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On 21 December 2023, Legislative Decree No. 1607 ("Legislative Decree"), which amends Law No. 30077, the "Law Against Organized Crime," was published in the official gazette El Peruano.”

In its first final complementary provision, important measures are foreseen regarding the controversial Integral Mining Formalization Registry (REINFO, for its acronym in Spanish). In this alert, we tell you more about it.

I. How does the Legislative Decree, which regulates organized crime, relate to mining activity?

The first final complementary provision states that the Peruvian National Police (PNP) may apply interdiction measures for illegal possession of explosive devices or materials if they notice mining activities by people under the Integral Mining Formalization Process (“formalization process”) with suspended registration in REINFO. These people will cease to be part of REINFO with the PNP's sole communication to the Ministry of Energy and Mines (MINEM, for its acronym in Spanish). This does not apply to people in the process of formalization who are currently registered in REINFO.

II. Miners in the process of formalization must reach a formal agreement with the mining concession holder in which they carry out activities within 90 calendar days

Miners registered in REINFO (including suspended miners) that carry out exploitation activities in an active mining concession have a maximum of 90 calendar days to submit to MINEM the registration of an exploitation or mining assignment contract signed with the mining concession holder in question. This term expires on 20 March 2024. People who fail to comply with this obligation will be automatically excluded from REINFO.

III. If a mining concession holder is not interested in entering into an agreement with a miner in the process of formalization, what should it do?

Mining concession holders (affected by registrations in REINFO) who do not intend to enter into an exploitation or mining assignment agreement with the person registered in REINFO must communicate this to MINEM to allow the mining authority to proceed with automatically excluding the miner in the formalization process from REINFO.

IV. The Legislative Decree also establishes a peremptory term for the regularization of suspended registrations

Those whose registration has been suspended in REINFO for more than one year have 90 calendar days (expiring next 20 March) to lift this suspension, according to Article 4 of Supreme Decree No. 009-2021-EM. Otherwise, they will no longer be part of REINFO.

 

We hope that this information will be of relevance to you and your company. If you require any further information, do not hesitate to contact us.

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