Problems relating to Trade and Investment on Peru
23. Inefficient administrative procedures, regimes and practices |
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Issue |
Issue details |
Requests |
Reference |
| (1) Inefficiency in the Administrative Procedures | - From time to time delays in Administrative Procedures on Licences and Approvals originate from government employees' insufficient appreciation of the applicable laws and regulations at Ministries and Agencies. | - It is requested that the employees at Ministries and Agencies uniformly applies the legislative provisions. | - Peruvian Aliens Act |
| (2) Delays in Administrative Procedures, Deficiencies in Legal System | - In regard to use of water necessary for drilling, material delays have occurred in the procedures for licencing and approvals. After obtaining DIA (Declaracion de Impacto Ambiental=Declaration of Environmental Impact) approval of Ministry of Energy and Mines, licenses are necessary from ALA (Administrador Local de Agua) and AAA (Autoridad Administrativa del Agua) under The Ministry of Agriculture and Irrigation (MINAGRI). The rule stipulates completion of examinations within 30 days at both ALA and AAA. Nevertheless, it takes a few months each, due to the paucity of disposal ability of persons in charge, on leave, business trip, unnecessary instructions for additional information due to misunderstanding, to inability of comprehension, etc., it takes a few months for each. Some mining entities seem to be drilling without waiting for grant of the drilling licence. | - It is requested that GOP: -- improves its administrative capacity, and -- unifies ALA and AAA under MINAGRI. |
- Texto Unico de Procedimientos Administrativos - ANA - Ley No. 29338 - Ley No. 27444 |
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