Whistleblower Protection Law No. 29542

NORMS AND LAWS El Peruano 421008 Lima, Tuesday, June 22, 2010

R.M. Nº 142-2010-TR.- Approves the Guidelines and annexes of the Public Merit Competition for the coverage of the vacant position of Coercive Assistant in the Ministry 421024

TRANSPORTS AND COMMUNICATIONS

R.S. N° 093-2010-MTC.- Accepts the resignation of the representative of the Ministry of Economy and Finance before the Board of Directors of the National Port Authority 421024

SPECIALIZED TECHNICAL ORGANISMS

NATIONAL AUTHORITY OF CIVIL SERVICE

Res. Nº 40-2010-SERVIR-PE.- Approves as a destination position that of Regional Infrastructure Manager for the assignment of a professional who forms part of the Body of Public Managers 421025

NATIONAL INSTITUTE FOR THE DEFENSE OF COMPETITION AND INTELLECTUAL PROPERTY

Res. Nº 113-2010/CFD-INDECOPI.- Suppresses from June 25, 2010, the provisional compensatory rights imposed by Resolution N° 201-2009/CFD-INDECOPI, on imports of biodiesel originating from the United States of America 421025

SUPERVISORY AUTHORITY OF STATE CONTRACTING

Res. Nº 1199-2010-TC-S4.- Rectifies the material error incurred in Res. N° 891-2010-TC-S4 421026

JUDICIAL POWER

SUPERIOR COURTS OF JUSTICE

RR. Adms. Nºs. 509 and 510-2010-P-CSJLI/PJ.- Appoint provisional and supernumerary superior judges in the Superior Court of Justice of Lima 421027

AUTONOMOUS BODIES

NATIONAL ASSEMBLY OF RECTORS

Res. Nº 0578-2010-ANR.- Authorize travel to the Dominican Republic of the President of the National Assembly of Rectors, on official business 421028

CENTRAL RESERVE BANK

Res. Nº 046-2010-BCRP.- Authorize travel of an official to participate in an event to be held in Chile 421029

PUBLIC MINISTRY

RR. Nºs. 1060 and 1061-2010-MP-FN.- Appoint prosecutors in the Judicial Districts of Callao and Lambayeque 421029

SUPERINTENDENCY OF BANKING, INSURANCE AND PRIVATE PENSION FUND ADMINISTRATORS

Res. Nº 6586-2010.- Declare concluded the liquidation process of Popular y Porvenir Insurance Company in Liquidation, and consequently declare the extinction of its legal personality 421030

REGIONAL GOVERNMENTS

LIMA REGIONAL GOVERNMENT

Res. Nº 425-2010-PRES.- Approves the list of projects whose contracting will be subject to what is established in D.U. N° 026-2007 421031

LOCAL GOVERNMENTS

ATE MUNICIPALITY

D.A. Nº 008.- Authorize the holding of a community civil marriage 421032

MAGDALENA DEL MAR MUNICIPALITY

D.A. Nº 005-2010-MDMM.- Order the general flagging of the district's buildings 421033

SPECIAL SEPARATA

CENTRAL RESERVE BANK

Circulars N°s. 016 and 017-2009-BCRP.- Establish reserve requirements in national currency and foreign currency 420996

LEGISLATIVE POWER

CONGRESS OF THE REPUBLIC

Law Nº 29542

THE PRESIDENT OF THE REPUBLIC

WHEREAS:

The Congress of the Republic

Has enacted the following Law:

THE CONGRESS OF THE REPUBLIC;

Has enacted the following Law:

WHISTLEBLOWER PROTECTION LAW IN THE ADMINISTRATIVE FIELD AND EFFECTIVE COLLABORATION IN THE PENAL FIELD

Article 1st.- Object of the Law

This Law aims to protect and grant benefits to public officials and employees, or to any citizen, who substantiated reports of arbitrary or illegal acts occurring in any public entity that can be investigated or sanctioned administratively.

Article 2nd.- Entities of the public administration

For the purposes of this Law, entities of the public administration are understood to be those indicated in article I of the Preliminary Title of Law No. 27444, General Administrative Procedure Law.

Article 3rd.- Arbitrary or illegal acts

Arbitrary or illegal acts are actions or omissions carried out by public officials and employees that contravene current legal provisions and affect or endanger the public function or service.

Article 4th.- Competence

The Comptroller General of the Republic is the competent authority that receives and evaluates the complaints presented, processing those that fall within its scope of competence and referring those whose processing should be carried out by other administrative instances that, by express legal provision, have competence over the subject matter of the complaint.

Article 5th.- Beneficiaries

The protection referred to in this Law extends to:

a) Public officials and employees. b) Former public officials and former employees. c) Personnel providing services in public entities under any modality or labor regime of contracting. d) Any citizen who had knowledge of the arbitrary or illegal acts.

Article 6th.- Exceptions to the application of the Law

The benefits granted by this Law are exempt from complaints:

a) That directly affect national defense, internal order, and intelligence activities that can be developed by different public entities within the scope of their functions and competencies, with the exception of complaints referred to the processes of acquisition or maintenance of equipment, goods, or services. b) That affect foreign policy and international relations. c) That are based on information obtained by violating fundamental rights. d) That are formulated by violating professional secrecy. e) That are presented by persons benefited or protected by specific laws.

Article 7th.- Requirements of the complaint

The complaints presented are qualified and admitted by the Comptroller General of the Republic, provided they meet the following requirements:

a) That they refer to actions or omissions that reveal arbitrary or illegal acts. b) That they are formulated in writing and are duly substantiated. c) That they include the identification or individualization of the authors and, if applicable, of those who participated in the reported acts. d) That the reported acts are not the subject of a judicial or administrative process in progress, nor do they concern acts that were the subject of a consented or executed judicial sentence. e) That they contain the signature of the complainant's commitment to provide information when requested by the competent authority. In the event of refusal, reluctance, or withdrawal by the same, the investigation is promoted by the competent authority.

Article 8th.- Protection measures and benefits

Once the complaint has been qualified by the corresponding instance, the following protection measures and benefits are granted to the complainant:

a) The confidentiality of their identity. For this purpose, an identification code is assigned to the reporting person and the other necessary measures established by the regulations are implemented. b) Regardless of the labor regime to which they belong, they cannot be dismissed, fired, or removed from their position as a consequence of the qualified and admitted complaint. In the event that the complainant is contracted under the modality of Service Lease or Administrative Service Contracting (CAS), the contract or its renewal, if it has occurred, is not suspended due to the complaint made. The Comptroller General of the Republic adopts the necessary support measures for the complainant to appeal to the corresponding labor instances. c) When reprisals against the complainant, regardless of the labor regime to which they belong, materialize in acts of harassment included in Legislative Decree No. 728 and other related norms, the complainant brings this situation to the knowledge of the Comptroller General of the Republic, which proceeds to refer it to the Ministry of Labor and Employment Promotion to carry out the corresponding labor inspection. If said ministry verifies the act of harassment, the conduct of the official who carried it out is considered a serious offense, being a cause for justified dismissal, in accordance with the law on the matter. d) In cases where the complainant is a co-participant in the reported acts, the gradual reduction of the administrative sanction, according to the degree of participation in the facts constituting the arbitrary or illegal acts. e) In cases where the reported acts constitute an infringement provided for in administrative law and is sanctioned with a fine, the complainant obtains as a reward a percentage of what was effectively collected, as established by the regulations of this Law.

The benefit established in letter e) is not applicable when the complainant has benefited in any way from the reported corrupt act.

For the case of the complainant referred to in letter d), the benefits to be granted expire when, after the investigation of the complaint by the corresponding instance is concluded, their participation in the reported acts is confirmed and they had not declared it at the time of presenting their complaint.

In the event that the complaint is presented by any citizen, the protection measures and benefits established in letters a) and e) apply.

Article 9th.- Confidentiality

The information provided by the complainant and the evaluation process carried out by the corresponding instance and until its conclusion are confidential, under responsibility, except in cases of malicious complaint.

Article 10th.- Malicious complaint

Whoever reports to the Comptroller General of the Republic an arbitrary or illegal act knowing that it has not been committed, or who simulates evidence or indications of its commission that could serve as a reason for an administrative investigation process, is sanctioned with a fine not exceeding five (5) Tax Units (UIT) without prejudice to civil and criminal responsibilities to which there may be grounds.

Article 11th.- Commitment to dissemination

The public entities referred to in article 2 must establish the necessary internal procedures to disseminate among their workers the scope and benefits granted by this Law.

It is the obligation of the head of the public entity to dispose of the adoption of measures for the dissemination of the provisions of this Law, under administrative functional responsibility.

NORMS AND LAWS El Peruano 421010 Lima, Tuesday, June 22, 2010

Article 12th.- Indications of commission of crimes

If as a result of the complaint the Comptroller General of the Republic concludes that there are indications of the commission of any criminal act, it reports the same to the Public Ministry for the purpose of initiating the fiscal investigation.

In this case, the complainant may avail themselves of Law No. 27378, Law that Establishes Benefits for Effective Collaboration in the Field of Organized Crime, without prejudice to maintaining the protection measures and benefits provided for in this Law.

Article 13th.- Exclusion of protection and benefits

The protection measures and benefits established in article 8 do not apply to complainants who are the authors of the arbitrary or illegal acts.

MODIFYING PROVISION

SINGLE.- Modification of article 1 of Law No. 27378

Article 1 of Law No. 27378, Law that Establishes Benefits for Effective Collaboration in the Field of Organized Crime, is modified as follows:

“Article 1st.- Object of the Law

This Law aims to regulate the benefits for effective collaboration offered by persons related to the commission of the following crimes:

1) Perpetrated by one or more persons or by criminal organizations, provided that in their realization public resources have been used or public officials or employees or any person with the consent or acquiescence of these have intervened.

2) Against personal freedom, provided for in articles 153 and 153-A of the Penal Code; of common danger, provided for in articles 279, 279-A and 279-B of the Penal Code; against public administration, provided for in Chapter II of Title XVIII of the Second Book of the Penal Code; and, aggravated crimes provided for in Law No. 27472, Law that Derogates Legislative Decrees No. 896 and 897, which Increase Penalties and Restrict Procedural Rights in Cases of Aggravated Crimes, provided that said crimes are committed by a plurality of persons or that the agent is part of a criminal organization.

3) Against humanity, provided for in Chapters I, II and III of Title XIV-A of the Second Book of the Penal Code; and against the State and national defense, provided for in Chapters I and II of Title XV of the Second Book of the Penal Code.

4) Of terrorism, provided for in Legislative Decree No. 25475, on penalty for the crimes of terrorism and the procedures for investigation, instruction and trial, its modifications and related norms; of apology for the crimes indicated in article 316 of the Penal Code; and of money laundering, provided for in Law No. 27765, Penal Law against Money Laundering. Also included in this paragraph is who has participated in the commission of other crimes different from those mentioned above and presents themselves to the Public Ministry, actively collaborates with the public authority and provides effective information on the previously mentioned crimes.

Prosecutors and judges who hear terrorism crimes are competent to intervene in this special procedure.

5) Customs crimes, provided for and punished in the respective special penal law.

Those who incur in the crime of financing customs crimes cannot avail themselves of any of the benefits for effective collaboration.

6) Of illicit drug trafficking, provided for in Section II of Chapter III of Title XII of the Second Book of the Penal Code, provided that said crime is committed by a plurality of persons.

7) Others when the agent is part of a criminal organization.

The Attorney General, in accordance with what is provided in article 5 of Legislative Decree No. 052, Organic Law of the Public Ministry, will issue the necessary instructions to guide prosecutors regarding the crimes subject of this Law. Likewise, he will designate the coordinating superior prosecutor, regulating their functions, in order to guide and coordinate strategies and forms of action of prosecutors in the application of this Law and periodically communicate to his office everything related to the participation of the Public Ministry in this field.”

FINAL PROVISION

SINGLE.- Regulation

The Executive Power issues the regulations of this Law in a maximum period of thirty (30) days counted from the date of its validity.

Communicate to the gentleman President of the Republic for its promulgation.

In Lima, on the third day of the month of June two thousand ten.

LUIS ALVA CASTRO
President of the Congress of the Republic

CECILIA CHACÓN DE VETTORI
First Vice President of the Congress of the Republic

TO THE CONSTITUTIONAL PRESIDENT OF THE REPUBLIC

THEREFORE:

I order it to be published and complied with.

Given in the Government House, in Lima, on the twenty-first day of the month of June of the year two thousand ten.

ALAN GARCÍA PÉREZ
Constitutional President of the Republic