On 4 September 2024, Ministerial Resolution No. 349-2024-MINEM/DM ("Resolution 349") was published. Resolution 349 clarifies Ministerial Resolution No. 104-2024-MINEM/DM ("Resolution 104"), which approved the administrative measures to be carried out during the prior consultation process in the electricity subsector:
It specified the administrative measure to be carried out during the prior consultation process for projects executed under concession contracts resulting from bids conducted by Proinversión. Thus, Resolution 349 modifies paragraph 8 of Section 1 of Resolution 104 as follows:
Administrative Measure N.° 8 | Stage of the prior consultation process |
Approval of the final-level engineering of the project under the Concession Contract resulting from the private investment promotion process conducted by Proinversión or the equivalent act provided for in the aforementioned contract. | Prior to the issuance of the final engineering conformity of the project corresponding to the Concession Contract or the equivalent act provided for in the aforementioned contract. |
For projects in which the evaluation of the right to prior consultation began before 4 September 2024, the General Directorate of Electricity or the General Directorate of Rural Electrification may identify another administrative measure to allow the evaluation to continue.
Resolution 349 maintains that for investment projects involving indigenous or native peoples, the prior consultation process must be evaluated before construction begins.
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