, exercise environmental functions and attributes on the activities and matters indicated in the Law; That, through Law No. 27446, Law of the National System for the Evaluation of Environmental Impact, a unique and coordinated system is created for the identification, prevention, supervision, control, and early correction of negative environmental impacts derived from actions