REPUBLIC OF PERU

Supreme Decree No. 185-2021-PCM

SUPREME DECREE CREATING THE PUBLIC SECTOR DUE DILIGENCE PLATFORM

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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, Article 4 of Law No. 29158, Organic Law of the Executive Power, states that it is the exclusive competence of the Executive Power to design and supervise national and sectoral policies, which are mandatory for State entities at all levels of government;

That, through Supreme Decree No. 092-2017-PCM, Supreme Decree that approves the National Policy on Integrity and Fight against Corruption, it is established as a general objective to have transparent and integrity 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, by Supreme Decree No. 044-2018-PCM, Supreme Decree that approves the National Plan on Integrity and Fight against Corruption 2018-2021, the objectives of the National Policy on Integrity and Fight against Corruption are developed, and the Integrity Model for public sector entities is regulated, which contains as part of component 3. Integrity Policies, subcomponent 3.4, the Due Diligence Policy;

That, with Supreme Decree No. 345-2018-EF, Supreme Decree that approves the National Policy on Competitiveness and Productivity, the National Policy on Competitiveness and Productivity is approved, which is mandatory for all entities of the different Powers of the State, Constitutional Autonomous Bodies, and of the different levels of government. It is also mandatory for the private sector and civil society, insofar as it is applicable to them;

That, the National Policy on Competitiveness and Productivity has as its general objective the generation of well-being for all Peruvians based on sustainable economic growth with a territorial focus; and as Priority Objective No. 8, to strengthen the country's institutional framework, which starts from recognizing the direct relationship between the quality of institutions and economic growth, addressing the

problem of corruption, which affects the functioning of institutions and reduces the opportunities to provide quality services to citizens;

That, through Supreme Decree No. 237-2019-EF, Supreme Decree that approves the National Plan on Competitiveness and Productivity 2019-2030, a series of measures are presented to advance in the achievement of the country's vision established in the nine Priority Objectives of the National Policy on Competitiveness and Productivity;

That, the National Plan on Competitiveness and Productivity 2019-2030 establishes as Policy Measure 8.5 of Priority Objective No. 8 the creation of the "Anti-corruption and Integrity Traffic Light" platform, in order to equip the State with an integrated system for collecting, processing, and articulating information from the Judicial Power, the Public Ministry, the National Civil Service Authority – SERVIR, the Presidency of the Council of Ministers, among other public entities, regarding administrative procedures and criminal proceedings related to anti-corruption matters;

That, likewise, through Supreme Decree No. 164-2021-PCM, Supreme Decree that approves the General Government Policy for the period 2021-2026, one of the priority axes of said General Policy is established: Strengthening the democratic system, citizen security, and the fight against corruption, drug trafficking, and terrorism;

That, in merit of the above, it is necessary to create a digital platform that serves as an integrity tool destined to strengthen an effective fight against corruption and raise the standards of public conduct; as well as, to approve a set of provisions to guarantee its proper implementation and updating, and that it be used by all entities of the public administration;

In accordance with the provisions of Law No. 29158, Organic Law of the Executive Power; Supreme Decree No. 345-2018-EF, which approves the National Policy on Competitiveness and Productivity; and, Supreme Decree No. 237-2019-EF, which approves the National Plan on Competitiveness and Productivity 2019-2030;

DECREES:

Article 1.- Creation of the Public Sector Due Diligence Platform
The Public Sector Due Diligence Platform is created, under the responsibility of the Presidency of the Council of Ministers, as a digital platform that serves as an integrity tool destined to strengthen an effective fight against corruption and raise the standards of public conduct.

Article 2.- Approval of provisions for the implementation of the Public Sector Due Diligence Platform
The "Provisions for the implementation of the Public Sector Due Diligence Platform" are approved, which as an Annex form an integral part of this Supreme Decree.

# REPUBLIC OF PERU

## Supreme Decree

### Article 3.- Scope of application
This Supreme Decree is of national scope for all entities of the Public Administration included in Article I of the Preliminary Title of the Single Text of the General Administrative Procedure Law No. 27444, approved by Supreme Decree No. 004-2019-JUS.

### Article 4.- Financing
The implementation of the Public Sector Due Diligence Platform, created by Article 1 of this Supreme Decree, is carried out from the institutional budget of the Presidency of the Council of Ministers, without demanding additional resources from the Public Treasury.

### Article 5.- Publication
The publication of this Supreme Decree and its Annex is ordered in the Single Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe), as well as in the digital headquarters of the Presidency of the Council of Ministers (www.gob.pe/pcm), on the same day of its publication in the Official Gazette El Peruano.

### Article 6.- Countersignature
This Supreme Decree is countersigned by the President of the Council of Ministers and the Minister of Justice and Human Rights.

## FINAL COMPLEMENTARY PROVISIONS

### First.- Interoperability
The Public Sector Due Diligence Platform makes use of the information services published in the National Interoperability Platform, in accordance with the guidelines issued by the Secretariat of Government and Digital Transformation of the Presidency of the Council of Ministers.

The entities included in the scope of application of this regulation publish data and information services, free of charge, permanently, and updated, on the National Interoperability Platform for the purposes of implementing the Public Sector Due Diligence Platform.

### Second.- Platform information
The Public Sector Due Diligence Platform is subject to what is established in the Single Text of Law No. 27806, Law on Transparency and Access to Public Information, approved by Supreme Decree No. 021-2019-JUS; as well as, what is established in Law No. 29733, Law on the Protection of Personal Data, insofar as applicable.

### Third.- Validity
This Supreme Decree enters into force from the day following its publication in the Official Gazette El Peruano, with the exception of Article 8 of the Provisions for the implementation of the Public Sector Due Diligence Platform, which enters into force within a period of three months counted from the day following the publication of this regulation.

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

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**JOSÉ PEDRO CASTILLO TERRONES**
President of the Republic

**MIRTHA ESTHER VÁSQUEZ CHUQUILÍN**
President of the Council of Ministers

**ANÍBAL TORRES VÁSQUEZ**
Minister of Justice and Human Rights

PROVISIONS FOR THE IMPLEMENTATION OF THE PUBLIC SECTOR DUE DILIGENCE PLATFORM

CHAPTER I

GENERAL PROVISIONS

Article 1. Purpose
The Public Sector Due Diligence Platform aims to provide the Peruvian State with an integrity tool destined to strengthen an effective fight against corruption and raise the standards of public conduct.

Article 2. Objectives
The Public Sector Due Diligence Platform has the following objectives:

2.1. To congregate and articulate in a single digital platform information from various entities of the public administration regarding administrative procedures, criminal proceedings, and any action that evidences risks affecting public integrity.

2.2. To provide information to public entities and the general public, with cultural relevance, regarding administrative procedures, criminal proceedings, and any action affecting public integrity in which officials, employees, and anyone exercising a public function are involved, regardless of their labor or contractual link.

2.3. To constitute an alert system that enables adequate filtering for the hiring of personnel, selection of candidates for public or trust positions, or for the contracting of works, goods, or services.

Article 3. Administration
The Public Sector Due Diligence Platform is administered by the Presidency of the Council of Ministers and constitutes a digital platform of the Peruvian State.

CHAPTER II

MANAGEMENT OF THE PUBLIC SECTOR DUE DILIGENCE PLATFORM

Article 4. Implementation and updating
4.1. The Presidency of the Council of Ministers, through the Secretariat of Public Integrity, with the support of the Secretariat of Government and Digital Transformation, is responsible for the implementation and updating of the Public Sector Due Diligence Platform. For this purpose, it performs the following:

a) Request information from the entities responsible for the records indicated in numeral 4.3 of Article 4 of these Provisions, if necessary.

b) Request collaboration, opinion, or technical input from the entities responsible for the records indicated in numeral 4.3 of Article 4 of these Provisions, if necessary.

c) Prepare reports regarding the data and figures contained in the Public Sector Due Diligence Platform.

d) Perform due diligence actions individually or jointly with other Entities, selectively or unexpectedly.

4.2. The Public Sector Due Diligence Platform is available on the Single Digital Platform of the Peruvian State for Citizen Orientation (GOB.PE Platform) and is publicly accessible regarding the general information provided in numeral 6.1 of Article 6 of these Provisions.

4.3. The Secretariat of Public Integrity, with the support of the Secretariat of Government and Digital Transformation, implements and updates the Public Sector Due Diligence Platform with the information provided by the following records:

a) State Suppliers Search / Single Supplier File, managed by the State Contracting Supervising Agency, regarding sanctions imposed by the Contracting Tribunal on State suppliers and penalties imposed and registered by public entities.

b) Platform for Access to Jurisdictional Resolutions – PARJUR, regarding final judicial rulings issued in criminal proceedings related to the crimes provided for in articles 382 to 384, 387 to 389, 393 to 401 of the Penal Code.

c) Registry of Delinquent Alimony Debtors – REDAM.

d) National Registry of Convictions – RNC.

e) National Registry of Detainees and Sentenced to Effective Deprivation of Liberty – RENADESPPLE, regarding the stages of the criminal process of those under investigation, and those sentenced to effective deprivation of liberty, related to the crimes provided for in articles 382 to 384, 387 to 389, 393 to 401 of the Penal Code.

f) Registry of Administrative Procedures Related to Corruption – REPRAC.

g) National Registry of Lawyers Sanctioned for Professional Misconduct – RNAS, regarding sanctions of suspension and disqualification from practicing the profession or developing legal sponsorship on behalf of third parties.

h) National Registry of Sanctions against Civil Servants – RNSSC.

i) Electronic System of Judicial Backgrounds – SEAJ.

j) Police Informatics System for Police Requests of the National Police of Peru – SIRQPNP.

k) Registry of Delinquent Judicial Debtors – REDJUM.

l) Other records related to anti-corruption and integrity matters.

Article 5. Content
The Public Sector Due Diligence Platform contains the following information:

a) General data: Name and National Identity Document number and Unique Taxpayer Registry of the official, employee, and anyone exercising a public function, regardless of their labor or contractual link.

b) Specific data: Detail of the records indicated in numeral 4.3 of Article 4 of these Provisions.

Article 6. Access levels
The access levels to the Public Sector Due Diligence Platform are as follows:

6.1. Public: Reports sanctions and other actions that are public by law. This level is accessible to the citizenry, with cultural relevance.

6.2. Restricted: Reports the detail of information provided by the records indicated in numeral 4.3 of Article 4 of these Provisions, and is organized as an alert system based on colors (red, yellow, and green) that enables adequate filtering for the hiring of personnel or selection of candidates for public or trust positions, or for the contracting of works, goods, or services. This level is accessible to public entities through Institutional Integrity Offices, Human Resources Offices, and Logistics Offices, or those that act in their place.

Article 7. Alert mechanism
The Public Sector Due Diligence Platform is organized as an alert system based on colors, according to the following detail:

7.1 The red color identifies a high level of risk affecting public integrity. It is information that evidences some type of impediment, incompatibility, or prohibition to exercise public function or maintain a labor or contractual link with the entity. It requires immediate action by the entity.

7.2 The yellow color identifies a moderate level of risk affecting public integrity. It is information that, although it does not evidence some type of impediment, incompatibility, or prohibition to exercise public function or maintain a labor or contractual link with the entity, it does evidence the affectation or transgression of administrative and/or management norms associated with the matter. It requires constant follow-up and monitoring by the entity.

7.3 The green color does not identify a level of risk affecting public integrity. There is no information that evidences some type of impediment, incompatibility, or prohibition to exercise public function or maintain a labor or contractual link with the entity, nor any affectation or transgression of administrative and/or management norms associated with the matter. It is general information that may be useful to the entity.

CHAPTER III
OBLIGATIONS OF PUBLIC ENTITIES

Article 8. Implementation of Due Diligence
The entities of the Public Administration included in Article I of the Preliminary Title of the Single Text of the General Administrative Procedure Law No. 27444, approved by Supreme Decree No. 004-2019-JUS, through the Human Resources Offices and Logistics Offices, or those that act in their place, are obligated to use the Public Sector Due Diligence Platform as a filter for the hiring of personnel or selection of candidates for public or trust positions, or for the contracting of works, goods, or services. This obligation also extends to the Institutional Integrity Offices for the development of functions associated with strengthening a culture of integrity.

Article 9. Obligations of public entities
Public entities have the following obligations, under responsibility:
a) Designate, through a formal document issued by the highest administrative authority, the officials or employees responsible for using the Public Sector Due Diligence Platform, to comply with Article 8 of these Provisions. This designation is communicated to the Secretariat of Public Integrity of the Presidency of the Council of Ministers within a maximum period of five business days counted from the day following the designation.

b) Update or modify the data of the officials or employees using the Public Sector Due Diligence Platform, in case the link with the entity ends or they assume other functions within the same, within a period not exceeding five business days counted from the occurrence.

c) Ensure the quality of the data and the exclusive use of the Public Sector Due Diligence Platform for the implementation of the due diligence provided for in Article 8 of these Provisions.

d) Ensure the implementation of the necessary technical, organizational, and legal security measures to ensure the confidentiality of the information.

e) Update information from the records indicated in numeral 4.3 of Article 4 of these Provisions, when applicable.

f) Those others determined by Resolution of the Secretariat of Public Integrity.

Article 10. Audit security

The Public Sector Due Diligence Platform has an internal audit system that allows knowing the traceability of all operations carried out in said registry.

FINAL COMPLEMENTARY PROVISIONS

First. Verification on the designation of users

The Secretariat of Public Integrity of the Presidency of the Council of Ministers verifies the risk level of the users designated by the highest administrative authority to access the Public Sector Due Diligence Platform.

Second. Authentication

The Secretariat of Government and Digital Transformation of the Presidency of the Council of Ministers uses the National Platform for Identification and Authentication of Digital Identity (ID GOB.PE) and implements the necessary authentication tools for access and entry to the Public Sector Due Diligence Platform, in accordance with what is provided by Supreme Decree No. 029-2021-PCM, Supreme Decree that approves the Regulation of Legislative Decree No. 1412, Legislative Decree that approves the Digital Government Law, and establishes provisions on the conditions, requirements, and use of technologies and electronic means in the administrative procedure.

Third. Data analysis

The Secretariat of Public Integrity carries out the analysis and linking of the data stored in the Public Sector Due Diligence Platform, selectively. For this purpose, it has the support of the Secretariat of Government and Digital Transformation, who coordinates with other entities aspects of connection, interoperability, digital security, ethical use of data, and access to databases, computer systems, and any mechanism necessary for the identification of alerts.

Fourth. Rectifications

Requests for rectification of material errors that are evident in the Public Sector Due Diligence Platform are presented to the entities responsible for the records indicated in numeral 4.3 of Article 4 of the Provisions for the implementation of the Public Sector Due Diligence Platform.

Fifth. Cooperation agreements
The Presidency of the Council of Ministers may sign cooperation agreements to guarantee compliance with the Provisions for the implementation of the Public Sector Due Diligence Platform.

Sixth. Provisions to implement the Public Sector Due Diligence Platform in the Judicial Power, Congress of the Republic, and Constitutional Autonomous Bodies The Judicial Power, the Congress of the Republic, and the Constitutional Autonomous Bodies are subject to the regulatory framework that governs them and to the internal norms they issue to comply with the Provisions for the implementation of the Public Sector Due Diligence Platform.

TRANSITORY COMPLEMENTARY PROVISIONS

First. Implementation and operation
Entities implement and put into operation the Public Sector Due Diligence Platform, in accordance with the provisions issued by the Presidency of the Council of Ministers, through the Secretariat of Government and Digital Transformation and the Secretariat of Public Integrity.

Second. Technical assistance
During the implementation period, the Secretariat of Government and Digital Transformation of the Presidency of the Council of Ministers provides technical assistance in the operation of the Public Sector Due Diligence Platform; likewise, the Secretariat of Public Integrity of the Presidency of the Council of Ministers provides training and answers questions formulated on the matter.