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Peru’s oil & gas

investment guide
2018 / 2019
June 2018
About
this oil & gas
investment
guide

The oil & gas industry in Peru has evolved from


an industry in decline to a major contributor to
economic growth in Peru. From 1995 to 2014,
investment in this sector increased from US$147
million to US$1.19 billion, or an increase of
800%. For years 2018-2019, it is expected that
US$2.0 billion will be invested in around 16 oil &
gas projects, which represents 11.1% of all the
investments to be made in 2018-2019.
Among other key factors in the success of this
industry is its enormous potential. Currently,
Peru has the potential and reserves to produce
more than 150 thousand barrels of oil across the
country (including both onshore and offshore
blocks).
Synergies created between production from the
Camisea Project and other industries (energy,
mining, industrial, among others), have also
contributed to an increase in this potential.
Moreover, the increasing demand of electricity
in Peru during the last twenty years due to the
development of mining and industrial projects,

2
and the growth of its main cities, has also served information regarding Gas to Power and other
to better position primary fossil fuels such as oil sources of energy (i. e. renewables). In light of
& gas in the country’s energy structure. However, this, an overview of the energy sector, investment
this situation is going to evolve in the coming conditions, and opportunities are also detailed.
years.
Furthermore, this guide offers a wide range of
The 2014-2025 National Energy Plan highlighted information, from a macroeconomic perspective
the need to diversify the sources of energy (overview of Peru’s political structure, business
production due to trends of investment in clean environment and favorable investment promotion
energy in the global market. conditions) to specific key indicators, regulatory
requirements, growth potential and also some
In this context, this oil & gas investment guide
information regarding topics currently discussed
is structured to help investors broadly evaluate
by experts in the field of oil & gas.
Peru’s oil & gas sector investment conditions and
provide them a general updated landscape of the Regarding the oil & gas and energy market,
industry. In that sense, we have included various we have included a description of terms and
aspects usually taken into consideration by applicate fiscal regime, considering major
investors from around the world before making government taxes, royalties and other similar
critical decisions on the development of new oil & levies, as well as an overview of the customs,
gas operations. labor, environmental, anti-corruption and
accounting regulations that should also be
Pursuant to the future scenario in which non-
taken into account when starting a business and
conventional sources of energy will take an
developing activities in Peru connected with
important place in the national energy matrix,
these markets.
this year, the guide has included relevant

3
Why Peru?
What oil & gas
investors should know
“The difference between good
investment decisions and bad
investment decisions is the right
information at the right time”

4
This oil & gas guide was the first, and still is the
first, handbook of its kind. Since its first edition
(2014), the objective of this document has
been its use as a guide and tool in the process
of evaluating the oil & gas landscape in Peru
to ensure that foreign investors have the most
recent and accurate information to start and
develop their operations in Peru on a long-term
basis.

With this guide, EY demonstrates its


Paulo commitment to contribute to Peru’s progress,
Pantigoso through our support for business ventures,
growth and success. We provide readers with
Country Managing
the most recent information on the country’s
Partner
shining economic performance, as well as
important technical information on how to
establish businesses in Peru. At EY we are
committed to contributing towards attracting
investment that can increase the prosperity
of our economy, and we are sure that the oil &
gas industry has the potential to provide such
growth.

We invite you to contact us with your questions


and we wish you all the best with your oil & gas
investment opportunities in Peru.

Contact information

5
Peru’s longstanding tradition as an oil producing country dates
back to the end of the 19th century, when the northern region of
the country hosted the very first oil well drilling in South America.
It should be noted that this region is still producing hydrocarbons.
More recently, Camisea, a major project regarding one of the
most important natural gas reservoirs in the region, started
production in 2004. This project boosted the Peruvian economy
in every aspect by providing a reliable source of cheap and eco-
friendly energy, diversifying the energy matrix and making of
Peru an exporter of liquefied natural gas since 2010.
Peru’s economy has been growing at annual rates above other
Beatriz countries in the region, largely supported by the prices of
De La Vega commodities. In times where the international price of crude
Energy Leader seems to be entering a period of stabilization, Peru has much
to offer to actual and potential investors. For example, not only
and Editor
can investors count on eighteen basins, from which almost
fifteen are under-explored, but also on promising Blocks of
nearby successful projects, such as Camisea’s and others
located offshore. This holds golden opportunities for investors
as much of the country is still open to vast exploration. Hence,
the Government is trying to crystalize such opportunities by
promoting regulatory amendments as well as clarity to the
environmental permits processe.
Moreover, in order to optimize proven reserves of natural
gas, efforts to continue and conclude midstream projects are
underway by the Peruvian government. The objective is to spread
the use of hydrocarbons throughout all Peruvian territory as
Contact information
a part of what is known as the “massification of natural gas”.
This macro-project brings opportunities in the development of
distribution concessions to residential and industrial users as
well as Gas-to-Power projects. Notwithstanding the long-term
objectives, renewables and petrochemical projects are also a goal
to meet in the future.
Peru is compliant with the EITI standard (Extractive Industries
Transparency Initiative) since 2007, consolidating during the
last ten years its proven leadership in fiscal transparency in
extractive industries in Latin America. Currently, Peru is one of
16 EITI compliant countries showing meaningful progress, out
of 51 countries in total. International investors are a crucial part
of the growth and success of Peru’s oil & gas exploration and
production.
Peru welcomes foreign investment with an open and stable
regulatory environment.

6
In times where the
international price of crude
seems to be entering a
period of stabilization, Peru
has much to offer to actual
and potential investors.

7
Néstor Popolizio
Peruvian Minister of Foreign Affairs
Ministry of Foreign Affairs

“Peru’s Oil & Gas Investment Guide” is a valuable


tool for foreign and national investors. It contains
updated and complete information about the
current investment climate in the hydrocarbons
sector, its open and stable regulatory
environment, including fiscal transparency in
extractive industries and its positive outlook.
Peru’s hydrocarbons sector has great potential
for exploration, exploitation, distribution, and
commercialization. For instance, although Peru
has 18 sedimentary basins with hydrocarbon
exploration potential, only three of them are
being fully exploited. As such, significant areas
with hydrocarbon potential remain unexplored.
Oil and gas exploration and production require
licenses or service contracts granted by the
Government of Peru.
There has been a reduction in investment, both
in exploration and exploitation, due to the drop
of international prices. According to Peru’s

8
It is important to emphasize
that the oil and gas sector has a
positive impact on the economy
of Peru and its Pacific Alliance
partners

Central Bank, hydrocarbons account for 12% and good practice standards, in accordance with
of total investments estimated for the 2018- the country’s aim to become a full OCDE partner
2019 period, which shows its importance for in the near future.
Peru’s economy. Estimates of hydrocarbon
It is also important to emphasize the positive
investment for the years 2018 and 2019 are at
impact that the oil and gas sector has had on
approximately US$4 billion, and its growth rate
the economy of Peru and its Pacific Alliance
is forecasted at 1,8% for 2018, after two difficult
partners. Peru led export growth within the
years marked by low oil prices.
Pacific Alliance in 2017, with a 22,6% increase,
In the last decades, Peru has shown to be a reaching a total of US$ 44,502 million, well
strong economy with GDP growth, exchange rate above the growth rate of our partners Colombia
stability, low inflation, rule of law, and an open (19%), Chile (9,9%), and Mexico (9,4%). The
market. Consequently, Peru has held its place dynamism of Peru´s exports last year are
as regional leader in terms of economic growth, due mainly to increases in exports from the
despite changing global economic and political hydrocarbon, mining, and agro-industrial
conditions. sectors. Oil and natural gas exports grew 70,4%,
with significant increases in diesel (569%) and
Likewise, Peruvian credibility within the
gasoline (112%) shipments. The Pacific Alliance’s
international community has strengthened
exports grew by 11% in 2017, driven by more
thanks to sound macroeconomic management,
shipments of oil and derivatives (25%) and
consistent private investment promotion policies,
mining (21%).
and continuing efforts to improve public policy

9
Eduardo Guevara Dodds
Peruvian Vice Minister of Hydrocarbons
Ministry of Energy and Mines

The Government, through the Ministry of Energy


and Mines (MEM), supports and promotes
the development of the hydrocarbons sector
by promoting investment that is responsible,
transparent, law-compliant, eco-friendly, and
respectful of individuals.
In order to boost hydrocarbon-related activities,
guarantee energetic security and make our
country more competitive, the MEM has worked
on the Hydrocarbons’ Law amendments draft,
so that investment in exploration and production
can improve. The aforementioned draft proposes
new roles for PERUPETRO S.A., implements
transparency among Hydrocarbons Contracts,
extends terms of current Contracts in relation
to incremental development programs, and
continues the development of non-explored
basins.
Likewise, the MEM worked on the modification
of its Organization and Functions Law, by means

10
The sector will function more efficiently, specific
initiatives will be boosted and an industry that
generates jobs and welfare to Peruvians will become
more dynamic; all the while complying with the
highest environmental standards

of which the Hydrocarbons Viceministry was energy supply at the same time, in benefit of all
created. In so doing, the sector will function of the population.
more efficiently, specific initiatives will be
Finally, we must also mention the “Talara
boosted and an industry that generates jobs
Refinery’s Modernization” project in charge of
and welfare to Peruvians will become more
Petroperu, with an estimated investment of
dynamic, all the while complying with the highest
US$5,000 million. This proposal consists in the
environmental standards.
construction and extension of units / facilities
On the other hand, it is boosting the aimed towards increasing refining capacity from
“Massification of Natural Gas – Natural Gas 65 to 95 thousand barrels per day and producing
Distribution Through Pipelines in the Apurimac, cleaner fuels, reducing imports of such products,
Ayacucho, Huancavelica, Junin, Cusco, Puno, and thereby improving the trade balance.
and Ucayali Regions” project. With an investment
The Government is leading these and other
of approximately US$350 million, this project will
initiatives to promote investment in the
allow around 150,000 families from the South-
hydrocarbons sector, whose importance in the
central regions to benefit from natural gas, a
reality of our country must be noted due to
cheaper and less polluting fuel.
our current situation as net oil importers, and
Moreover, the MEM is promoting the “Integrated because through royalties and Income Tax more
Transport System – Southern Peru”. With this social investments can materialize in order to
project, natural gas will be delivered to southern close poverty and inequality gaps.
Peru, and it will create infrastructure to secure

11
Seferino Yesquén León
President of Perupetro S.A.

Undoubtedly, the great challenges of Peru in the


upstream sector, are two, first to maximize the
production of the fields in current production
and on the other hand to widen the exploration
horizon. We have under explored areas and we
need a new hydrocarbon potential opportunities
map to optimize its utilization and improve the
prospectivity of our oil basins.
Peru has 18 Sedimentary Basins with
hydrocarbon exploration potential, distributed
in 83 million hectares, 10 in the Coast, 6 in the
Jungle and in the Sub Andean thrust and fold
belt and 2 located intermountain. Likewise, the
Exploration status of the 18 Basins is as follows:
1 mature, 7 semi-explored, 4 immature and 6
considered as frontier areas, not having any
exploration well.
We need a deep change in our production and
exploration policy, it is urgent to develop projects
which guarantee the increase of production
and also identify new reserves which are
commercially exploited, to guarantee the energy
security and the country competitiveness.

12
We need a deep change in our production and
exploration policy, it is urgent to develop projects
which guarantee the increase of production and
also identify new reserves which are commercially
exploited, to guarantee the energy security and the
country competitiveness

In this spirit, PERUPETRO S.A. has worked in For 2018, new areas proposed by PERUPETRO
different measures to motivate the present sector S.A. specialists shall be included in the Areas
players operating in the country and to be more Contracting Plan and international promotion
competitive for the investment attraction. We will actively continue.
have implemented a new promotion framework
Regarding production, Perupetro will prioritize
which is starting to bear fruits with the entrance
the recovery of the production of fields in
of new investors to Peruvian upstream, and we
exploitation phase whose production has been
are also working in new incentives to increase
affected by the fall of price in 2014, adopting
production, because one of our great challenges,
measures aimed to restore the proven
in which we are working resolutely, is to revert
reserves which were reclassified as Resources,
the hydrocarbon general balance in the long
due to economic reasons, including investment
term.
incentives for drilling of development Wells,
In the exploration field, our Contracting Plan reactivation of abandoned Wells, workovers
for 2017-2018 period, delineated 54 areas and enhanced recovery projects.
available for contracting, which are classified as
Results achieved to date are positive, Peru is
frontier and semi-explored areas to subscribe
seen as an attractive investment destination
TEA (Technical Evaluation Agreements), License
due to its stable economy and legal stability.
Contracts or TEA-Contracts, which we are
We have great expectations in the future
promoting through the participation in upstream
and we are sure we will attain our strategic
international events and direct approach with oil
objective of increasing the economic
companies interested in the Peruvian upstream
development of our country.
sector, with positive results which we hope will
deliver results in the short term.

13
Alberto Ñecco
Executive Director
ProInversion

As one of the world’s fastest growing economies


for over three decades (6.1 % annually as an
average from 1994 - 2017), Peru has become a
top investment option for top tier international
companies and investment banks. Its solid
macroeconomic policy as well as its dynamic
economic growth has made it stand out against
other emerging markets.
For 2018, the Revised Multiannual
Macroeconomic Framework 2017 – 2019
issued by the Ministry of Economy and Finance
estimates a growth rate for 2018 of 4.3% for
Peru, against a 2.2% growth for Latin America
and the Caribbean and a 3.0 % globally.
Moreover, its inflation has been estimated by
Barclays at 2%, contrasting a global inflation
of 2.4%. The recovery of prices in mining such
as gold and copper, products on which Peru is
one of the biggest exporters in the world, and
will also provide an infusion to the Peruvian
economy. Both legal and macroeconomic

14
ProInversion has become a key
player in the structuring and
promotion of the biggest and
most relevant infrastructure
projects around the country

conditions play a key role for foreign investments In the Hydrocarbons sector, one of the biggest
to be attracted to Peru. Both national and projects at ProInversion is the “Massification
foreign investments are to be subject to the of the use of natural gas”, which consists
same compliance, making no distinction or on the design, finance, build, operation, and
discrimination among any kind of investors. maintenance of the systems for the distribution
of natural gas through a pipeline network in the
Moreover, the Peruvian government has made a
regions of Apurímac, Ayacucho, Huancavelica,
particularly aggressive plan to close the national
Junín, Cusco, Puno, and Ucayali. This project
infrastructure gap, estimated at around USD
has an estimated investment amount of US$350
160 billion until 2025. To achieve this objective,
million (not including VAT) and will have a 32-
ProInversion has become a key player in the
year concession beginning the execution of the
structuring and promotion of the biggest and
concession agreement on the closing date.
most relevant infrastructure projects around the
country. Acting as the Peruvian investment bank, We welcome investors to explore the range of
and with the collaboration of top tier transaction investment possibilities given in the Peruvian
advisors which include bulge bracket tier one hydrocarbons sector and to contribute and
investment banks and prestigious consulting participate in the development of energetic
companies. ProInversion has developed a resources in a sustainable way
pipeline of projects until 2019 that includes
sectors such as hydrocarbons, mining, energy,
hospitals, water and sanitation, railroads and
telecommunication among others.

15
CONTEN
1 Background information 2 Starting a business
in Peru
01 Form of government 19
02 Geography 20 01 Requirements for foreign
investors 47
03 People 21
02 Establishing a Peruvian
04 Currency 21
corporation 47
05 Economic over-view 22
03 Establishing a branch 51
06 Infrastructure and
04 Associative agreements 52
services 29
07 Peru’s investment-grade
rating 33
08 Investment promotion
conditions 37

16
3 Hydrocarbons in Peru 4 Tax and legal framework

Secc A | Oil & gas 56 Secc A | Regulatory terms 131


01 Importance of Peru’s oil 01 Oil & gas 132
& gas sector 58
02 Energy 135
02 Hydrocarbon production
and exports 66 Secc B | Peruvian general fiscal
terms 139
03 Diversifying the energy
matrix: natural gas 71 Secc C | Special fiscal rules 152

04 Growth potential 74 01 Oil & gas 153

Secc B | Gas to Power and other 02 Energy 162


energy sources 86
01 Importance of the Energy 5 Miscellaneous
sector 87 matters
02 Energy production and 01 Labor legislation 167
exports 94
02 Accounting standards 172
03 Renewable energy
sources 03 Enviromental obligations 174
111
04 Prior consultation 176
04 Potential of Renewable
Energy Sources 114 05 Anti-corruption
regulations 178
Secc C | Trends in the oil & gas,
and energy industry in
Peru 118
6 Appendix
01 Oil & gas 119
01 Regulators and
02 Energy 124 stakeholders 181
03 Digital trends 126 02 EY services 186

17
Peru's oil & gas investment guide 2018 - 2019

Background information

18 Background information
Peru's oil & gas investment guide

01
Form of
government
Peru is a democratic approved by the Congress and
constitutional republic with promulgated by the President.
a multiparty system. Under The judicial and electoral bodies
the Constitution of 1993, the are independent. • Peru hosted w
President is the Chief of State Annual Assemb
The Peruvian Government National Bank
and Head of Government.
is elected directly through a International M
The president is elected every
mandatory vote, applicable to in 2015; and th
five years and cannot run for
all citizens between the age of Summit in 201
re-election immediately. The
18 and 70. In the current period
President appoints the Prime
(2018 - 2021) Martin Vizcarra
Minister and the members of the
was designated as President.
Cabinet. There is a unicameral
Peru has some of the best
Congress of 130 members
macroeconomic indicators of the
elected for a five-year period.
Americas and expects to grow
The legislative proposals can be
in terms of the Gross Domestic
submitted by both the executive
Product (GDP), at a rate well
and legislative branch, and
above the average rate of the
will become law once they are
region.

Country overview

• Unicameral congress • Judges are appointed by the


• 130 seats National Judge Selection and
• Members elected by popular evaluation board • 196 Provincial
vote, for a five-year term Municipalities (2017)
• Next elections: 2021 • 1,658 District
Municipalities
• Member of the United Nations
Judicial since 1945, member of the
• Constitutional Legislative branch Security Council between 2006
republic branch
Government and 2007
type Local
governments • Member of the World Trade
Legal Organization since 1995
system
Executive • In 1998 became a member of
branch Regional the Asia Pacific Economic
governments Cooperation (APEC) forum
International
relationships • In 2011 became a member of
• Chief of state and head of government: the Pacific Alliance
President Martin Vizcarra (since March
2018)
• Elections: Every five years by popular • Based on • 25 Regional Governments
vote (non consecutive reelection) civil law (including the Constitutional
Next elections: 2021 Province of Callao)
• Cabinet: Council of Ministers is • Metropolitan Municipality of
appointed by the president Lima

Sources: Peruvian Constitution / CIA - The World Factbook / Ministry of Foreign Affairs / United Nations

Background information 19
Peru's oil & gas investment guide 2018 - 2019

02
Geography
Peru, located on the west central approximately 19 million
coast of South America, is inhabitants. Lima, the political
bordered by the Pacific Ocean and economic capital of the
to the west, Chile to the south, country, is located in this region.
Bolivia and Brazil to the east,
• The Highlands (Sierra), which
and Colombia and Ecuador to
consists of the Andean Mountain
the north. With a total land area
Range, covers 27.9% of Peru’s
of 1,285,215.60 km2, Peru
territory and contains almost 10
is the third largest country in
million inhabitants.
South America after Brazil and
Argentina. It may be divided • The Amazon Jungle (Selva) is
geographically in three regions: the largest region occupying
60.4% of Peru’s territory, in
• The Coast (Costa), which is
which 3 million inhabitants
a narrow desert strip 3,080
reside. This region is rich
km long that accounts for
in petroleum and forestry
only 11.7% of Peru’s territory
resources.
even though it contains

Peru’s geographic information

Population Principal languages Natural Resources


32.2 million Spanish / Quechua / Gold, copper, silver,
Urban 76.7% Aymara zinc, lead, hydrocarbons,
Rural 23.3% fish, phosphates, and
Currency* agricultural products
Sol (S/)
Area
S/1 = US$0.310 Timezone
1,285,215.60 km2
US$1 = S/3.238 GMT-5 (five hours behind
Greenwich Mean Time). There
Religion Climate
is no daylight savings time,
Freedom of religion Varies from tropical in the
and there is only one time
mostly Roman Catholic Amazon region to dry on the
zone throughout the entire
Coast to temperate to very
country.
cold in the Highlands

*Exchange rate as of December 31,2017


Sources: BCRP / INEI / SBS

20 Background information
03 04
People Currency
The estimated population of Peru The Peruvian currency is the Sol
for the year 2018 is 32.2 million, of (former “Nuevo Sol”) (S/ or PEN).
which 10.3 million (approximately Peru has a free-floating managed
32.0%) reside in Lima, the capital of exchange rate regime. Banks are
the country. The labor force is about currently (April 04, 2018) buying
23.4 million (2016). US dollars at S/3.224: US$1.00
and selling at US$1.00: S/3.225.
The predominant religion is Roman
Parallel market rates are slightly
Catholicism and the main official
different.
languages are Spanish and Quechua.
Aymara is also spoken in some parts There are no restrictions or
of the southern Highlands region limitations on holding bank
of the country. With respect to the accounts in foreign currency or to
literacy rate, 94.1% of the population remit funds abroad.
aged 15 and over can read and
write.

People overview Exchange rate

32.2 million people 2006 3.20


Population 76.6% resides in urban 2007 3.00
areas
2008 3.14
0 - 14 years 27.1% (2017) 2009 2.89
15 - 64 years 66.0%
2010 2.81
Age structure (2017)
65 years and over 6.9% 2011 2.70
(2017) 2012 2.55
Annual 2013 2.80
1.1% (2015 - 2018)
growth rate 2014 2.99
18.0 births/1,000 2015 3.41
Birth rate
population (2017) 2016 3.36
5.7 deaths/1,000 2017 3.24
Death rate
population (2017) 2018* 3.25
2019* 3.28
Sex ratio At birth 1.3 male/female
1 2 3 4 5
Life expectancy PEN / US$
74.9 years (2017)
at birth

Sources: INEI *Estimated as of March 2018


Sources: BCRP

Background information 21
Peru's oil & gas investment guide 2018 - 2019

05
Economic
overview
With an estimated population of in macroeconomic performance,
32.2 million for 2018, and rich with very dynamic GDP growth
deposits of copper, gold, silver, rates, reduction of external debt,
lead, zinc, natural gas, petroleum a stable exchange rate, and low
and urea, Peru is a very diverse inflation which in 2017 was 1.4%,
country due to the climatic, inside the Central Bank’s annual
natural and cultural variation of target range of 1% to 3%.
its regions.
The country has had continuous
Peru’s economy reflects its varied economic and political stability
geography, an arid coastal region, since the early 1990’s. The
the Andes further inland, and Peruvian economy has grown
tropical lands bordering Colombia 131.7% between 2000 and
and Brazil. Abundant petroleum 2017. This growth was
resources are found mainly in largely driven by prudent
the Amazon Jungle area. In macroeconomic policies,
recent years, Peru has achieved investor- friendly market policies
significant advances in social and and the government’s aggressive
development indicators as well as trade liberalization strategies.

Peru’s economic overview


US$13,501 21.6% of the GDP Gold, copper, silver, zinc, lead, crude
(estimate for 2017) (2017) 23.9% (2013) oil and byproducts, coffee, potatoes,
22.7% (2014) asparagus, paprika, organic banana,
US$6,599 4.5% 21.8% (2015) quinoa, berries, grapes, mangoes,
US$215 billion (estimate for (estimate cacao, textiles, fishmeal and urea
(2017) 2017) for 2017) 20.7% (2016)
Petroleum and byproducts,
GDP Fixed gross plastics, machinery,
per Capita investment
Purchasing vehicles, iron and steel,
Power Population wheat and paper
GDP Parity living below
Gross GDP poverty line
domestic per Capita Principal Germany,
product Unemployment Argentina, Brazil,
rate exports Principal
Foreign Chile, China,
debt imports Colombia,
US$22,710 million Principal South Korea,
(as of December 2017) Net export Main
International Ecuador, United
Minimum destinations import States and Mexico
Total Reserves
Wage countries
public
24.8%
debt
of the GDP (as of
December 2017) Germany, Brazil, Canada, Chile,
US$63,621 million China, South Korea, Italy, Japan,
(as of December 29, Spain, Switzerland, United States
2017) and Venezuela.
S/930
approximately US$288
(as of April 04, 2018)

Sources: BCRP / Ministry of Economy and Finance (MEF) / Apoyo consultoría / International Labor Organization (ILO) / INEI /
International Monetary Fund (IMF)

22 Background information
Following a sound 4.0% growth
in 2016, the Peruvian economy
reduce the national poverty rate
by almost 24 percentage points in
Peru is one of the
suffered strong headwinds and
its expansion rate slowed down to
the last 10 years, to 20.7% of its
total population in 2016.
fastest growing
2.5% in 2017.
The country’s economic growth
economies in
Despite the mentioned slowdown, has much to do with the the region. Since
Peru’s economic growth will monetary and fiscal policies
speed up and continue to be applied over the past two 2000, it achieved
one of the strongest among its
peers, as the central bank expects
decades, reducing the debt
level (from 29.9% of the GDP an impressive
growth of around 4.0% in 2018.
It is expected that greater fiscal
in 2007 to 24.8% in 2017)
and ensuring a prudent fiscal
accumulated
stimulus for the reconstruction government: overall balance growth rate of
plan and unlocking of the main
infrastructure projects will
equivalent to -2.1% of GDP in
2015, -2.6% and -3.2% for 2016 131.7% GDP.
support Peru’s economic growth and 2017, respectively. All of
over the next few years. Peru’s this has gone hand-in-hand with
rapid expansion has helped to the liberalization of the goods

Economic Growth Rates Latin America projections:


2018-2019 (Annual average variation %)
4.0

4
3.3

3.1

Argentina 2.7
2.7

3
Annual average variation %

2.0

Venezuela

2
Colombia

Mexico
Peru*

Brazil

1
Chile

0
-1
-2
-3
-4
-5
-6
-7
-8
-9
-10.5

-10

*As of March 2018.


Sources: International Monetary Fund (IMF) / For Peru, BCRP

Background information 23
Peru's oil & gas investment guide 2018 - 2019

and labor markets, opening up Singapore, Cuba, Japan and with the United States entered
trade through multiple recent EFTA States (European Free of into force on February 1, 2009,
international trade agreements, the Trade Association) which opening the way to greater
direct foreign investment, includes Iceland, Kingdom of trade and investment between
and the maximization of the Norway, Swiss Confederation and both countries. Likewise, the
revenues resulting from its the Principality of Liechtenstein. Free Trade Agreement (FTA)
rich natural resources. Peru is It also has 31 (see page 42) with China and Japan became
also reaping the benefits of the Bilateral Reciprocal Investment effective in 2010 and 2012,
increasing size of its market Promotion and Protection respectively. Additionally, Peru
and domestic consumption, and Agreements (BRIPPAs). Also, entered into the Framework
the development of its financial Peru maintains trade neqotiations Agreement for the Pacific
sector, which can be seen, for correspondinq to the Trans Pacific Alliance in April 2011, a trading
example, in the growth of private Partnership Agreement (which bloc that it forms part of together
consumption by 2.5% in 2017 includes Australia, Canada, with Chile, Colombia, and
(estimated at 3.2% for 2018). Chile, Japan, New Zealand, and Mexico, aimed at encouraging
Likewise, as of December 29, Singapore among others), and regional integration and the
2017, net international reserves with El Salvador and Turkey. greater growth, development,
stood at approximately 32% of and competitiveness of their
The Free Trade Agreement (FTA)
the estimated GDP as of the same
date.
The Peruvian economy for 2018
is expected to be the fastest GDP and GDP per Capita (Measured in Purchasing Power
growing in South America. This Parity-PPP) of the Principal Economies of Latin America
is driven principally by public (2017 and 2022)
investment (14.2% for 2018),
private consumption (3.2% for 2017 2022
2018) and improved employment
GDP in US$Billions GDP per Capita in GDP per Capita in
indicators. At the same time, Country
(PPP) US$(PPP) US$(PPP)
the growth of fixed private
investment in 2018 is expected to Brazil 3,216 15,485 18,298
be situated at 5.5%. Argentina 913 20,707 24,932

Peru has signed a number of Colombia 720 14,609 18,227


Free Trade Agreements (FTAs). Venezuela 404 12,857 12,210
These FTAs have been entered Peru 430 13,501 16,993
into with the United States,
Chile 456 24,797 30,079
China, Thailand, the European
Union, South Korea, Canada, Mexico 2,406 19,841 23,431
Costa Rica, Chile, Honduras,
Mexico, Venezuela, Panama, Source: International Monetary Fund (IMF), October 2017

24 Background information
economies, as well as achieving
the free circulation of goods,
services, capital, and people.
Peru’s traditional main exports
are gold, copper, petroleum
oil, natural gas, zinc, lead,
iron, fishmeal, quinoa, grapes,
asparagus, mangoes, cacao,
berries and coffee, and its
principal trading partners are
Argentina, Brazil, Canada, Chile,
China, Ecuador, Germany, Italy,
Japan, Mexico, South Korea,
Spain, Switzerland, and the
United States.

Trade balance

53.8
51.9
50 46.4
47.4
44.9 43.7
41.0 42.9 42.4 39.5 41.0 38.7
41.9
40 37.2 37.3 37 35.1
35.8
34.4
31.0 28.5 28.8
30 27.1
US$ billions

21.0
20

10.0 10.1
10 7.0 9.2
6.1 6.4 6.2
1.9
2.5
0
0.5 -1.5
-2,9
10
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018* 2019*

Exports Imports Trade Balance

*Estimated. Sources: BCRP

Background information 25
Peru's oil & gas investment guide 2018 - 2019

Peru‘s main
economic activities
Peru’s main economic activities avocado (US$581 million were deposits of iron ore, phosphates,
include agriculture, fishery, exported in 2017). It is also an manganese, petroleum, and
mining, the exploitation of important producer and exporter gas. The principal destinations
petroleum and gas, and the of fresh asparagus (US$409 for Peruvian copper are China
manufacturing of goods, most million in 2017), fresh grapes and Japan, gold to Switzerland,
notably textiles. The sharply (US$652 million in 2017) and United States and Canada, zinc
contrasting geographical areas natural calcium phosphates to South Korea and silver to the
of Peru make it a particularly (US$207 million in 2017). United States.
diverse country, with a wide
In mining, according to the U.S. One of the economic activities
variety of ecosystems, and thus,
geological survey, Peru ranked that is recently being exploited
flora and fauna.
second in the world in 2017 in and which shows great potential
In 2017, Peru ranked as the the production of silver, copper is that of forestry resources
world’s top producer of fishmeal and zinc, fourth in lead, and (cedar, oak, and mahogany,
(US$1.458 billion exported); and molybdenum, fifth in tin, and mainly).
it is the third-largest exporter of sixth in gold besides having large

Main economic activities by region

Ecuador Colombia

Cabo Blanco Iquitos

Au
Talara
Cajamarca
Chiclayo
Pacasmayo
Pucallpa
Brazil
Ag Zn Pb Fishery Textile industry
Trujillo
Petroleum Cement plant
Ag
Chimbote Pb Zn
Oil refinery Chemical plant
Paramonga La Oroya Cu
Au Ag
Zn
Sugar refinery Metal industry
Au
Lima - Callao Ag
Fishmeal plant Smeldering
Fe
Zn Cuzco
Au Ag Natural gas Metallurgical industry
Pisco
Ica
Arequipa
Puno Au Gold Zn Zinc
Cu
Ag Silver Pb Lead
Mollendo

Ilo Chile Cu Copper Fe Iron

Source: University of Texas - Perry Castaneda Library Map Collection

26 Background information
Gross Domestic Product (GDP) /
Trade Balance
The Gross Domestic Product (GDP) in 2017 reached US$215 billion. At the end of 2017, total FOB exports
came to US$44.9 billion, while imports totaled US$38.7billion. The principal exports came from the mining,
hydrocarbons, and agricultural and livestock industries.

Peru’s GDP

300 *

250
215 222 235
189 198 203 192 195
200
US$ billions

169
148
150 122 121
102
88
100 59 67 75
54
50

0 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018* 2019*

*Estimated
Sources: International Monetary Fund (IMF) /BCRP

Gross Domestic Product (GDP) by Industry - Annual % Change

2009 2010 2011 2012 2013 2014 2015 2016 2017 2018* 2019*

Agriculture and Livestock 1.3 4.3 4.1 5.9 2.7 1.6 3.5 2.7 2.6 4.0 4.0
Fisheries -3.4 -19.6 52.9 -32.2 24.8 -27.9 15.9 -10.1 4.7 23.5 0.5
Mining -2.1 -2.7 -2.1 2.5 4.3 -2.2 15.7 21.2 4.2 2.4 3.0
Hydrocarbons 17.1 15.0 5.1 1.0 7.2 4.0 -11.5 -5.1 -2.4 -0.8 7.6
Manufacturing -6.7 10.8 8.6 1.5 5.0 -3.6 -1.5 -1.4 -0.3 4.8 3.5
Electricity and Water 1.1 8.1 7.6 5.8 5.4 4.9 5.9 7.3 1.1 2.5 3.5
Construction 6.8 17.8 3.6 15.8 9.0 1.9 -5.8 -3.1 2.2 8.5 8.0
Commerce -0.5 12.5 8.9 7.2 5.9 4.4 3.9 1.8 1.0 3.5 3.8
Other Services 4.6 7.7 7.3 7.4 6.5 6.0 4.2 4.0 3.4 3.7 4.0
GDP 1.05 8.5 6.5 6.0 5.8 2.4 3.3 4.0 2.5 4.0 4.0

*Estimated as of March, 2018


Sources: BCRP/INEI

Background information 27
Peru's oil & gas investment guide 2018 - 2019

Peru’s GDP by productive sector


5.1% 1.7% 0.7%
6.0%

10.2% Others services Agriculture Livestock


45.4%
Manufacturing Construction
Mining / Oil and gas Electricity and Water
14.4% Commerce Fishery

16.5%

Sources: BCRP

GDP variations
10
8.5 9.1 8.5
8
6.3 7.5 6.5 6.0 5.8
6
4.0 4.0 4.0
4
2.4
3.3
2
2.5
1.0
0
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018* 2019*

*Estimated Source: BCRP

Devaluation and inflation


Exchange rate appreciation: the market value of the Sol rose and fell 3.5% against the US Dollar in 2017.
The annual inflation rate was 1.4% as of December, 2017. Peru’s central bank aims to keep the annual
inflation rate within a target range of 1% to 3%.

15
depreciation

14.2
12 9.6
9 6.7 6.6
3.9 4.7 3.5
6 3.0 2.1 2.6 2.9 3.2 1.4
Sol

3
3.2 4.4
0
-4.4 0.2 -1.7 2.0
Sol
appreciation

-3
-6.5 -2.5 -4.2 -3.5
-6
-6.2
-9
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018*
Inflation Devaluation

* Exchange rate estimated at 3.35 according to the Multiannual Macroeconomic framework (MMM) of August 2017
Sources: BCRP / Ministry of Economy and Finance

28 Background information
06
Infrastructure
and services It is expected that Peru will only the result of truly integrating the
realize its full economic potential national market and connecting
after reducing its infrastructure it at low cost to markets of other
bottlenecks. Estimates vary but, countries and regions.
according to ProInversion, the
The Government has been
2017 - 2018 portfolio of this
evaluating different alternatives
entity is comprised of 32 APP
to reduce such problems. One
(Public-Private Partnerships)
of those alternatives is the
projects and Asset projects for an
construction of pipelines, i.e. to
amount of more than US$14.4
transport natural gas extracted
billion. Of this total, 16 APPs
from Camisea’s gas fields to
are scheduled to be awarded in
the north and south region
the current year, in the amount
of Peru (called Southern and
of US$4.1 billion; 15 projects
Northern Peruvian Gas Pipeline
for US$3,750 million in 2018;
projects). Another important
while Line 3 of the Metro of
alternative under analysis is the
Lima (US$6.6 billion) could be
modernization of the Northern
awarded on the lasts months of
Peruvian Pipeline, constructed to
2018 or early 2019. In recent
transport oil, 40 years ago, from
years, Peru has begun to take the
the northeastern region of Peru
necessary measures to improve
to the coast.
its underprivileged infrastructure
(transport facilities, electricity, Moreover, this need for
water and communications) infrastructure also reaches the
in order to promote new energy sector. The generation
investments which will contribute and transmission of electricity
to the development of the makes necessary big investments
productive sectors of the country. in order to provide energy in
Recently the Government has an efficient way considering
approved a new regulation the geographical difficulties of
for Public-Private Partnership the Peruvian territory, and the
projects with the intention to expansion in the use of renewable
reduce dramatically the timeline energy to produce clean
of the whole process. energy will demand even more
infrastructure investments.
The oil & gas is one of the sectors
affected by this constraint since
oil & gas companies need to Public-Private
have access to transportation Partnerships
facilities to deliver their products
to national and international Peruvian laws have incorporated
markets. Well-developed Public-Private Partnerships
infrastructure reduces the effect (PPPs), a modality of private
of distance between regions, with investment participation.

Background information 29
Peru's oil & gas investment guide 2018 - 2019

PPPs are executed under the 220kV Substation (Puno) will project. Upon the signature of an
form of concession, operation, be now connected by a 220kV agreement, the private company
management, joint venture and transmission line instead of its commits to carry out a project in
any other modality admitted current 138kV one. exchange for the recognition of
by Peruvian laws. The main the investment and disbursements
The project will bring important
characteristic of PPPs is the made as a credit against income
benefits for the south part of
distribution of risks between the tax, through the issuance of
the country, such as greater
Peruvian Government and the a Regional and Local public
security in the supply of energy to
privates. Investment Certificate.
guarantee continuous electricity
PPPs provide the opportunity service to households, greater This regime has become an
to invest by means of the use of capacity for electric transmission efficient tool of Corporate Social
expertise, equipment, technology, to meet the growth of future Responsibility, allowing an
among other tools in order to demand and the promotion of efficient and direct application of
create, develop, improve, operate economic activities. public funds on behalf of regional
or maintain public infrastructure governments, local governments,
500kV Mantaro-Marcona-
or provide public services. This public universities and national
Socabaya-Montalvo and
modality of investment can be government’s entities in sectors
associated substations
requested as of a private initiative such education, health, security,
transmission line
or through a public tender. tourism, agriculture and irrigation,
This project is one of the biggest culture, sanitation, sports, and the
The Promotion Agency of Private
projects ever awarded for the environment, among others.
Investment of Peru (ProInversion)
design, finance, construction,
has estimated that the PPP It is important to highlight that
operation and maintenance of a
initiatives will have a direct and on December of 2016, by means
900 Km. long 500kV transmission
substancial impact on investments of Legislative Decree No. 1202,
line. The investment made was
during 2018-2019. In the case of Petroperu (National Oil Company)
about US$450 million. This
the energy sector, investments up was authorized to use Works for
line now transfers the energy
to US$ 802 million during 2018 Taxes mechanism. The reason
produced in central Peru to its
have been estimated, the same for such a decision relies on the
southern locations in order to
ones that will reinforce the supply difficulties Petroperu faced when
cover the energy demanded by
of electric power in the country. In it was developing its activities in
the increasing mining activities
this regard, it is worth mentioning areas in which social conflicts arise
developed in such areas.
the following projects: easily. In this sense, Petroperu
This transmission line was can now develop corporate
220kV Tintaya-Azángaro
inaugurated on November of responsibility activities by this
transmission line
2017. mechanism in the areas of
This recently awarded project influence of its projects.
(november 2017) consists of the W
 orks for taxes Note that also in the case of the
design, financing, construction,
Works for taxes is a regime that energy sector, the investments
operation and maintenance of
consists of the joint participation can cover the remediation,
a 220kV energy transmission
between a private company and construction and equipment
line. By means of this project,
a public entity to develop and of electric systems and rural
the Tintaya 220kV Substation
execute a public investment electrification projects.
(Cusco) and the Azángaro

30 Background information
Infrastructure access map

Pacific ocean
Juan Pablo Cabo Pantoja Colombia
Quay Bayovar
Puerto
Rico

Sechura
Piura
Mazan
Iquitos
Tumbes Tamshiyacu
Talara Loreto San Pablo
Paita Saramiriza
Punta Arena Piura
Requena
Ports Yurimaguas

Juan Pablo Lambayeque


General Quay Bayovar Amazonas
Etén Cajamarca

Mining Brazil
Pacasmayo Contamana
Malabrigo o La Libertad
Hydrocarbons San Martín
Chicama
Salaverry
Pucallpa
Roadways Huánuco
Chimbote
Ancash

Puerto
Paved Huarmey Ucayali
Huarmey Antamina
Ancash Pasco
Supe
Unpaved Antamina Vegueta
Huacho Madre de Dios
Pacific ocean Chancay Junín
La Pampilla
Roadways IIRSA - Peru Callao
Cusco Maldonado
Conchán
Refinería Conchán Lima
Cerro Azul Huancavelica
IIRSA Norte /
Terminal embarque Pacucha
Amazon axis Puno
marítimo Camisea
San Martín Ica
IIRSA Centro / Apurimac
Central Amazon axis
Ayacucho
Bolivia
San Nicolás Arequipa
IIRSA Sur / Peru - Ica Lamariyuni
Brazil - Bolivia and Puno
Interoceanic San Nazca Barco
highway axis Nicolás Atico
Moquegua
Matarani
Andean axis Pacific ocean
San
Juan Mollendo Tacna
Projected roads Ilo
Chile

Source: Ministry of Transport and Communications

Background information 31
Peru's oil & gas investment guide 2018 - 2019

Electricity infrastructure map

Transmission line

500 kv

220 kv ECUADOR COLOMBIA


138 kv

33-50-60-66 kv
MACHÁLA

L-2280
(55 Km) IQUITOS
ZARUMILLA
TUMBES L-6665B
(24,1 km)

TUMBES

Sub station
L-6665A
ZORRITOS (24 km)

NVO. ZORRITOS
L-6664
(75 km)

MÁNCORA
L-2249
RESERVA FRÍA

Hydroelectric plant
(136 Km)

PLANTA TALARA
MALACAS
TALARA
PARQUE PARIÑAS PIURA
L-2295
EÓLICOTALARA (10,81 Km)
L-2250
(103,69 Km)
CURUMUY LORETO
CAMPANA POECHOS LOS EJIDOS
SULLANA CEMENTOS CASTILLA

Thermoelectric plant
L-2161
LA HUACA PIURA CHULUCANAS
El ARENAL L-6663 SICACATE AMAZONAS
TABLAZO L-2248
L-6660 (93,98 Km) L-6657A
(10,8 km)
QUIROZ
PAITA L-6654 EL NOGAL
TIERRA COLORADA LOMA LARGA MUYO

Cold reserve plant


L-6658A

HUAPALAS HUANCABAMBA L-60171


PIURA OESTE (29,34 km)

LA UNIÓN
L-6699
TEXTIL PIURA MORROPON L-60751B
L-6658B
(33,92 km)
BAGUA CHICA
MAPLE NUEVA
L-2241
(110 Km)
OCCIDENTE JAEN JAEN
L-2162
SECHURA LA PELOTA

Solar plant
(144,1 Km)
21,71 km
MOYOBAMBA
L-6658C
QUANDA GERA
L-1137
(40,61 km) OLMOS
CONSTANTE FELAM
L-6036 17,62 km CACLIC
MOTUPE L-1018
BAYOBAR LA NIÑA 20,94 km
PAMPA PAÑALA L-1138
(90,2 km) (96,3 Km)

LAS PIZARRAS RIOJA


CAJAMARCA CHACHAPOYAS

Wind farm
L-2238
TIERRAS NUEVAS L-2239 (111 Km) (67 Km) CARHUAQUERO CAÑA BRAVA TARAPOTO
LA VIÑA
ILLIMO
LAMBAYEQUE L-1135
(23,2 km) CUTERVO
CEMENTO
SELVA
L-1130
ESPINA COLORADA YURIMAGUAS
LAMBAYEQUE L-6035 L-2240
NUEVA L-1017
LAMBAYEQUE SUR CHIRICONGA (80,8 Km)
CERRO CORONA CAJAMARCA
CHICLAYO NORTE LA PAJUELA
TUMAN

Region capital
CHICLAYO OESTE L-2263
POMALCA LA QUINUA (33,5 Km) CELENDÍN
BELLAVISTA
ETEN L-2236

SAN MARTÍN (25 Km)


L-1019
L-6049 CANTANGE
(83,6 Km)
REQUE L-2237 GALLITO CIEGO L-2261 (11 Km)
RECKA L-6045 CAJAMARCA
CAYALTÍ L-6047
CAJAMARCA NORTE JUANJUI
P. E. CUPISNIQUE
L-6042
L-6043
L-6044
SAN MARCOS
L-2234
CHILETE AGUAS CALIENTES
CUPISNIQUE
L-6048

BRAZIL
(103 Km)

GUADALUPE L-6050
LA MORENA L-1016
L-2260 (124 Km)
CEM. NORTE PACASMAYO (137 Km)
CAJABAMBA
CHEPEN L-5010
(327 Km)
L-2273
L-2275
TEMBLADERA (117,53 Km)

LA LIBERTAD
(117,53 Km)
L-1136
TOCACHE PUCALLPA (EUC)
SANTIAGO DE CAOL-1118 LA RAMADA
TRUJILLO NORTE L-1115
KIMAN AYLLU
TRUJILLO NUEVA
L-1124 YARINACOCHA
L-1117
PALLASCA TAYABAMBA (109,9 Km) L-6674
PUCALLPA
MOTIL L-2272
ALTO CHICAMA
(104,39 Km)
LLACUABAMBA
L-6683
PORVENIR L-2274 L-1133
TRUJILLO SUR L-2233
(104,39 Km)

SIHUAS PIAS L-1125


(134 Km) (131 Km)
L-1132
L-2232 L-5008 LA PAMPA POMABAMBA
(134 Km)
(145,14 Km)
L-1131 QUITARACSA I
CAÑON DEL PATO L-1105 L-6682 HUARI
L-1104
SANTA L-1103 HUALLANCA
AUCAYACU
PA

CHIMBOTE NORTE SANTA CRUZ I L-1122


CHIMBOTE 2 L-1127 (44,42 Km)
AGUAYTIA
CHIMBOTE 1 SANTA CRUZ II
L-2251
FROM CHILCA 220 CHIMBOTE SUR L-6679 CARÁZ HUALLANCA (73 Km)

TRAPECIO L-6684 NUEVA TINGO MARÍA


CIF

CARHUAZ L-2252
NEPEÑA L-6680 (174 Km) PIEDRA BLANCA
BUJAMA CASMA ANTAMINA LA UNIÓN
L-640
(31,65 Km)
SAN JACINTO
HUARAZ OESTE (221,16 L-2215
Km)
L-6694 L-6681
L-2255
(52,08 Km)
MARAÑON AMARILIS
HUÁNUCO
HUÁNUCO
CHILCA L-2286
IC

HUARÁZ L-5006 TICAPAMPA VIZCARRA CHAGLLA


(377 Km) L-2253
L-6250
PARIAC (51,54 Km) L-2150
CONOCOCHA
ANCASH
(16,5 Km) HUARICASHASH (127,6 Km)
L-2216
HUARMEY (221,16 Km)
L-2278 L-2264 L-2254 SAN JOSE
PASCO
(92,46 Km)
OC

L-639 (14,2 Km) (123,9 Km)


(16,74 Km) ANTAMINA L-1120 HUANCHAY
CHACRAY BAÑOS GOYLLARISQUIZGA OXAPAMPA
(86 Km)

09 DE OCTUBRE L-1101
(9,43 Km)
FRANCOISE PUERTO BERMUDEZ
SAN BARTOLO PARAMONGA NUEVA UCHUCHACUA L-6080
L-6082
PARAMONGA ANTAGASHA L-1203
VILLA RICA UCAYALI
EA

L-624 YANAPAMPA HUICRA (28,30 Km)


L-6084
PASCO
L-623 PARÁGSHA PICHANAKI
L-720
SAN JUAN (12,2 Km)
(18,5 Km)
SUPE L-1033
CAHUA OXIDOS CERRO
MILPO
L-6086
SATIPO
(63,36 Km)
EXCELSIOR YUNCAN
ATE L-619
(6,75 Km)
LURIN RONCADOR YARUCAYA CINCO
MANANTIALES ATACOCHA YAUPI
(ELECTRIC TRAIN) PURMACANA SANTA ISABEL
N

L-677
L-2279
(55,63 Km) CARHUAMAYO-ISA JUNÍN
(6,4 Km)
LAS PRADERAS HUALMAY ANDAHUÁSI OROYA NUEVA L-2259 CARIPA HUASAHUASI I-II
L-6670 CARPAPATA
HUACHO CONDORCOCHA
L-678 VILLA EL SALVADOR SANTA ROSA PACHACHACA MALPASO
L-644 CHEVES
CHORRILLOS
(6,4 Km)
L-643 L-621 L-2212 LA OROYA
(7,5 Km)
(7,5 Km)
L-620
(16,8 Km)
CHANCAY HUANCHOR CANCHAYLLO
JUNÍN
(6,75 Km) L-2210
RUCUY (73,654 Km)
AZULCOCHA YANANGO
LOMERA L-2217 MATUCANA HUANZA
CHIMAY
VILLA MARIA CAJAMARQUILLA HUINCO LA VIRGEN
CONCEPCION
L-646
CARABAYLLO L-6072 JAUJA PARQUE INDUSTRIAL
L-645
(12,1 Km) (12,1 Km) PACHACAMAC CHILLÓN ZAPALLAL L-6073
L-6074 RUNATULLO III
VENTANILLA CHUMPE L-2201 RUNATULLO II
L-2202 SALESIANOS
OQUENDO TOROMOCHO (192,22 Km) L-6632
POMACOCHA HUANCAYO ESTE
ATOCONGO SANTA ROSA
HUANZA L-2221 HUAYUCACHI
CHAVARRIA L-2205/
L-2206 CALLAHUANCA (165,997 Km) L-2219
L-2220
(79,59 Km) MANTARO
MIRADOR
MADRE DE DIOS PTO. MALDONADO
(112,19 Km)
MOYOPAMPA L-2218
ORCOTUNA (194,82 Km)
RESTITUCION
BALNEARIOS
L-5001
HUAMPANÍ
LAS FLORES
CERRO
EL AGUILA CAMPO ARMIÑO CUSCO CHAHUARES RESERVA FRÍA
SAN JUAN L-2093
L-2094
(89,8 Km) L-2204
(66,47 Km)
L-2227L-6066
(0,2 Km) PAMPAS
CHILCA 2
LA PLANICIE L-2095
KALLPA LIMA HUANCAVELICA COBRIZA 1
COBRIZA 2 L-6002/1
PLATANALHUANCAVELICA HUANTA
L-6002 L-6061
CHILCA 1 L-2090 MACHAHUAY SANTA MARIA L-1015
CHILCA (82,4 Km)
L-6643
L-2203 COLCABAMBA
L-6062

FENIX ASIA (247,25 Km) L-6063 L-6002/1


MACHU PICCHU MAZUCO
SANTO DOMINGO DE LOS OLLEROS INGENIO MOLLEPATA MACHU PICCHU II
DESIERTO SAN AYACUCHO SANTA TERESA CACHIMAYO
CANTERA FRANCISCO
SURIRAY
NUEVA IMPERIAL L-2207
L-6644 L-6006
PAUCARTAMBO
L-2208 (82,35 Km)
CAUDALOSA QUICAPATA L-2050
L-6065
(57,0 Km)
L-2217
L-5032
(357,76 Km)
(53 Km)
PISAC L-1014
(24,6 Km)
CANGALLO DOLORESPATA
ACEROS AREQUIPA L-2231 L-6003
(180,7Km)
LLUSITA ABANCAY QUENCORO
INDEPENDENCIA ANDAHUAYLAS SAN GABÁN
L-2209
PISCO (55 Km)
L-2051
(294 Km)
L-1005/1
FUNSUR ICA
L-2059
PARACAS SEÑOR DE LUREN (189 Km)
L-2060 L-6005 COMBAPATA L-1010

PUNO
(135 Km)
ALTO LUNA STA MARGARITA L-2052
(294 Km) APURÍMAC CHACAPUENTE L-6001
SAN RAFAEL
AYACUCHO
L-6008
INDEPENDENCIA PEDREGAL L-2055 LAS BAMBAS
SICUANI
TAMBO DE MORA ICA PUQUIO
L-2056
(31 Km)
ANTAPACAY HERCCA
ANTAUTA
PALPA COTARUSE
BOLIVIA

(0,2 Km) L-2211


(32,1 Km) TACAMA (155 Km) L-1005/2
L-6626
CORA CORA SELENE L-1009 L-6021
ANANEA
L-6603 (8,8 Km)
(31,3 Km) (25 Km) HACIA ICA NORTE ICA NORTE NASCA
FUNSUR L-2053
L-2054
MISAPUQUIO TINTAYA AYAVIRIL-1006
L-6025

L-6605 (315 Km) ARES L-1008 (126,7 Km) L-6024


L-6604 L-6607 P. E. MARCONA QUELLOPATA HUANCARAMA (96,3 Km)
L-6605
PARACAS
L-6630
CHIPMO ARCATA L-6026
(1,5 Km)
(31 Km)
P.E.TRES HERMANAS MARCONA CONSTANCIA L-1011
POROMA AZÁNGARO (78,2 Km)
(2,5 Km) EL HIERRO HUAYLLACHO HUANCANÉ
L-6628 L-6015
ALTO L-6627 CAYLLOMA
(12,6 Km) (18,2 Km)
LA LUNA TACAMA SAN NICOLÁS
SAN ANTONIO JULIACA
PISCO
L-6672
SAN IGNACIO L-6311
L-6623/2 TALTA CARACOTO TAPARACHI
(24,8 Km)
BELLA UNIÓN TAMBOMAYO
PEDREGAL EL CARMEN L-5034
CALLALLIL-1020
L-2023
L-2022
L-1012
(37 Km)

PUEBLO NUEVO VILLACURI (276,6 Km) (83,4 Km) (201,4 Km)

PUNO BELLAVISTA
TAMBO DE MORA YARABAMBA
AREQUIPA CHARCANI V PARQUE L-2030
(196,4 Km)
L-0639
INDUSTRIAL
SANTUARIO ILAVE
CHUQUIBAMBA CHILINA L-0638
CHARCANI
I,II,III,IV,VI SOCABAYA
L-6550 LA YARADA
CORIRE CERRO VERDE POMATA
MAJES
CAMANÁ
OCOÑA
LA JOYA
MOQUEGUA
C.S. MAJES SAN CARLOS RUBÍ
L-2025
L-5036 L-2026
REPARTICIÓN (260 Km)
SULFUROS (106,74 Km)
MOQUEGUA
C.S. REPARTICIÓN SAN CAMILO
MOLLENDO BOTIFLACA
L-5037
PUERTO BRAVO (117 Km) PUSH BACK
MONTALVO TOQUEPALA
SAN JOSÉ ARICOTA I
ILO 4
C.T. NODO ENERGETICO L-1026
(35,5 Km) SARITA
ILO 3
ILO 1
C.S. MOQUEGUA MILL
SOLAR L-6620
SITE ARICOTA II
PANAMERICANA ILO 2 L-2029
SOLAR RESERVA FRÍA TACNA L-6637
(124,13 Km)

PLANTA ILO

Source: COES
TOMASIRI L-6640
LOS HÉROES
TACNA
L-6659 TACNA SOLAR

32 Background information
07
Peru’s
investment-
grade rating Peru has maintained its investment-
grade credit rating since Moody’s
vulnerabilities within a context
of high and diversifying sources
Investors Services raised it to of growth with low inflation and
that level in December, 2009 strengthening macroeconomic
matching moves made by Standard fundamentals. It is expected that
& Poor’s and Fitch Ratings the these trends will remain in place
previous year. Sound economic over the medium term despite an
prospects, with GDP growth rates increasingly riskier international
estimated at 4% over the medium environment. It is well known
term, are a key supporting factor that countries with investment
for the investment-grade rating. grade ratings gain a higher level of
Peru’s robust growth prospects confidence that generates more
are supported by important foreign and domestic investment.
investments levels. The upgrade is The risk premium demanded
also supported by the significant by multinationals and foreign
decline in Peru’s fiscal and external investors is slashed after the

Peru’s investment grade rating


(long term debt in foreign currency)

Country S&P Fitch Moody's


Chile A+ A Aa3

Peru BBB+ BBB+ A3

Mexico BBB+ BBB+ A3

Colombia BBB- BBB Baa2


Uruguay BBB BBB- Baa2
Paraguay BB BB Ba1

Bolivia BB BB- Ba3

Brazil BB- BB- Ba2


Argentina B+ B B2
Ecuador B- B B3
Venezuela SD RD Caa3

As of January 2018
Source: Standard & Poor’s/Fitch Ratings/Moody’s

Background information 33
Peru's oil & gas investment guide 2018 - 2019

Investment grade

S&P / Fitch Moody's Feature


AAA Aaa Risk Free
AA+, AA, AA- Aa1, Aa2, Aa3 High Grade
A, A, A- A1, A2, A3 High Repayment Capacity
BBB+, BBB, BBB- Baa1, Baa2, Baa3 Moderate Repayment Capacity
BB+, BB, BB- Ba1, Ba2, Ba3 Some Repayment Capacity
B+, B, B- B1, B2, B3 Highly Uncertain Repayment Capacity
CCC+, CCC, CCC-, CC Caa1, Caa2, Caa3 Extremely Vulnerable to Default
SD/D Ca Default

As of March 2018
Source: Standard & Poor’s/Fitch Ratings/Moody’s

upgrade. At the same time, the to alleviating a still complex social Bloomberg Markets positioned
investment horizon is elongated. situation in Peru, by achieving Peru as the ninth emerging market
The same occurs with domestic improvements in employment and with the greatest international
investment. Local investors decreases in poverty. projection, based on the country’s
gain more self-confidence, thus advantages, such as low share
allowing themselves to consider Country risk prices and their possible increase
opportunities with lower rates of in the future.
return. The impact is immediate, As of December 2017, Peru had
a country risk of 136 base points, As may be seen in the following
as consumers gain access to credit
ranking as the second-lowest in charts, Peru’s level of inflation is
with more favorable terms.
Latin America. This score is nearly one of the lowest in Latin America,
The upgrade to investment one-third of the regional average with a rate of 1.4% in 2017,
grade has brought Peru a lot of (419 points). and an estimated range of 2.0%
positive attention worldwide. More for 2018. In addition, over the
importantly, it has had a positive Peru has achieved the position of past decade (2007-2016), the
impact on the local economy and the third most globalized country Peruvian economy had the lowest
should help to boost the stock in Latin America, according to the average annual inflation rate in
market and the appreciation of Globalization Index established by Latin America, at 3.4%, below
the Peruvian currency, the sol, in EY. Five elements are considered that of Ecuador (4.0%), Colombia
the short term. For this reason, within this index: openness to (4.3%) and Brazil (6.2%).
nowadays, many multinational foreiqn trade, capital flows,
corporations look at the country exchange of technology and
more seriously, as higher private ideas, international movement of
investment is flowing into the workers, and cultural integration.
country. This should contribute Additionally, in early 2018

34 Background information
Country risk indicator (2006-2017)

4,800
4,600
4,400
4,749
4,200
4,000 Venezuela
3,800 419
3,600
Latin America
3,400
3,200 356
3,000 Argentina
2,800
2,600 242
2,400 Mexico
2,200
2,000
232
1,800 Brazil
1,600
174
1,400
1,200
Colombia
1,000 136
800
Peru
600
400 118
200 Chile
0
31 Dec 31 Dec 31 Dec 31 Dec 31 Dec 31 Dec 31 Dec 31 Dec 31 Dec 31 Dec
2007 2008 2009 2010 2011 2012 2013 2015 2016 2017

Source: BCRP

Background information 35
Peru's oil & gas investment guide 2018 - 2019

Estimated inflation rates in Latin America


2.0
1.4
Peru 3.2
4.4
3.2
20.0
25.0
Argentina 26.9
40.3
23.9
3.7
2.9
Brazil 6.3
10.7
6.4
2.6
2.3
Chile 2.8
4.4
4.7
3.3
4.1
Colombia 5.7
6.8
3.7
4.1
6.8
Mexico 2.1
3.4
4.1
4.2
4.5
Paraguay 3.1
3.9
4.2
6.6
6.4
Uruguay 8.1
9.4
8.3
0 10 20 30 40 50

2018* 2017* 2016 2015 2014

*Estimated
Sources: Latin America Concensus Forecast (March 2018)/BCRP

Estimated Gross Domestic Product (GDP) growth percentage rates


(Pacific Alliance and Latin America)

4.0
Peru 2.5
4.0
3.3
2.4
3.4
1.5
Chile 1.6
2.3
1.9
2.6
1.8
Colombia 2.0
3.1
4.4
2.2
2.1
Mexico 2.3
2.7
2.3

0 1 2 3 4 5

2018* 2017* 2016 2015 2014

*Estimated
Sources: Latin America Concensus Forecast (March 2018)/BCRP

36 Background information
08
Investment
promotion
Foreign investment
conditions
In an attempt to reduce the
political risk perception of the
legislation and country, Peru has adopted a legal
trends in Peru framework for investments which
offers automatic investment
The Peruvian government is authorization and establishes
committed to the pursuit of an the necessary economic stability
investor-friendly policy climate. rules to protect private investors
It actively seeks to attract both from arbitrary changes in the
foreign and domestic investment legal terms and conditions of their
in all sectors of the economy. It ventures and reduces government
has therefore taken the necessary interference with economic
steps to establish a consistent activities.
investment policy, which
Peru’s Central Bank reported
eliminates all obstacles for foreign
that the stock of foreign direct
investors; with the result that now
investment (FDI) inflow is expected
Peru is considered to have one of
to reach US$7 billion in 2018.
the most open investment regimes
FDI is concentrated in mining,
in the world.
communications, finance,
manufacturing and energy.

Foreign direct investment inflows


(US$ billions)
2004 1,599
2005 2,579
2006 3,467
2007 5,491
2008 6,924
2009 6,431
2010 8,455
2011 7,665
2012
2013 9,298 11,918

2014 7,885

2015 8,272
2016 6,863
2017 6,769
2018* 7,018
2019* 7,160
0 2000 4000 6000 8000 10000 12000

*Estimated
Source: BCRP

Background information 37
Peru's oil & gas investment guide 2018 - 2019

Foreign direct investment stock by sector (2017) the use of public resources
and to promote the efficiency
3% 3% 4% in the functioning of public
3% Mining
22% administration entities.
Communications
13% Finance
Energy
Merger control rules
Manufacturing in the electric sector
Commerce
Regarding the electricity sector,
Petroleum
13%
the Peruvian Institute for the
Services
21% Protection of the Consumer
Others
and Copyright (INDECOPI) has
18% Source: ProInversion established special regulations on
horizontal and vertical mergers
which involve entities that develop
The Peruvian government operator is in compliance with the electrical energy generation,
guarantees foreign investors legal relevant Peruvian tax legislation. transmission and distribution
stability on income tax regulations activities. These rules aim to
and dividend distributions. Foreign Elimination of avoid cases of clusters that may
investors entitled to obtain tax damage, distort or diminish the
and legal stability are those willing
bureaucratic free market and free concurrence
to invest in Peru, in a two-year barriers principles of the sector.
term, at least US$10 million in
Due to the last tax reform, many For these purposes, a previous
the hydrocarbon and/or mining
modifications were introduced authorization for mergers must be
sectors; US$5 million in any other
regarding the regulation of the requested to INDECOPI’s Defense
economic activity or to acquire
activities carried out by public of Free Market Commission by
more than 50% of the shares of a
administration entities. Because entities who, jointly or separately,
privatized state-owned company.
of this, Legislative Decree No. own 15% of the market in the
Peruvian laws, regulations, and 1256 declared the elimination case of horizontal concentration
practices do not discriminate of illegal and unreasonable (develop one electrical activity),
between national and foreign bureaucratical barriers that may and 5% in the case of vertical
companies. Accordingly, national have been hindering the access concentration (develop two
treatment is offered to foreign or permanence of economic or more electrical activities),
investors. There are no restrictions agents into the Peruvian market before or after the merger. This
on repatriation of earnings, or that may have contravened authorization must be duly
international transfers of capital, laws or principles related to supported with documentation.
or currency exchange practices. the bureaucratic simplification
Once this authorization is
The remittance of dividends, process.
requested, the Technical
interests and royalties has no
The aforementioned Legislative Secretariat of the aforementioned
restrictions either.
Decree aims at public Commission must evaluate if the
Foreign currency may be used to administration entities and all support documentation is enough
acquire goods abroad or cover public employees and encourages for purposes of the requested
financial obligations as long as the them to its compliance to improve authorization´s evaluation. If not,

38 Background information
the Commission and its Technical Inmobiliarios (FIRBI’s).Under these
Secretariat are allowed to request rules, companies who provide
further information. real state to the said funds from
January 1st, 2016 until December
When the information is complete,
31st, 2019, shall consider that
the Commission has 30 business
such alienation took place in the
days in order to evaluate the
date in which the FIRBI transfers
request. The term for the
real state to a third party or to
authorization evaluation may be
another participant; or when the
extended if it is necessary. While
company transfers its participation
this proceeding is in course, the
certificates issued by the FIRBI as
Commission is allowed to suggest
a consequence of its contribution.
modifications to the merger
The mentioned Legislative Decree
scope and limitations in order to
also includes certain provisions
make it free of negative effects
with tax incentives on municipal
on the market of generation,
taxes (Property Transfer Tax). This
transmission and distribution of
regulation has been effective since
electrical energy.
January 1st, 2016.
If the authorization is denied, an This exemption was already in
appeal may be presented before Recognition force due to Law No. 30341, but
was only applicable on capital
the Defense of the Competence
Tribunal No. 1. This Tribunal will
of favorable gains performed in the Stock
reconsider the authorization investment climate Exchange that were derived
from stocks and securities
request and issue a final decision
According to the World Economic representative of stocks. Due to
within the next 30 business days.
Forum 2017-2018, Peru is among Legislative Decree No. 1262, the
Notice that in case the vertical the top countries in Latin America exemption was extended to the
or horizontal concentration in terms of macroeconomic following securities:
results from a ProInversion environment, market size,
approved promotion project, the • Debt securities.
financial market development,
aforementioned authorization labor market efficiency, • Mutual Funds quotes.
proceeding may differ. goods market efficiency, and
technological preparation, among • Trading invoices.
Real estate others. • Certificates from Funds in
investment Exemption of capital
Immovable Property (FIRBIs
shares).
promotion rules gains in the Stock • Certificates from Trusts in
On August, 2015, by means of
Legislative Decree No. 1188,
Exchange Immovable Property (FIBRAs
shares).
Peru enacted special rules with On December 10th, 2016, Peru
tax incentives to promote Real enacted Legislative Decree No. In order to apply for the
State Investment Trusts (REITs) 1261 on the Official Gazette, exemption on the aforementioned
in Peru, called in spanish as which made several changes securities, certain requirements
Fondos de Inversión en Bienes to the Peruvian capital gain must be observed, as established
temporary exemption. by Legislative Decree No. 1262.

Background information 39
Peru's oil & gas investment guide 2018 - 2019

Global competitiveness index


2015 - 2016 2016 - 2017 2017 - 2018
Ranking Score Ranking Score Ranking Score
Peru Total 65/148 4.24 67/138 4.23 72/137 4.22
SUB-INDEX:
Basic requirements 74 4.52 77 4.43 79 4.45
Institutions 118 3.26 106 3.3 116 3.22
Infrastructure 88 3.54 89 3.57 86 3.77
Macroeconomic environment 21 5.89 33 5.44 37 5.35
Health and primary education 94 5.39 98 5.33 93 5.44
Efficiency enhancers 62 4.19 57 4.26 64 4.22
Higher education 83 4.08 80 4.13 81 4.10
Goods market efficiency 53 4.47 65 4.37 75 4.28
Labor market efficiency 51 4.33 61 4.34 64 4.27
Financial market development 40 4.49 26 4.75 35 4.51
Technological readiness 92 3.30 88 3.56 86 3.73
Market size 43 4.47 48 4.40 48 4.45
Innovation and sophistication factors 99 3.34 108 3.30 103 3.33
Business sophistication 72 3.93 78 3.78 80 3.81
Innovation 117 2.76 119 2.82 113 2.85

Source: World Economic Forum 2017-2018

Ease of Doing Business in Peru


According to Doing Business 2018, Peru ranks 58th out of 190 countries in terms of ease of starting a
company and doing business, and ranks third in Latin America.

Doing Business Forbes


(presenting Latin America countries) (presenting Latin America countries)
Position Country Position Country
49 Mexico 33 Chile
55 Chile 45 Costa Rica
58 Peru 54 Uruguay
59 Colombia 57 Mexico
61 Costa Rica 60 Peru
64 Puerto Rico (United States) 61 Colombia
79 Panama 64 Panama
94 Uruguay 74 Brazil
97 Guatemala 92 El Salvador
99 Dominican Republic 94 Guatemala
108 Paraguay 112 Paraguay
Source: World Bank (WB) - Doing Business 2018 Source: Forbes 2017

40 Background information
Summary of doing business indicators
Latin America and
Indicators Peru
the Caribbean
• Number of procedures 7.0 8.4

Starting a • Time (days) 26.5 31.7


business • Cost (% of income per capita) 10.0 37.5
• Registration of minimum capital paid up (% of income per capita) 0.0 2.1
• Number of procedures 15.0 15.7
Construction
• Time (days) 188.0 191.8
permits
• Cost (% of warehouse valvue) 1.1 3.2
• Number of procedures 5.0 7.2
Property
• Time (days) 7.5 63.3
registration
• Cost (% of property value) 3.3 5.8
• Number of procedures 5.0 5.5
Getting
• Time (days) 67.0 66.0
electricity
• Cost (% of income per capita) 349.6 927.4
• Strength of legal rights index (0-12) 8.0 5.3

Access to • Depth of credit information index (0-8) 8.0 4.8


credit • Credit registry coverage (% of adults) 37.4 14.0
• Credit bureau coverage (% of adults) 100.0 43.1
Protecting • Extent of conflict of interest regulation index (0-10) 7.0 5.3
minority
• Extent of shareholder governance index (0-10) 5.3 4.1
investors
• Number of payments per year 9.0 28.0
Paying taxes • Time (hours per year) 260.0 332.1
• Total tax and contribution rate (% of profit) 35.6 46.6
• Time to export – Documentary compliance (hours) 48.0 53.3

Trading across • Cost to export – Documentary compliance (US$) 50.0 110.4


borders • Time to export – Border compliance (hours) 48.0 62.5
• Cost to export – Border compliance (US$) 460.0 526.5
• Time (days) 426.0 767.1
Enforcing
• Cost (% of claim) 35.7 31.4
contracts
• Quality of judicial processes (0-18) 8.5 8.4
• Time (years) 3.1 2.9
Resolving
• Cost (% of estate) 7.0 16.8
bankruptcy
• Recovery rate (cents on the dollar) 29.7 30.8

Source: World Bank (WB) - Doing Business 2018

Background information 41
Peru's oil & gas investment guide 2018 - 2019

Settlement of to settle disputes arising between


investors and the government.
Framework Agreement, signed
on June 6, 2012 in Antofagasta
investment disputes In addition, Peru has signed 31 Chile. Its profile is predominantly
Bilateral Reciprocal Investment economic and commercial, and
Foreign investors are protected
Promotion and Protection its fundamental purpose is to
against inconvertibility,
Agreements (BRIPPAs) and 12 become an area that fosters
expropriation, political violence
Free Trade Agreements (FTAs) greater growth, development and
and other non-commercial
which include a chapter related to competitiveness of its economies
risks through access to the
investment. with a view to improving its
corresponding multilateral and
projection to the world and
bilateral conventions such as
the Overseas Private Investment
Pacific Alliance contributing to an economic rise
with social inclusion.
Corporation (OPIC) and the The Pacific Alliance is a
Multilateral Investment Guaranty mechanism for in-depth The Pacific Alliance’s Framework
Agency (MIGA). integration, established by the Agreement determines that, as
Declaration of Lima, signed by a fundamental part of the plan
Also, Peru has joined the
Peru, Chile, Colombia and Mexico to achieve its objectives, efforts
International Convention for
on April 28, 2011. Its founding should be directed towards the
Settlement of International
instrument is the Pacific Alliance free trade of goods and services,
Disputes (ICSID) as an alternative

Bilateral Reciprocal Investment Promotion and Protection Agreements (BRIPPAs)

Germany
Belgium
Luxembourg
Denmark Australia
Spain Brunei
Finland Japan
Cuba France Malaysia
El Salvador Netherlands New Zealand
Argentina Italy Thailand
Bolivia Norway Vietnam
Colombia Portugal
Ecuador United Kingdom
Paraguay Czech Republic
Venezuela Romania
Sweden
Switzerland
Source: ProInversion

42 Background information
the free movement of people and
capitals, and the development
of cooperation mechanisms to
encourage investment, as well as
the sustainable quality of life for
its populations.
As part of this, the Pacific
Alliance member countries are
completing their legal framework
in order to promote the
achievement of their objectives,
basing their actions on four main
issues:
Trade and integration
The Alliance has focused on the
fostering of negotiations that
translate into measures that
will facilitate trade and customs
cooperation between members. Integrated Latin American with wider sources of financing. It
Efforts are focused towards Market –MILA is hoped that the unified market
eliminating tariff barriers, of these countries will become
The Lima Stock Exchange – BVL the leader in the region in a
the cumulation of origin with (Peru), the Santiago Stock
regard to products that contain number of issuers.
Exchange – BCS (Chile), the
materials originating in one of Colombia Stock Exchange – BVC Movement of people
the member countries, provided (Colombia) and, since, 2014, the
that the customs tariff is 0% The free movement of people is
Mexican Stock Exchange – BMV
everywhere, the reduction of one of the central pillars of the
(Mexico) together with the central
technical obstacles to trade and Pacific Alliance. This workgroup
securities registers of each
the alignment with health and is focused on developing issues
country have integrated their
phytosanitary measures. such as facilitating migratory
variable income market (shares)
transit, free movement of people,
Capitals and services by establishing the Integrated
consular cooperation, student
Latin American Market (MILA)
Within the scope of capitals and and labor cooperation, and the
with which it intends to diversify,
services, the Pacific Alliance’s exchange of information on
expand and make more attractive
actions are directed towards migration flows.
the negotiation of this type of
cooperation in investment, cross- securities in the four country Cooperation
border trade of services, financial members, as much for local as for
services, telecommunications, The Pacific Alliance seeks
foreign investors.
air transport and maritime to encourage cooperation
transport. It also seeks to This integration seeks to develop on aspects that significantly
strengthen the integration of the the capital markets of the impact the comprehensive
stock exchanges of the member member countries, in order to development of the population
countries. provide investors with a greater of member countries and the
offer of securities and issuers

Background information 43
Peru's oil & gas investment guide 2018 - 2019

strengthening of technology
of their industries. To achieve
• Electricity exchanges will be
subject to power and energy
Stabilization fund
this, the main purposes of excess of the export country. for prices of oil’s
the cooperation work group
• Electricity exchanges will fuel derivatives
are to consolidate a platform
be made under the scope The Stabilization Fund for
of student and academic
of bilateral supply contracts Prices of Oil’s Fuel Derivatives
movement, the structure
between the entities to be is an intangible fund created
of a scientific research
designated by Peru and in 2004. It aims too sooth the
network on climate change,
Ecuador, up to the limit of the high volatility of international oil
the identification and use
transmission capacity that prices, taking into consideration
of synergies to increase
may be determined by the that Peru is a net oil importer.
competitiveness of medium,
electrical system operators. In so doing, the fund establishes
small and micro business,
the execution of physical • The importer must assume maximum and minimum limits
interconnection projects, and the applicable regulatory (price bands), in order not
the creation of a cooperation charges in its country. to let high volatility affect its
fund. consumers. It is important to
For these purposes, Peru and mention that there are price
You can easily find more Ecuador have compromised to bands for fuels such as:
information in the EY’s Pacific adapt its internal regulations
Alliance Business Guide at if it is necessary, authorize 1. Fuel oil
ey.com/pe/EYPeruLibrary. operative agreements between 2. Liquified Petroleum Gas
the electric system operators,
Electrical Regional and promote special projects 3. Gasoline 84 and 90 RON
Market of the Andes and the exchange of technical
information required for the
4. Gasohol 84 and 90 RON
By means of the Decision No. operation of the system. 5. Diesel BX (mix of Diesel N° 2
757 of the Andean Community and Biodiesel B100, wherein
of Nations, a special temporal This special temporal regime X is the percentage of B100
regime for the regulation of will be in force until the in the mix)
international transactions on regulations (operational,
commercial and coordination) Products mentioned in items
electricity was established
of Decision No. 816 – that 3, 4, and 5 above are excluded
between: (i) Peru and Ecuador,
creates the new Electrical from fund regulations to the
and (ii) Colombia and Ecuador.
Regional Market of the Andes extent that they are used in the
According to this regime, (MAER) – will be published exploration and production of
transactions between Peru and in the Official Gazette of natural resources, processing of
Ecuador are subjected–among Cartagena. Once such hydrobiological resources,and
others- to the following main regulations will be published, cement manufacture.
rules: the MAER will enter in force.

44 Background information
The fund enables the
government to compensate
producers and importers,
so that they do not charge
consumers above of the
maximum limit whenever oil
prices surpass it.
The payments made by the
government (“compensation
factor”) are the result of
comparing import parity
pricing with the maximum limit.
Therefore:
CompF = IPP – MaxLim
Likewise, when oil prices fall
below the minimum limit,
producers and importers charge
consumers with the minimum
limit, and make payments
to the fund (“contribution
factor”), which are equal to
the difference between the
minimum limit and import
parity pricing. Thus:
ContF = MinLim – IPP
The General Bureau of
Hydrocarbons (DGH, in Spanish)
manages the fund, whilst the
Supervisory Body of Private
Investment in Energy and Mines
(OSINERGMIN, in Spanish)
updates the price bands from
time to time.

Background information 45
Peru's oil & gas investment guide 2018 - 2019

Starting a business

2
in Peru

46 Background information
Peru's oil & gas investment guide 2018 - 2019

01
Requirements
for foreign
investors
Foreign investors shall be able forms of corporations: the closely
to sign licenses and service held corporation (Sociedad
contracts and therefore, carry Anónima Cerrada) and the
out oil & gas exploration and open stock company (Sociedad
production activities if they Anónima Abierta).
establish a corporation (subsidiary
In these cases, the legal,
or affiliate) or a branch in Peru.
technical, economic and financial
Furthermore, the investors shall
capacity for carrying out oil &
appoint a representative, in the
gas exploration and production
case of foreigners with an alien
activities, evaluated by Perupetro,
registration card.
will lay in the parent company,
The most common types of legal who will be jointly and severally
organizations used by foreign responsible for the capacity of
investors for doing business in their Peruvian branches and/or
Peru are a corporation (Sociedad corporations. If there is no parent
Anónima - S.A.) and a limited- company, the qualification process
liability company (Sociedad must be followed by the applicant
Comercial de Responsabilidad company.
Limitada - S.R.L.). However, the
Associative agreements, such as
Peruvian Corporation Act also
joint ventures, are also allowed.
provides other forms of legal
entities, including two special

02
Establishing
Corporation
a Peruvian
To that purpose, first, investors
must grant powers to a

corporation
A corporation (Sociedad representative in Peru to execute
Anónima - S.A.) is composed said instrument. Also, investors
of shareholders whose liability shall request the to Tax Authority
is limited to the value of their (SUNAT) the registration of the
shares. The board of directors company as taxpayer in order
and one or more managers to obtain the tax identification
manage the S.A. To incorporate number (Registro Único de
an S.A., investors (i.e. the Contribuyente - RUC). The
shareholders) shall sign a public bureaucratic and legal steps
deed of incorporation before a that an investor must complete
notary public and file it before the to incorporate and register a
Public Registry of Legal Entities. standard S.A. normally take

Starting business in Peru 47


Peru's oil & gas investment guide 2018 - 2019

Capital Founders, shareholders Types of shares


Capital is divided into shares which An S.A. must have a minimum of two Shares must be nominative and they
may be freely transferred with just individual or corporate shareholders, represent the unit into which the
a private agreement, unless such with no requirements as to their proprietary interests in a corporation
transfers are restricted by the nationality or residence. are divided. As a general rule, each
corporate bylaws. There are no The shareholders’ general meeting is share gives the right to one vote, but
minimum or maximum capital the supreme body of the S.A. and non-voting shares may be issued.
requirements, although issued has power of decision on any subject Shares shall be recorded in the stock
capital must be fully subscribed and the exclusive power of decision ledger. Different classes or series of
and at least 25% thereof paid in with respect to dissolution, shares may be issued, with different
upon incorporation. Nonetheless, amendments to the bylaws and a rights and/or obligations.
Peruvian Financial Entities request capital increase or reduction, among All shares of the same class shall have
a minimum deposit of other key corporate decisions. the same par value but may be issued
approximately $300.00 for the at a premium or at discount from par.
account opening (the amount may Corporations may purchase their own
change depending on the Financial shares subject to certain limitations.
Entity). Capital may be supplied in Bylaws restrictions on transfer of
cash or in kind. Value of shares are permitted.
non-monetary contributions must
be reviewed and approved by a
majority of the board of directors
within 60 days of incorporation
and may be challenged in court Management
during the following 30 days.

Requirements of One or more managers are appointed


(and removed) by the board of
a Corporation (S.A.) directors, unless bylaws stipulate
appointment by a general
Control
in Peru* shareholders meeting. Managers
could be a natural person or a legal
An annual general meeting is
required. Bylaws may specify a entity. When only one manager is
higher quorum and larger majorities appointed, he/she will be the general
than those laid down by law. The manager. There are no nationality
minimum quorum for a general requirements.
meeting is 50% of capital on the first
call and any number of shareholders
on the second call. Most decisions
are taken by a simple majority of the
paid-up voting shares represented. Board of directors
An S.A. must have a minimum of three directors, with no maximum number
For major decisions, such as capital provided by the law. There are no requirements as to their nationality or
increases or decreases or corporate residence. Directors may not be shareholders, and they serve one to
bylaw changes, the minimum three-year renewable terms. Directors may be elected by cumulative voting,
quorum is two-thirds of total voting in which each share has as many votes as there are directors to be elected,
shares represented on the first call and shareholders either accumulate their votes in favor of one candidate or
and 60% on the second call, and the distribute them among several. Elected directors must accept the position
decision requires an absolute expressly and in writing. A quorum is half the board membership plus one.
majority of total voting shares The board of directors has all the powers vested in its by law and the
represented. corporate by-laws.

*The obligation to submit audited financial statements to the securities commission, stated for legal entities with annual sales or total assets
equal or above 5,000 tax units (not listed in the Stock Exchange), was declared as unconstitutional by the Constitutional Court on April 4th,
2016. Such obligation was in force as from June 2011.

48 Starting business in Peru


between 15-30 days once the contributions. At least 25% of • Centralized management.
necessary documents arrive to each participant’s contribution Partners general meeting and
Peru. to capital must be paid-in upon one or more managers (no
founding. board of directors is required).
The incorporation documents
must include, at least, (a) the Although to incorporate a S.R.L • Transfer of interest. Transfer of
company’s name; (b) business no minimum capital is specified, partners interest to third parties
purpose and duration; (c) the entities of the national financial is subject to approval by the
company’s domicile; (d) the system request a minimum existing partners and must be
name, nationality, marital status deposit of approximately registered in the public register.
and residence of any individual US$300.00 for the account
• Continuity. Death, illness,
shareholder and name, place opening.
bankruptcy, retirement or
of incorporation and address of
The S.R.L.’s capital is divided into resignation of any partner does
any corporate shareholder (a
and represented by participating not cause the dissolution of the
minimum of two shareholders
interests which cannot be entity.
are required to set up an S.A.);
denominated shares and
and (e) the capital structure (the
which are not freely negotiable
shares of nominal value and the
certificates. Capital holdings
total number of shares), classes
may be transferred outside
of shares and details of individual
the company only after they
initial capital contributions
have been offered through the
(whether in cash or kind).
management to other partners or
Sufficient proof that a minimum the company itself and they have
of 25% of the capital stock declined to purchase the offered
has been paid into a Peruvian interests. Further restrictions on
Financial Entity before the transfers may be set out in the
execution of the public deed bylaws.
of incorporations must also be
The partner’s general meeting
shown.
shall entrust the company’s
Limited Liability management to one or more
managers who are not required
Company to be partners in the S.R.L. or
Peruvian citizens. Decisions are
The Limited Liability Company determined by the majority of
or S.R.L. (Peruvian acronym for capital contributions.
Sociedad de Responsabilidad
Limitada) is subject to The main characteristics of the
registration procedures, reporting S.R.L. are:
and accounting requirements
• Limited liability. Partners are
similar to those for the S.A. The
not personally liable for the
minimum number of partners is
corporation’s liabilities.
two and the maximum 20, whose
liability is limited to their capital

Starting business in Peru 49


Peru's oil & gas investment guide 2018 - 2019

Closely Held
Corporation
Provisions applicable to the S.A
are applicable to the closely held
corporation subject to certain
specific provisions. A corporation
can be classified as closely held
if it does not have more than 20
shareholders and its shares are
not listed in the Stock Exchange.
The closely held corporation
has certain features found in
a limited-liability company (for
example, limited liability of
equity owners, absence of freely
transferable equity shares and
no requirement for a board of
directors).

Public Corporation
A corporation will be considered
“open stock” when either (i) it
has undertaken an initial public
offering (OPP) or stock market
launch to sell its stock to the
public; (ii) it has more than
750 shareholders; (iii) at least
35% of its shares are held by
at least 175 shareholders; (iv)
it is incorporated as an open
stock corporation; or (v) all
the shareholders with voting
rights agree unanimously to
subject the company to the
legal regime applicable to open
stock corporations. This form
of corporation is subject to the
Securities Market Act as well as
to certain specific regulation on
minority shareholders protection,
public disclosure, among others.

50 Starting business in Peru


03
Establishing
a branch Branches are another type apostille documents, among
of investment vehicle that others, have been submitted to
foreign investors can establish the Peruvian notary public.
for carrying out oil & gas
These documents include
exploration and production
copies of the parent company’s
activities. The branch does not
corporate charter and bylaws,
have legal independence or
minutes of the shareholders
legal personality distinct from
agreement to set up a branch in
its parent company, except for
Peru, certification of the branch’s
tax purposes. Therefore, the
address, assigned capital and
branch will be regulated by the
line of business, notifications of
parent company’s bylaws and
the appointment and powers of a
its activities must be within the
legal representative in Peru and
parent company’s corporate
a Peruvian consul’s certification
purpose.
that the parent company is duly
In the case of branches, the constituted in the country of
capital assigned by the parent origin and entitled to set up a
company does not have any branch in a foreign country. All
limitation, but it shall be these documents must be duly
deposited or wire transferred in apostilled.
a Peruvian financial institution.
However there is no obligation
to credit the transfer for registry
purposes. The parent company Procedures for
remains fully liable for the
obligations assumed by the
organizing a
branch. branch in Peru
The branch operates through its
legal permanent representatives
are similar to
with sufficient powers. the procedures
Procedures for organizing a
branch in Peru are similar to
applicable to
the procedures applicable for organizing
organizing corporations or
limited liability companies. It corporations or
takes between two to three
weeks to register a branch once
limited liability
the necessary documents, such companies.
as the certificate of existence
of the parent company and the

Starting business in Peru 51


Peru's oil & gas investment guide 2018 - 2019

04
Associative
agreements Associative agreements are investment provided these
another type of investment vehicle contracts grant foreign investors
that allow different companies a participation in the production
(and individuals) to jointly capacity, which does not qualify
participate and integrate into as a capital contribution. Also,
certain businesses or enterprises these investment vehicles should
for reaching a common purpose. correspond to contractual
This type of investment vehicle is commercial transactions through
very common in the hydrocarbon which a foreign investor provides
sector because of the great risk goods or services, obtaining
involved in carrying out this type a participation in the physical
of activity. This makes sense due production, the global sales
to the large amount of investment amount or the net profits of
normally incurred in the the company that receives the
exploration and production phase. investment.
Unlike the other types of To carry out hydrocarbon
investment vehicles, an activities, each of the parties
associative agreement does not should be qualified as a contractor
create a corporation or legal entity by Perupetro. To have such
different from its associates. qualification, they should be
Indeed, even though they have a legally, technically, economically
common purpose in developing and financially qualified to
a business activity together; engage in obligations, regulations
associative agreements do not and investments required for
create legal entities, therefore, developing the hydrocarbon
each of the parties keep their activity. One of the parties must
legal personality and patrimonial be assigned as the operator
independence. responsible for conducting the
activities; however, all of the
There are three basic types of
parties will be jointly and severally
associative agreements that could
liable before Perupetro for the
be applied in Peru:
assumed contractual obligation.
a) partnership contracts, b)
consortiums; and c) joint ventures;
the latter not being regulated
in the Peruvian Corporations
Act. Resources assigned to
the aforementioned contracts
will be considered as foreign

52 Starting business in Peru


Starting business in Peru 53
Peru's oil & gas investment guide 2018 - 2019

Hydrocarbons in Peru

54 Hydrocarbons and energy in Peru


Peru's oil & gas investment guide 2018 - 2019

Peru is a country that is most projects, especially in the


known for its mining industry. southern regions.
This should be no surprise
On the other hand the
since mining has been a central
Government is working on the
activity of the territory’s
scope and applicable regulatory
economy since pre-hispanic
issues to implement an Energy
times. Most rankings place
Policy that may suit the future
Peru as one of the top mining
needs of the country.
investment destinations, and
one of the most prominent This comes along with the need
producers. to take measures to prevent
climate change consequences.
However, aside from being rich
Recently, in April of 2018,
in mineral resources, Peruvian
the Climate Change actions
territory has a privileged
Framework Law was approved
location that offers a myriad
by the Legislature. By means of
of possibilities to all sorts
this Law, Peru shows its promise
of investment. Indeed, the
to take planned actions in
Pacific Ocean and Humboldt
order to reduce its contaminant
Current make Peruvian fishing
emissions and become and eco-
industry one of the world’s
friendly country as a measure
most productive, Peru’s three
to prevent the consequences
geographic regions (coast,
of the climate change. Peru is
highlands, and jungle) fuel, its
the very first country to have
growing world-renowned cuisine
such legal regulations since the
industry, while its immense
signing of the Paris Agreement
Peruvian cultural heritage, crowned
by Machu Picchu, make Peru
on climate change issues.
territory has quite an attractive tourism Finally, it is important to note
destination. that Peru has great sources for
a privileged The oil & gas industry is part
the development of new kinds of
location that of Peru’s almost limitless
electricity power. In this regard
it is expected that, in the future,
investment options. The
offers a myriad northern regions hosted Latin
the industry of clean energy
will increase its participation
of possibilities America’s first oil drilling wells,
while Camisea’s natural gas
in the Peruvian Energy Matrix
by means of the utilization of
to all sorts of reservoirs changed the Peruvian
energy matrix forever. In fact
energy sources such as wind,
investment. the Camisea project and their
biomass, water and solar.
surroundings assure the supply
to even more gas-to-power

Hydrocarbons and energy in Peru 55


Hydrocarbons in Peru

3 Secc A | Oil & gas

56
Peru's oil & gas investment guide 2018 - 2019

National Energy gas will rise from 1900MMscfd to


2400MMscfd by 2025, making it
Programme 2014- necessary to develop a national
2025 pipeline system for its supply.
In order to achieve this goal,
On November 2014, the Ministry
minimum annual goals will be
of Energy and Mines presented
established, so that oil production
the National Energy Programme
can increase from the current
2014-2025. This document
43 Mbpd to 153 Mbpd by 2025.
forecasts the energy demand of
It is worth mentioning that the
the country until 2025. It also sets
optimization of the Talara and
down how this demand could be
La Pampilla refineries and the
satisfied through alternative and
biddings and direct negotiations
traditional energy sources.
on new Blocks will be crucial to
The provision set forth in the complete this task.
energy planning for the country
In that regard, during 2017 more
through 2025 expects an increase
than 3 offshore Blocks were
in the consumption of liquid
assigned to new investors via
hydrocarbons from 209,000
direct negotiations. However, it is
bpd to 285,000 bpd or, another
expected that during 2018 new
scenario, from 212,000 bpd
biddings will be launched on new
to 339,000 bpd, stressing the
Blocks around the country.
necessity of new infrastructure.
Therefore, the optimization To the extent that new exploration
projects of the Talara and La projects achieve commercially
Pampilla refineries will gain special viable exploitation operations,
importance in order to reach those and pipeline infrastructure
It is expected expectations, as well as onshore is developed to reduce

that during and offshore exploration and


exploitations projects
transportation costs, natural gas
and liquefied petroleum gas might
2018 new Another relevant topic regarding
increase their participation in the
final consumption of energy in
biddings will be demand of hydrocarbons is
that of the massification of
the country. Moreover, natural
gas projects could establish
launched on new natural gas, which is already
consolidating with the beginning
themselves as the cornerstone
Blocks around of operations of multiple gas
to developing new gas-to-power
projects, like those that are
distribution through pipelines
the country. concessions, and more biddings
already operating in southern
Lima and the Southern Power
on that matter. It is expected that
Node.
the national demand for natural

Hydrocarbons and energy in Peru 57


Peru's oil & gas investment guide 2018 - 2019

01
Importance
of Peru’s
oil & gas
The oil & gas sector in Peru has to restructure the company
gone through a transformation, implementing a privatization

sector
from an industry in decline process, ceasing Petroperu’s
to a major contributor to the downstream operations, and
economic growth in Peru. assigning Perupetro (newly
created governmental agency)
Historically, Peru became an
the commercial faculties to
importer in the late1980s and
negotiate and subscribe license
early 1990s. The combination
and service contracts with
of a state-dominated turn in
investors (see more detail about
Peru’s energy sector in the
Petroperu in page 74).
1960s (political interference
such as policies that changed As a result, Peru’s oil & gas sector
from government to government, became more competitive. From
refusal by various governments 1990 to 1997, investment in the
to grant new contracts, and sector increased from $20 million
fixed petroleum prices) and a to $4.3 billion. Areas under
lack of significant discoveries operation hiked from 1 million to
over the years, set Peru on a 23 million hectares in the same
path of dwindling reserves. The period. Prices were set by the
implementation of such policies market, not by the State.
caused a decline in private
This growth increased
investment.
significantly in 2004- 2005, when
Under these circumstances, the major discoveries of natural
the military regime decided to gas reserves near the Camisea
expropriate the International River in the Amazon began
Petroleum Company and created producing (which now is known
a state-owned oil company named as the “Camisea Project”)*.
Petroperu, which controlled From that moment on, Peru has
the sector for approximately entered into a takeoff stage,
25 years. Nevertheless, their explained not only by the Camisea
management did not result in discovery and the geology of
an improvement of the sector the country’s potential, but also
as revenues, and reserves and by the economic and political
production started declining. For stability that it has achieved
this reason, the government in during the last years. This
force through the 90’s decided situation boosted the oil & gas

58 Hydrocarbons and energy in Peru


Hydrocarbon Investment
(2005-2017 exploration and exploitation phase in millions of US$)

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017*

Exploration 96.40 136.30 251.00 539.10 539.10 747.06 476.90 785.080 438.04 501.70 299.40 46.95 17.07

Exploitation 254.90 551.90 855.00 610.80 610.80 576.50 884.00 731.102 812.49 688.01 382.87 287.65 469.79

Total 351.30 688.20 1,106.00 1,149.90 1,149.90 1,323.90 1,360.90 1,516.18 1,250.53 1,189.77 682.28 334.60 486.86

*The numbers shown for year 2017 include investments performed from January to December 2017.
Source: Perupetro

sector, as well as the oil & gas Oil exploration and exploitation
discoveries in several locations investments evolution (1995-2017)
of the country. The rising
investment in Peru during the last
years reflects such growth. 1,500
747
Due to smarter energy
1,200
management, Peru began to
diversify its energy use, reduce
its dependence on imports, and 900
MM US$

position itself as an exporter of 383


liquefied natural gas (LNG). Still,
600 577
challenges remain, particularly
as exploration and development 469
254 287
activities begin to recover from a 300 299
context of low prices. 110 113 97
37 12 47 17
0
2016

2017
1995

2000

2005

2010

2015

Exploration Exploitation

(*) The Camisea Project was discovered Sources: Perupetro


in 1989

Hydrocarbons and energy in Peru 59


Peru's oil & gas investment guide 2018 - 2019

Estimated investment Midstream projects are still some operations in November 2017,
by sector percentage of the most promising projects which could also lead to the
nowadays. While TGP finished development of other industries
(2018-2019)*
the third expansion of Camisea’s in the northern and southern
pipeline, thus allowing higher regions. It should be added that
Sector 2018 - 2019
supply for consumption and several other concessions await to
Mining 36.6% exports, the Southern Peruvian begin operations or be awarded by
Infrastructure 22.4% Pipeline concession might have the Government.
Oil & gas 11.1% a new international bidding as
In 2012, Peru ranked 98th out of
Electricity 5.3% soon as the Goverment finds
147 countries in a survey done
Industry 4.2% the best way to transfer assets
by Fraser Institute, which focused
Other sectors 20.4% of the project to the winner
on the attractiveness for global
Total: 100.00% of the new bidding. The new
oil & gas investment. In 2014, it
Southern Peruvian Pipeline will
*Estimated as of March, 2018 ranked 79th out of 156 countries;
raise particular interest due to
Sources: BCRP in 2015, 89th out of 126; and
raising natural gas demand in the
in 2016 it ranked 64th out of 96
southern regions of the country.
countries. In that regard, Peru
Moreover, due to its importance
achieved its best position ever in
to the production of northeastern
According to Peru’s Central Bank, 2017, when it ranked 58th out of
jungle Blocks, Petroperu (National
12.0% of the investments to be 97 countries.
Oil Company) has recently
made in 2018-2019 will be related announced its intention of joining In order to capitalize such
to oil & gas activities. These new with a private company in order achievement, the government
investments are expected to to work on the extension of the and Congress are currently
exceed those achieved in 2016 by Northern Peruvian Pipeline, a working on making amendments
5.0%. project of approximately USD 1 to the Hydrocarbons Law, in
Some of the investments that billion. order to establish the appropriate
are going to take place in incentives, especially in royalties,
Downstream activities have also
2017 correspond to ongoing social, environmental, and
renewed the interests of investors
projects that may lead to new infrastructure matters to promote
and the government. Indeed, the
opportunities. investment in the sector.
Talara and La Pampilla Refineries’
In relation to upstream projects, Modernization Projects continue
the most important investments their development aiming
are focused in the northern and towards complying with the legal
southeastern regions. The first dispositions to supply cleaner
ones show promising results in fuels to consumers, as well as
offshore blocks, while the latter refining heavy oil more efficiently.
ones are taking advantage of That is just a glimpse of how much
the infrastructure developed for downstream projects have drawn
the Camisea Project (gathering attention lately, as there are two
systems, infrastructure, among distribution concessions of natural
other facilities). gas by virtual pipelines that began

60 Hydrocarbons and energy in Peru


2017 Resource Governance Index
Resource Value Revenue Enabling
Rank Country Composite
Measured Realization Management Enviroment
1 Norway Oil & gas 86 77 84 97
2 Chile Mining 81 74 81 90
3 Canada (Alberta) Oil & gas 75 69 59 97
4 United States ( Gulf of México) Oil & gas 74 66 63 93
5 Brazil Oil & gas 71 62 78 72
6 Colombia Oil & gas 71 59 85 67
7 Australia (Western Australia) Mining 71 65 51 96
8 India Oil & gas 70 75 66 69
9 Trinidad and Tobago Oil & gas 64 64 57 71
10 Peru Mining 62 68 57 62
11 Mexico Oil & gas 61 64 54 65

Source: Natural Resource Governance Institute

Global Petroleum Survey 2017


Ranking of countries made according to the scope of investment barriers (based on the composite index score
of Fraser Institute).

2013 2014 2015 2016 2017


Countries
Argentina - Mendoza 150 108 103 74 56
Argentina - Neuquen 142 99 91 59 45
Argentina – Santa Cruz 143 140 107 86 71
Bolivia 145 153 117 93 96
Brazil – Onshore CC 154 87 66 82 41
Brazil – Offshore CC 114 69 47 65 53
Brazil – Offshore presalt arena 113 102 68 81 65
Colombia 31 59 60 53 47
Ecuador 74 155 121 89 93
Mexico 87 126 82 68 77
Peru 115 79 89 64 58
Venezuela 157 156 125 96 97
Notes: • CC: Concession Contract • PSC: Profit Sharing Contracts

Source: Fraser Institute

Hydrocarbons and energy in Peru 61


Peru's oil & gas investment guide 2018 - 2019

Oil and liquid hydrocarbons average audited production* (2007-2017)


190,000
180,000
170,000
160,000
150,000
Barrels per day

140,000 141,326
130,000 134,341
120,000
110,000
100,000
90,000
80,000
2010 2011 2012 2013 2014 2015 2016 2017 2018
Monthly average Annual average
*Includes petroleum and natural gas liquids.
Source: Ministry of Energy and Mines Ministry of Energy and Mines

Oil & gas canon revenues


The oil & gas canon is a portion of the generated income obtained by the Government for the oil & gas
exploitation. The beneficiaries of such revenues are the Local and Regional Governments, among other
public entities located in the area exploited. The following chart shows the amount of revenues obtained
and destined to oil & gas canon since 2003.
1,6

1,4
US$ thousands of millions

1,2

1,0

0.8

0.6

0.4

0.2

0
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
Source: Perupetro

62 Hydrocarbons and energy in Peru


Hydrocarbons and energy in Peru 63
Peru's oil & gas investment guide 2018 - 2019

Fiscal revenues (2007-2017 in billions of US$)


The oil & gas industry represents one of the main sources of fiscal revenues, and comes not only from the
activities carried out in the Camisea Project (Blocks 56 and 88), but also from the activities executed in other
blocks.

2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017*
License
791.03 1,132.01 859.12 1,319.57 1,998.33 1,894.75 1,932.66 1,608.19 728.98 627.39 792.06
contracts
Service
65.03 85.30 54.10 73.89 1.00 105.03 88.27 85.01 39.96 32.86 36.78
contracts
Total 856.03 1,217.31 913.22 1,393.46 1,999.33 1,999.78 2,020.93 1,693.21 768.94 660.25 828.84

*Estimated as of December 31, 2017


Source: Perupetro

Average natural gas audited production (2007-2017)

1,610
1,510
1321
1,410
1,310
1,210
1246
Thousand cubic feet per day

1,110
1,010
910
810
710
610
510
410
310
210
110
10
2010 2011 2012 2013 2014 2015 2016 2017 2018

Monthly average Annual average

Source: Ministry of
Energy and Mines

64 Hydrocarbons and energy in Peru


Transparency in oil the EITI report, so that citizens
can be aware and informed of
& gas activities how much their governments
EITI (Extractive Industries receive from the exploitation
Transparency Initiative), a of natural resources and also
global coalition of governments, where such funds are destined.
companies Peru joined EITI as a full
and civil society, is an member in 2005, given the
international organization that importance of oil & gas, and
is working together to improve mining activities in the national
openness and accountable income, and its meaningfulness
management of revenues from in the Latin American and
natural resources. global production. Thus,
Peru became the first Latin
By joining EITI, countries American country to join the
implement the EITI Standard initiative and show meaningful
to ensure full disclosure of progress towards meeting the
taxes and other payments 2016 EITI Standard, ensuring
made by oil, gas and mining transparency and stability of
companies to governments, the rules related to the incomes
which are disclosed annually in from extractive industries.

Hydrocarbons and energy in Peru 65


Peru's oil & gas investment guide 2018 - 2019

02
Hydrocarbon
production
and exports
The investment and work involved The hydrocarbon investment for
in the sector contributed to years 2018- 2019 is estimated
the recovery and the positive at approximately US$4 billion
evolution of the hydrocarbon and the growth of the sector is
national production. An estimated to be 1.8% for 2018,
emblematic example of this after two difficult years marked
growth is the Camisea project. by low oil prices. This growth will
This project was not only rely on the investment portfolio
significant to the country, but and Peru’s geological potential,
it also contributed to putting which already has the attention
Peru on the map of natural gas of investors interested in offshore
producers. Blocks.

Estimated GDP Hydrocarbon growth until 2017

3
January-September -12.3

Year -11.5

-3.8

Year -5.1

-2.7

Year -2.4
0

-0.8*
-3
January-September
January-September

-6

-9

-12

-15
2015 2016 2017 2018*

*Estimated as of March, 2018


Source: BCRP

66 Hydrocarbons and energy in Peru


Hydrocarbons audited production (2007-2017)
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017*
Petroleum
28,146 28,027 25,927 26,531 25,387 23,984 22,956 25,296 21,173 14,773 15,900
(MBLS)
NGL (MBLS) 13,416 15,903 27,100 30,832 20,354 31,596 38,187 37,751 33,360 34,671 33,134
Natural Gas
96,206 122,230 125,300 255,609 401,169 418,795 430,559 456,407 441,244 494,930 457,050
(MMCF)

* Estimated as of December, 2017.


NGL: Natural Gas Liquids
Source: Perupetro

Natural gas audited production by oil well (2017)

Accumulated
Block %
(MCF)*
• Northern area - 15,924 3.48

• Aguaytía 31 - C 1,584 0.35

• Pluspetrol 88 232,768 50.93

• Pluspetrol 56 151,765 33.21

• Repsol 57 55,007 12.04


Total 457,048 100.00

31-C
57

50.93% 3.48%
88 -

33.21% 0.35%
56 31-C

12.04%
57
56 88

*MFC: Thousands Cubic Feet


Source: Perupetro

Hydrocarbons and energy in Peru 67


Peru's oil & gas investment guide 2018 - 2019

O&G Projects in the • Exploration activities in


off-shore Blocks Z-61, Z-62,
in three off-shore Blocks, while
additional investment will be
mid and long-term and Z-63 by Anadarko; and made in Block Z-38, and other
off-shore Blocks Z-64, Z-65, offshore Blocks such as Z-64,
Now that the scenario of
Z-66, Z-67, and Z-68 under Z-65, Z-66, Z-67 and Z-68.
low international oil prices
negotiation.
during 2014 and 2015 seems These off-shore projects are the
past, Peru is recovering its • Natural gas distribution product of direct negotiations
attractiveness as an investment through pipelines concessions. with Perupetro, which agreed to a
destination in every segment minimum royalty rate of 5%.
The projects stated above focus
of the hydrocarbons sector,
in upstream activities on some of Notwithstanding the upcoming
especially upstream. Certainly,
Peru’s most promising Blocks. off-shore projects, midstream
the stabilization of oil prices
projects await better conditions to
around US$50, and the news of Indeed, after successfully finding
re-launch biddings.
upcoming changes in legislation reserves that represent almost
have boosted projects in the mid 25% of those in Camisea, CNPC In that regard, not only will
and long-term, especially those will invest more than US$ 4,000 the Southern Peruvian Gas
related to offshore Blocks near million in the exploration and Pipeline be the most important
the northern coast. exploitations of Block 58, which hydrocarbons’ infrastructure
is contiguous to Camisea’s Blocks project awaiting new investors,
Hence, hereby we provide an
(56 and 88). but also Petroperu (NOC) will
outlook of investments related
start looking for a partner in
to upstream, midstream, and It is possible that, like what
order to expand the Northern
downstream phases, to be carried happened with Repsol and CNPC’s
Peruvian Pipeline. Together,
out in the mid and long-term. Block 57, Block 58 will likely take
both projects have estimated
advantage of the already existing
Main investment projects investments of around US$ 5
facilities in Camisea.
billion.
The total private capital
Even though Blocks nearby
investment projects expected It is also worth mentioning
Camisea do seem attractive due
for 2018 is worth approximately that downstream activities
to their potential (besides those
US$18,369 million. Almost 12% are gaining momentum due to
located in the northwestern
of that amount will focus directly new environmental regulations
Regions, historically known for
in the oil & gas sector, considering regarding fuels and efforts to
their oil production), in 2017
the development of the following hasten a shift in the energy
off-shore projects have caught
projects: matrix.
investors’ attention.
• Exploration activities on Indeed, the biggest refineries
In that regard, companies such
Block 58, carried out by in the country (La Pampilla,
as Tullow Oil and Anadarko have
China National Petroleum owned by Repsol; and Talara,
completed negotiations to acquire
Corporation. owned by Petroperu – NOC), are
several License Contracts on off-
both undergoing modernization
• Exploration activities on Block shore Blocks.
projects in order to produce
Z-38, headed by Karoon Gas
For example, Anadarko will invest cleaner fuels and refine heavier
Natural.
more than a US$ 100 million oil.

68 Hydrocarbons and energy in Peru


On the other hand, Government’s While Fenosa will distribute natural
efforts to materialize the gas in the southern regions of
massification of natural gas the country (cities of Arequipa,
among Peruvian population Mollendo, Ilo, and Tacna), Quavii
continue. Certainly, while will do so in the northern regions
Calidda’s and Contugas’ networks (cities of Chimbote, Trujillo,
and connections keep growing, Huaraz, Cajamarca, Chiclayo,
there are new distribution Lambayeque, and Pacasmayo).
concessions that began It is expected that both Fenosa
operations during the last quarter and Quavii will accomplish around
of 2017, and that will be the 116,000 connections during the
object of international biddings first 7 years of operations.
during 2018.
Fenosa’s and Quavii’s concessions
In that regard, we can mention will be complemented by the
Fenosa and Quavii, who were upcoming international bidding to
awarded with their distribution award the natural gas distribution
concessions in 2013, and concession for the central regions
received the first shipment of of the country (Apurimac,
liquefied natural gas delivered Ayacucho, Huancavelica, Junin,
from Pampa Melchorita via virtual Cusco, Puno, and Ucayali).
pipelines (cryogenic trucks) on Expected investment amount for
November 2017. this project is of US$ 350 million.

Hydrocarbons and energy in Peru 69


Peru's oil & gas investment guide 2018 - 2019

Southern Peruvian Gas Pipeline Project - Reference map

Malvinas
Plant
Stretch b
Bypass
point

Stretch c Stretch a1
Quillabamba’s Anta
Pipeline Reference Map Thermal Cuzco
Chiquintirca Plant Urcos
Construction will be made in three stretches
CUZCO
Abancay
Benefited regions APURIMAC

Future connections
Stretch a2

PUNO

Where will natural gas be used?


AREQUIPA
Puno

1. Influence Area
Mollendo’s, Ilo’s and Arequipa
Quillabamba’s thermal plants The pipeline will benefit
and other thermal plant that Apurimac, Puno, Arequipa, MOQUEGUA
may choose to use natural gas Cuzco, Moquegua and
Tacna regions. Several Mollendo’s
Thermal Moquegua
branches and other
2. infrastructure will be built Plant
Vehicles working with vehicle from the pipeline in order TACNA
Ilo’s
natural gas (VNG) to supply those regions Thermal
with gas. Tacna
Plant
3. These two plants are part
Industry (factories) of the Power Node
awarded by ProInversion
in November, 2013
4.
Residences

Jungle and
Elevation path m.a.s.l. Jungle
mountain
Highlands Coast
5,000
4,000
Bypass
3,000 point
Malvinas
2,000 Plant
1,000
0

Stretch b Stretch a1 Stretch a2

Source: Ministry of Transport and Communications

70 Hydrocarbons and energy in Peru


03
Diversifying
the energy
matrix:
The development of natural on petrochemical, fertilizer and
gas and condensates from the other projects.

Natural gas
Camisea project have created
a new strategic option for the Camisea Project
energy sector in Peru.
Camisea’s estimated hydrocarbon
Such development has reserves are around 13 million
contributed to increase the cubic feet of natural gas and
reserves and hydrocarbon 660 million liquid barrels. It is
production and, therefore, the estimated that these reserves
supply and demand patterns of will reduce the cost of electricity
such an energetic matrix. and national fuel by the time they
commercialize.
Before the arrival of natural
gas, the energy matrix of Peru Natural gas: the fuel of the
depended on liquid fuels – future
primarily imported diesel, coal,
wood, and other traditional Camisea has contributed greatly
energetics. Nowadays, the to Peru’s development by
consumption of liquid fuels providing a steady and increasing
has been reduced, in order flow of a clean energy source.
to introduce different energy However, Camisea’s gas is far
sources, such as LPG (Liquefied from just being a hydrocarbon
Petroleum Gas) and VNG (Vehicle used directly in the industrial
Natural Gas). In the future, Peru and housing sectors, as well as
intends to generate a matrix for exports: arguably, its biggest
based not only on petroleum, but contribution is the provision of
equally on renewable energy and the necessary raw material to
natural gas. generate electricity.

The global trend, in terms of Camisea’s gas impact on


fuel oil is to replace oil with savings in power generation are
other sources that are cleaner estimated to be around US$22.4
and cheaper. So by the time billion during its first 10 years
Camisea’s potential is fully (the project began operating in
developed (Blocks 57, 58, among 2004). Without a doubt, it has
others), Peru will be energetically dramatically changed Peru’s
integrated into all corners. The energy matrix, and because of
development of this industry this, it has paved the way for
will trigger the possibility of some of the most ambitious
progressing in the domestic energy and infrastructure projects
and foreign markets, which will for the mid-term.
contribute to a future advance

Hydrocarbons and energy in Peru 71


Peru's oil & gas investment guide 2018 - 2019

Thermoelectric plants it is one of the most important Piura might also benefit from the
projects energy sources of the country. supply of liquefied natural gas
coming from Pampa Melchorita’s
Due to the development of The Camisea zone is located
plant (very much like Fenosa and
the Camisea project, and the approximately 500 kilometers to
Quavii) in 2018, while the central
increasing availability of natural the southeast of the city of Lima,
regions of the country await
gas through the pipeline that the capital of Peru, on the eastern
ProInversion’s bidding in the short
connects such fields to the slopes of the Andes in the region
term. As can be noted, natural
coast, many projects regarding of Cusco. It is located in the Bajo
gas is on its way to becoming
thermoelectric power plants have Urubamba valley, one of the areas
the standard energy source for
started operating in recent years. with the most natural biological
Peruvian society.
diversity in the world.
Certainly, the gas pipeline has
allowed thermoelectric power The major part of the reserves
plants to be constructed and are located in two main gas
operated some kilometers to fields, San Martín and Cashiriari,
the south of Lima, in Chilca. located in opposite banks of the
Fenix Power, Engie, Kallpa, Camisea River. Blocks 88 and 56
and Termochilca operate are known as the Blocks of the
thermoelectric power plants Camisea project.
in Chilca, generating around
Three main actors are involved
16,000,000 MWh of a great total
in the management of the
of 48,587,388 MWh generated in
natural gas industry in the
the country during 2016. Some
Camisea project, at different
of the aforementioned companies
stages. The production stage
have currently developed
was granted by the government
extensions of their power plants
to the Consortium integrated
in Chilca.
by Pluspetrol (operator) - Hunt
Oil - SK Innovation - Repsol
Nonetheless, the southern
power node has already Exploración Perú - Sonatrach In the future,
received investments to develop
thermoelectric power plants.
Peru Corporation - Tecpetrol. The
transportation and distribution
Peru intends to
Engie is running some of those stages have been granted to
Transportadora de Gas del Perú
generate a matrix
plants, and some other investors
might find it attractive for new S.A and to Gas Natural de Lima y based not only
projects in the node and its
surroundings, especially when the
Callao S.A (Calidda), respectively.
on petroleum,
Camisea’s gas is also currently
southern Peruvian pipeline starts
operating.
available in Ica, as well as some but equally on
Camisea’s deposits are large
southern and northern regions
of the country, through the
renewable energy
enough to satisfy the actual distribution concessions awarded
to Contugas, Fenosa and Quavii.
and natural gas.
energy needs of the country for
more than a decade. This is why In that regard, the region of

72 Hydrocarbons and energy in Peru


Natural gas demand forecast (2012-2033)

2,500.0

CAGR ('20-'33): 2.5%

2,000.0

CAGR ('12-'20): 5.1%

1,500.0
MMCFD

1,000.0

500.0
2012

2013

2014

2015

2016

2017

2018

2019

2020

2021

2022

2023

2024

2025

2026

2027

2028

2029

2030

2031

2032

2033
0.0

LNG Possible Future LNG Electricity - North NGV - North


Other Users - North Electricity - North Other Users - North

Sources: Wood Mackenzie’s analysis / COES

Hydrocarbons and energy in Peru 73


Peru's oil & gas investment guide 2018 - 2019

04
Growth
potential Peru has 18 sedimentary basins Regarding the other 15 basins
with hydrocarbon exploration whose potential have not been
potential. However, only three explored in detail, we have the
of them have been exploited, Santiago and Huallaga basins,
which shows that an important where abundant crude samples
part of the national territory with have been found, inferring the
hydrocarbon potential has not existence of active oil systems.
been explored yet, especially in We also have the Madre de Dios
the jungle and in the coast. basin, where preliminary studies
confirm the presence of gas
According to Perupetro, Peru is
deposits.
one of the few countries in the
world whose territory is relatively A case that may bring attention
underdeveloped, which means is the Titicaca basin, which
that it has an almost intact produced light oil in very
hydrocarbon potential. antique fields at the beginning
of the 20th century. In the
Ten basins are located in the
case of natural gas, in 2014
continental zone of Peru (in the
the Chinese company CNPC
coast and in the south and north
acquired Petrobras’ assets in the
jungle), and the rest are located
country, therefore comprising
offshore.
an investment of US$1.4 billion
The basins located in Talara, in exploration activities in block
Marañon and Ucayali are the 58, near Camisea fields. It was
best known. Further studies have estimated at up to 8 trillion cubic
been conducted at these basins, feet of natural gas. Recently,
especially in the Talara basin, that they announced that Block
has been explored and has had 58 exploratory efforts were
production fields since the 19th successful, granting almost 4 TCF
century. On the other hand, the in reserves.
Marañon basin (northern jungle)
already has production oil wells Petroperu (National
and new structures have been
discovered, but still this basin is
Oil Company)
only partially exploited. Even though Petroperu, a state-
owned company of private law,
In the same sense, even though
initially was not actively involved
the Ucayali basin (northern and
in exploration and exploitation
central) has not been explored
of hydrocarbon activities, which
yet, in the south zone are the
occurred as a consequence of
Camisea fields, which are the
the privatization process during
principal natural gas deposits of
the 90’s; nowadays it is re-
Peru.

74 Hydrocarbons and energy in Peru


assuming its participation in the this project make the Peruvian In the same Legislative Decree,
hydrocarbon production scenario. northern region more dynamic, Petroperu has been authorized
allowing refining of heavy oil to participate as a partner and
In 2006, Peruvian Congress
from Jungle’s Blocks, but it also also as an operator (if agreed)
passed Law No. 28840, which
assures the total nationwide in the exploration and the
allowed Petroperu to return
supply through Petroperu’s fuel exploitation of hydrocarbon
to participate in all stages of
distribution grid. activities according to the terms
hydrocarbon activities, especially
and conditions included in the
in exploration and production. Petroperu’s reorganization correspondent contract. For these
Thus, it could be a competitor in and its participation in purposes, the only condition that
every activity of the industry. social projects it must fulfill is not making any
The first step into reinserting On December 31, 2016, by disbursement while developing
Petroperu into upstream activities means of Legislative Decree No. exploration activities. It is worth
was taken in October 2014, 1292, the government declared mentioning that due to the said
when Petroperu associated with the necessity to modernize and Legislative Decree No. 1292,
a private company planning reorganize Petroperu. Petroperu is now authorized
on exploring and producing to organize and carry social
For this purpose, it authorized responsibility activities through
hydrocarbons in Block 64. The
Petroperu to modify totally or the Regime called Construction
acquisition of 25% interest in
partially its internal structure in work for Taxes, according to Law
Block 64’s License Contract
order to improve the efficiency No. 29230.
might be complemented with the
of its operation, increase its
acquisition of significant interest
operational capacity and to
in Block 192’s License Contract
in the short term. Block 192 was
modify its services to reach
an adequate standard of
Oil & gas
the highest producing block in the
country during the last decade,
performance, considering
the necessity to protect the
companies must
and could be an ideal opportunity
for Petroperu in its return to
environment and the nearby fulfill all the
upstream operations.
communities.
requirements
Also, Petroperu has been
Aside from Petroperu’s return
to upstream activities, it should
authorized to contract third needed to develop
be mentioned that in 2016
parties by means of joint
venture, services contracts, exploration
the aforementioned NOC was
authorized by Congress to adopt
among other forms, regarding
the management and operation
and production
all the necessary measures to
assure the correct engineering,
of its current projects and activities under a
the future ones. By this, the
procurement and construction
of the new assets that will let
government has noted that license or service
Talara’s Refinery to be able to
despite the authorizations given
to Petroperu, it is still a public
contract.
produce LPG, oils and 50 ppm
entity.
sulfur diesel. Not only does

Hydrocarbons and energy in Peru 75


Peru's oil & gas investment guide 2018 - 2019

Oil reserves (2005-2016)


11,000,000
10,000,000
9,000,000
Thousands of barrels

8,000,000
7,000,000 Proven
6,000,000
5,000,000 Probable
4,000,000
Possible
3,000,000
2,000,000
Resources*
1,000,000
0
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

* Includes contingent and prospective resources. Data updated up to December, 2016.


The resources come principally from a reclasification of possible reserves to resources as of 2009
Source: Ministry of Energy and Mines

Natural gas reserves (2005-2016)


Thousands of millions of cubic feet

120,000

100,000

80,000 Proven

60,000 Probable

40,000 Possible

20,000 Resources*

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

* Includes contingent and prospective resources. Data updated up to December, 2016.


The resources come principally from a reclasification of possible reserves to resources as of 2009
Source: Ministry of Energy and Mine

Natural gas liquids reserves (2005-2016)


6,000,000

5,000,000
Thousands of barrels

4,000,000
Proven
3,000,000 Probable
2,000,000 Possible

1,000,000 Resources*

0
2005 2006 2007 2008 2009(*) 2010 2011 2012 2013 2014 2015 2016

* Includes contingent and prospective resources. Data updated up to December, 2016.


The resources come principally from a reclasification of possible reserves to resources as of 2009
Source: Ministry of Energy and Mines

76 Hydrocarbons and energy in Peru


Peru’s blockmanp

Miscellaneous matters 77
Peru's oil & gas investment guide 2018 - 2019

1 Hydrocarbons and energy in Peru


Peru’s 2D seismic map

Miscellaneous matters 79
Peru's oil & gas investment guide 2018 - 2019

3 Hydrocarbons and energy in Peru


Peru's oil & gas investment guide 2018 - 2019

Exploitation and exploration contracts (2017)

Subscribed Inforce Investment (US$millions)*

• Exploitation 0 26 467.79

• Exploration - 20 17.07

Total 0 46 486.86

* Investment made up to December, 2017

• Exploitation contracts
Zone Operator Block Basin subscription date Lot area / ha Effective work area / ha

Pacific Stratus Energy 192 Marañon 30-Aug-15 512,347.241 2,037.00

North Pluspetrol Norte 8 Marañon 20-May-94 182,348.210 541.00


Rainforest Geopark Peru S.A. 64 Marañon 07-Dec-95 761,501.001 66.00

Perenco 67 Marañon 13-Dec-95 101,931.686 378.00

Maple 31B y 31D Ucayali 30-Mar-94 71,050.000 154.00

Central Aguaytia 31-C Ucayali 30-Mar-94 16,630.000 18.00


Rainforest Maple 31-E Ucayali 06-Mar-01 10,418.934 9.00

Cepsa 131 Ucayali 21-Nov-07 480,985.304 90.00

Pluspetrol 56 Ucayali 07-Set-04 58,500.000 64.00

South Pluspetrol 88 Ucayali 09-Dec-00 82,803.521 129.00


Rainforest Repsol 57 Ucayali 27-Jan-04 287,102.800 12.00

CNPC 58 Ucayali 09-Set-05 340,133.717 65.00


GMP I Talara 27-Dec-91 6,943.250 339.00

Petrolera Monterrico II Talara 05-Jan-96 7,691.420 136.00

Graña y Montero III Talara 31-Mar-15 35,799.305 227.00


Petrolera IV Talara 31-Mar-15 29,521.990 181.00

GMP V Talara 08-Oct-93 9,026.032 42.00

North-West SAPET VI/VII Talara 22-Oct-93 32,434.113 2,513.00

UNIPETRO ABC IX Talara 16-Jun-15 2,754.133 52.00

CNPC X Talara 20-May-94 46,952.342 2,252.00

Olympic XIII Sechura 30-May-96 263,357.845 29.00

Petrolera Monterrico XV Talara 26-May-98 9,999.772 10.00

Petrolera Moneterrico XX Talara 19-Jan-06 6,124.207 131.00

Savia Z-2B Talara 16-Nov-93 130,315.659 318.00

Tumbes,
Continental BPZ Z-1 30-Nov-01 178,961.384 30,077.00
Talara
Shelf
Talara,
Savia Z-6 20-Mar-02 528,116.614 15,552.00
Sechura

Hydrocarbons and energy in Peru 81


Peru's oil & gas investment guide 2018 - 2019

• Exploration contracts (continues)

Zone Operator Block Basin susbcription date Lot area / ha Effective work area / ha

Perenco Peru
39 Marañon 09-Sep-99 79,164.497 119.00
Limited

Gran Tierra
95 Marañon 07-Apr-05 345,281.667 7,509.00
Energy

Pacific Stratus
116 Santiago 12-Dec-06 658,879.677 128.00
Energy
North
Rainforest Gran Tierra
123 Marañon 29-Sep-05 940,421.092 171.00
Energy

Gran Tierra
129 Marañon 11-Apr-05 472,433.684 90.00
Energy

Andean
Exploration 145 Bagua 16-Apr-09 500,000.004 80.00
Peru S.A.C.

Compañia
Consultora de 100 Ucayali 26-Mar-04 7,700.000 40.00
Petroleo

Marañon,
Central Talisman 103 09-Aug-04 870,896.168 120.00
Huallaga
Rainforest
Petrolifera
107 Ucayali 01-Sep-05 252,232.329 114.00
Petroleum Peru

Petrolifera Huallaga,
133 16-Apr-09 309,309.197 47.00
Petroleum Peru Ucayali

South
Pluspetrol 108 ENE 13-Dec-05 869,105.835 36.00
Rainforest

Gold Oil Peru XXI Sechura 04-May-06 240,755.063 44.00

Upland oil & Talara,


XXII 21-Nov-07 369,043.817 66.00
gas Sechura

North-West Upland oil &


XXIII Talara 21-Nov-07 93,198.956 543.00
gas

Petro Bayovar XXVII Sechura 16-Apr-09 49,821.139 144.00

Ricoil S.A. XXIX Lancones 18-Set-15 303,802.343 000.00

KEI Peru Z-38 Tumbes, Talara 12-Apr-17 487.545.511 112,555.00

Continental Anadarko Z-61 Trujillo 09-Oct-17 680,519.430 170.00


Shelf Anadarko Z-62 Trujillo 09-Oct-17 656,356.153 154.00

Anadarko Z-63 Trujillo 09-Oct-17 548,049.976 129.00

82 Hydrocarbons and energy in Peru


2D and 3D seismic

• Registered 2D seismic, (2007-2017)


11,019.4

12,000
7,405.0

6,426.6
10,000
5,966.9

5,070.2

8,000
Km

2,503.2

6,000
1,332.9

1,150.7
4,000

2,035.9

109.0
2,000

0.0
0
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017*

• Registered 3D seismic, (2007-2017)


4,313.0

5,000
4,500
3,018.0

4,000
2,694.1

3,500
2,497.2

2,392.5

3,000
2,040.1
Km

2,500
1,425.9

2,000

1,500
483.9

1,000
500
0.0

0.0

0.0

0
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017*

*As of December, 2017


Source: Perupetro

Hydrocarbons and energy in Peru 83


Peru's oil & gas investment guide 2018 - 2019

2D and 3D seismic

Development drilling (2003-2017)

225
200
175
Number of wells

150
125
100
75
50
25
0
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017*

Northwest 16 25 59 65 165 170 128 185 197 177 55 70 76 42 136

Plinth 0 2 3 3 3 6 7 22 23 19 20 23 3 0 0

Jungle 10 7 7 10 9 9 12 7 7 1 10 8 2 2 1

Total 26 34 69 78 177 185 147 214 227 197 85 101 81 44 137

Exploratory drilling (2003-2017)

10
8
Number of wells

6
4
2
0
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017*

Northwest 2 3 0 3 2 1 0 3 3 0 0 11 0 0 0

Plinth 0 1 2 1 3 4 3 1 7 2 2 0 0 0 0

Jungle 1 1 3 4 4 2 9 5 5 7 5 1 4 0 2

Total 3 5 5 8 9 7 12 9 15 9 7 12 4 0 2

*As of December, 2017


Source: Perupetro

84 Hydrocarbons and energy in Peru


Hydrocarbons and energy in Peru 85
Hydrocarbons in Peru

3 Secc B | Gas to Power


and other energy
sources

86
Peru's oil & gas investment guide 2018 - 2019

01
Importance
of the energy
sector
Evolution of the electrical market

Tarija Hydroelectric Construction of Charcani I Callahuanca Inauguration of Chilina Law 13979 –


Plant starts Santa Rosa Thermal Hydroelectric Plant Hydroelectric Plant Thermal Central National Electric
operating Central (0.05MW) construction starts operating Law No. 12378 – Law of Services Law
First 60KV high tension the Electric Industry
transmission line:
Barbablanca – Lima

1884 1895 1905 1938 1956 1962


1886 1903 1907 1952 1958 1965
First 220KV transmission
Lima Downtown Construction of Lima-Chosica 33KV First 138KV tr Cañon del Pato line: Huinco – Lima
Main Square is Chosica transmission line transmission line: Hydroelectric Plant Machupicchu
illuminated for the Hydroelectric Plant starts operating Carhuamayo – La (260.6MW) starts Hydroelectric Plant
first time (2.98MW) Construction of Oroya operating (40MW) starts operating
Yanacoto Hydroelectric Huinca Hydroelectric Plant
Plant starts operating

No legal regulation Ministry of Development


for the sector supervises the sector

The Mantaro First electric The Interconnected Inauguration of the Carhuaquero The interconnected
Hydrolectric Plant interconnection between System of third phase of the Hydroelectric system of ETECEN
starts to be built Lima and Mantaro North-Center Peru Mantaro System (75MW) and ETESUR starts
Inauguration of Aricota Mantaro Hydroelectric (SICN) is formed Hydroelectric Plant starts operating operating
1 Hydroelectric Plant Plant starts operating

1966 1973 1981 1984 1990 1994


1972 1979 1982 1989 1992 1996
Law 19521: the Inauguration of the Law No. 23406: Charcani V Law No. 25844: Law 26734: Law
Electric Sector is second phase of General Electricity Hydroelectric Central Electric Concessions that creates
nationalized the Mantaro Law (136.8MW) starts Law OSINERGMIN
Hydroelectric Plant operating (current regulator
Interconnect System entity)
of Southern Peru

Ministry of Energy ond Mines


supervises the sector

Legislative Decree Legislative Decree No 1224:


No. 1002: Promotion of Framework for the
Supreme Decree No. The Camisea Project the development of Operation of first solar development of Public-Private
020-1997-EM: starts operating renewable energy plant Reparticion Solar Associations Legislative
Technical regulation for Law 29970: Law that Law No. 29852: Decree No. 1221:
the quality of electric strengthens the energetic Energetic Social Enhancement of the regulation
services security Inclusion Fund of energy distribution

1997 2004 2008 2012 2015


2000 2006 2011 2014 2016
The Mantaro – Socabaya Law No. 28832: Law for Combined gas cycle Inauguration of first South Energetic Node
(220KV) transmission the efficient development Kallpa Thermal Central wind farm: Marcona
line starts operating of electricity generation starts operating
Natinal Interconnected Law No. 28749: Rural First 500KV
Electric System (SEIN) electrification Law transmission line: Chilca
– La Planicie - Zapallal

OSINERGMIN supervises
the sector

Source: OSINERGMIN

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The Peruvian electricity history Years later, the non-military political crisis, and the low scope
demonstrates that since the first Government of Fernando of the electricity services and
time electricity was introduced Belaunde Terry entered into infrastructure.
in Peru - around 1886 - it has force. During his regime, in 1982,
In this regard, as the economic
dramatically changed to reach the the Electricity General Law No.
and customs framework had to
development level that this sector 23406 was enacted. Through
be modernized, other sectors
has nowadays. this Law, the electricity public
included modifications to its
service remained in services of the
Prior to year 1970, the electricity current regimes in order to
National Electricity Corporation,
sector was developed by a private guarantee better investment
this is, ElectroPeru, but through its
corporate cluster called “Empresas conditions and to promote
regional affiliates.
Eléctricas Asociadas” who corporative competitiveness.
operated the public lightning and Under this new scheme, ten Under this new context, many
the public trolley service in Lima. regional affiliates were created national corporations were
Up to this time, such services in order to distribute electricity, privatized. This was enforced by
were supervised by the Ministry of aiming to cover the supply means of Legislative Decrees No.
Development. needs in the Peruvian territory. 662 and No. 674.
Electroperu was the main
In 1970, the electricity sector As a result, the electric sector was
corporation, considered as the
regulation changed radically as reformed during the 90s. At this
holding corporation and the one
the military government of the time, the sector was oriented to
in charge of the hydroelectrical
Peruvian president Juan Velazco enhance the supply of electricity
power plant of Mantaro, Cañón del
Alvarado entered into force, and through an open market to
Pato, Carhuaquero and Carhua,
was continued by the military international commerce. Under
and also of the north-center
government of the Peruvian this new context, Law No. 25844,
transmission grids that were not
president Francisco Morales Law of Electrical Concessions was
assigned to the regional affiliates.
Bermudez. enacted in order to attract new
Despite the efforts made to private investment to activities
In such years, the Government
enhance the regulation of the that were not successfully being
managed to nationalize the
electricity sector, in 1990, only assured for the rendering of
electrical industry through Law
45% of the Peruvian population electrical services and to end the
No. 19521 and created the
had access to electricity. In that monopoly that covered the sector.
National Electricity Corporation
moment, the electricity supply
– Electroperu. As of this, In this regard, Law No. 25844
only covered 74% of the demand,
Electroperu took all the electricity stated the conditions in which new
and the distribution losses were
sector chain activities (generation, agents could participate in the
equivalent to almost 20% of the
transmission and distribution), Electrical Sector in each activity
electricity.
becoming the new owner of the of the electrical sector chain
total assets that were previously Later, in 1991, the Government (generation, transmission and
used and operated by the cluster of Alberto Fujimori initiated the distribution). The main principles
called “Empresas Eléctricas restructuring of the regulatory to be applied in the sector were
Asociadas”, but now under the framework of the electricity the free entrance and the open
name Electrolima S.A. sector due to the big social and access, considering pricing

88 Hydrocarbons and energy in Peru


freedom for the generation and Avoidance of Monopolies and Regarding the specific case of
commercialization activities, and Oligopolies in the electrical Sector rural electrification, according to
regulated prices for transmission was published. Law No. 28749 – Law of Rural
and distribution activities. Electrification, an important issue
Currently, according to the
to address is the development of
In connection to the National Fund for the Finance
systems in isolated and borderline
abovementioned, years later, of the Corporate Activity of the
locations in which the lack of
in 1996 and 1997 specific Peruvian Government (FONAFE),
electricity makes impossible the
regulatory Laws for the the Government still has
development of activities. That’s
sector were enacted. In 1996, participation in Companies who
the reason why the participation
Law No.26734 created the develop activities in the electricity
of the Government in the electrical
Supervisory Body of Private sector. However, its participation in
sector is focused outside the
Investment in Energy and Mines this sector is very limited (sixteen
capital. Only in this case is it
(OSINERGMIN), the regulator corporations located outside the
imperative that the Government
entity of the sector to which the capital) in comparison with the
assumes a subsidiary role as
Ministry of Promotion functions in initial years of the sector, as the
investor because executing energy
electrical matter were transferred; following chart shows:
projects in these areas is highly
and, in 1997, the Law for the
expensive.

Generation activities Distribution activities


Nowadays, the private
participation in the electrical
• Empresa de Generacion Electrica • Electro Puno S.A.A. market is growing more. Many
Machupicchu S.A legal dispositions have been
• Electrosur S.A.
• Empresa de Generacion Electrica de enacted to enhance the conditions
Arequipa S.A. • Electro Sur Este S.A.A. for the development of the sector
• Empresa de Generacion Electrica del • Electro Ucayali S.A. considering the new global trends
Sur S.A. • Empresa de Administracion de
and the needs of the Peruvian
• Empresa de Generacion Electrica San Infraestructura Electrica S.A. population. Considering this, the
Gaban S.A. • Empresa de Administracion de
Government is focusing on the
• Electroperu S.A Infraestructura Electrica S.A. introduction of incentives for
attracting investment in clean
• Sociedad Electrica de Arequipa
energies infrastructure in order
• Electro Oriente S.A. to increase the offer of energy all
• Electrocentro S.A. around the Peruvian territory.
• Electronoroeste S.A.
• Electronorte S.A.
• Hidrandina S.A.

Source: National Fund for the Finance of the Corporate Activity of the Peruvian Gov-
ernment – FONAFE / EY

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Investments in the • Mantaro Nueva Yanango grid,


held by Interconexión Eléctrica
index shows that Peru is the
28th most attractive country for
electrical market S.A. investments in energy in relation
to a ranking of 47 countries.
According to Peru’s Central • Intipampa, held by Engie
Bank, 6.8% of the investment to Energia Peru S.A.
be made in 2018-2019 will be
• Wayra 11, held by Grupo Enel.
related to energy activities. As
of December 31, 2017 there Another useful indicator that
were already 21 announced show our attractiveness for
projects worth USD1, 257 million investments in the energy sector
approximately. is the Renewable Energy Country
Attractiveness Index (RECAI)
The projects to be developed
developed by EY on the basis
or continuing to be developed
of the evaluation of factors that
consist of the construction of
drive market attractiveness in a
generation and transmission grids
world where renewable energy
all along the Peruvian territory.
has gone beyond decarbonization
The main projects that have been
and reliance on subsidies. This
announced are:

As of October, 2017

Technology indices scores (out of 100)


Overall Previous Country RECAI Onshore Offshore Solar PV Solar Blomass Geother- Small Marine
Rank Rank Score wind wind CSP mall hydro
1 1 China 67.4 51.3 57.0 55.1 40.5 44.4 23.2 41.2 35.5

2 2 India 61.9 49.2 19.0 52.6 38.2 45.3 29.4 39.8 25.5

3 3 United States 61.8 49.8 51.6 46.1 37.6 41.8 43.9 36.0 32.8

4 4 Germany 60.7 45.0 55.3 44.8 16.9 44.4 36.8 29.1 19.5

5 5 Australia 60.5 45.9 32.9 50.2 38.4 34.8 24.9 33.8 33.3

6 8 France 57.2 43.5 39.0 44.4 22.6 45.5 31.8 27.5 37.7

7 7 Japan 56.7 41.3 45.4 43.7 18.0 47.9 45.7 30.4 25.2

8 6 Chile 56.1 43.2 20.2 45.6 35.7 37.7 41.2 36.8 29.0

9 9 Mexico 55.8 42.6 19.5 48.8 25.1 43.4 43.3 30.6 21.6

10 10 United Kingdom 54.6 42.8 57.3 36.6 13.3 46.2 25.7 26.8 38.7

11 12 Argentina 54.1 44.3 20.8 45.4 32.5 37.3 32.3 34.1 19.8

12 11 Canada 53.5 44.6 28.8 41.0 18.5 37.9 20.5 41.7 42.5

13 14 Morocco 53.3 41.2 17.1 45.3 38.4 6.6 13.6 16.9 13.6

90 Hydrocarbons and energy in Peru


Technology indices scores (out of 100)
Overall Previous Country RECAI Onshore Offshore Solar PV Solar Blomass Geother- Small Marine
Rank Rank Score wind wind CSP mall hydro
14 13 Denmark 53.2 43.5 47.3 35.3 17.2 44.2 16.6 18.9 25.6

15 16 Netherlands 52.5 41.6 45.6 36.2 14.2 36.0 25.2 24.1 16.3

16 17 Turkey 52.2 43.4 18.9 42.1 24.6 35.9 40.1 38.3 16.4

17 15 Brazil 52.0 44.2 22.8 43.5 21.5 49.3 14.9 42.9 17.8

18 18 Italy 50.5 39.5 31.3 37.2 30.5 45.6 37.4 39.9 19.6

10 27 Egypt 50.5 42.1 14.1 45.7 39.0 12.8 11.6 14.8 11.6

20 22 Portugal 50.3 34.9 32.0 30.8 25.7 36.9 23.7 30.5 26.7

21 23 Philippines 50.2 39.1 15.6 42.1 18.1 42.9 42.0 39.6 26.3

22 24 Belgium 50.1 40.9 43.6 33.3 13.8 41.0 19.8 22.8 14.2

23 19 South Africa 49.8 39.7 17.8 42.5 37.1 32.8 13.9 29.0 22.9

24 21 Jordan 49.6 37.9 13.6 42.6 29.3 20.9 13.1 16.6 13.1

25 20 Sweden 49.1 42.2 32.2 32.0 14.0 40.0 20.1 35.0 28.7

26 26 Pakistan 48.9 39.2 12.8 42.9 21.4 20.3 18.5 34.5 16.8

27 29 Spain 40.8 39.5 21.9 36.9 24.9 37.4 17.8 26.2 23.1

28 28 Peru 48.5 37.0 14.5 40.2 23.0 32.9 23.6 36.2 18.4

29 33 South Korea 48.2 28.2 29.7 39.9 18.5 32.1 18.9 26.2 39.1

30 25 Israel 48.0 30.9 13.7 43.2 31.7 21.2 14.1 21.6 17.7

31 40 Ireland 47.6 41.8 26.7 31.9 13.6 31.5 22.6 25.1 29.1

32 30 Finland 47.5 43.8 41.2 24.3 14.5 48.1 16.9 27.8 14.5

33 32 Greece 47.4 37.4 24.1 37.1 28.7 18.8 22.3 25.5 12.8

34 31 Thailand 47.1 34.9 15.0 38.6 21.7 40.4 16.1 27.3 17.6

3S 36 Uruguay 46.1 39.0 16.6 36.1 17.6 34.9 14.2 23.5 18.2

36 - Vietnam 45.7 36.8 20.8 36.5 16.7 38.9 16.7 34.4 17.1

37 35 Kenya 45.7 37.3 13.7 38.9 21.6 27.1 45.9 30.5 11.7

38 - Algeria 45.6 33.5 14.2 42.8 32.9 17.3 11.2 17.7 11.2

39 39 Dominican 45.5 34.6 14.1 37.6 19.0 20.0 14.4 31.6 12.8
Republic

40 37 Kazakhstan 45.4 36.4 12.7 38.8 16.6 13.4 12.2 25.6 12.2

Source: EY

The results are quite encouraging considering that it was not until 2008 that the promotion of a regulatory
policy on renewable energies began in Peru.

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Government take in the electrical market


Fiscal revenues of the Electricity Sector
The Electricity Sector generates an important amount of fiscal revenues regarding the general applicable
taxes to all corporations (Income Tax and Value Added Tax), despite of the special rules applicable to the
sector for promoting the investments. The following chart shows the revenues obtained by the Tax Authority
for Electricity Generation in the recent years, and the percentage that represents in relation to the total fiscal
revenues of a year.

Fiscal revenues 2006 - 2017 (in millions of Soles)


2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

Income Tax 397 541 680 691 706 701 949 1,039 1,113 1,281 1,339 1,191
VAT 658.7 659.4 688.2 753.9 711.1 795.3 964.1 947.1 1016.2 1217.2 1273.6 1421.4

1,056 1,201 1,368 1,445 1,417 1,497 1,914 1,986 2,129 2,498 2,613 2,612

Source: SUNAT/EY

Level of participation in the total fiscal revenues 2006 - 2017 (in percentage)
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

Income Tax 4.0% 4.1% 4.6% 6.5% 4.8% 3.6% 4.6% 5.3% 6.0% 7.6% 8.1% 7.7%
VAT 5.5% 4.9% 4.4% 4.4% 3.6% 3.6% 3.9% 3.5% 3.5% 4.0% 4.1% 4.4%

Source: SUNAT/EY

Special contributions
OSINERGMIN Contribution
This contribution is applicable 2014 (S/) 2015 (S/) 2016 (S/) 2017 (S/)
to generation, transmission and OSINERGMIN
distribution concessionaries of the Contribution paid by
89’394,684 102’650,080 121’522,316 121’951,581
corporations
electricity sector, and it should be of the electricity sector
paid to the Supervisory Body of
Total OSINERGMIN
Private Investment in Energy and Contribution
Mines (OSINERGMIN). The rate (Mining, hydrocarbons 339’614,764 307’408,959 331’412,821 368’314,166
and electricity
of this contribution is 0.52 % for companies)
2017, 0.51% for 2018 and 0.50%
for 2019, applied on their monthly Source: OSINERGMIN
billing after deducting VAT.

92 Hydrocarbons and energy in Peru


OEFA Contribution
This contribution is applicable 2014 (S/) 2015 (S/) 2016 (S/) 2017 (S/)
to generation, transmission and
OEFA Contribution
distribution concessionaries of the paid by
17’686,596 22’376,732 24’789,071 25’518,251
electricity sector, and it should be corporations of the
electricity sector
paid to the Enviromental Audit and
Evaluation Agency (OEFA). The Total OEFA
109’605,747 118’661,293 133’041,398 142’090,247
Contribution
rate of this contribution for years
2017-2019 is 0.11 % applied Source: Integrated System of Financial Management – SIAF
on their monthly billing after
deducting VAT.

Hydroenergetic Canon revenue


The Hydroenergetic Canon is a are the Local and Regional The following chart shows the
portion of the income earned by Governments, and this kind of amount of revenues obtained
the Government for the payments canon is equivalent to 50% of by Hydroenergetic Canon that is
made by corporations regarding the Corporate Income Tax paid distributed to Local and Regional
the utilization of hydric resources by corporations that are holders Governments:
in electricity generation activities. of concessions in which hydric
The beneficiaries of this Canon resources are used.

2014 (S/) 2015 (S/) 2016 (S/) 2017* (S/)

Transfers to Regional
50’513,894 54’435,507 51’075,503 33’802,592
Governments

Transfers to Local
151’541,684 163’302,496 153’208,597 101,429,714
Governments

*As of September, 2017.


Source: Consultation of transfers to the National, Regional and Local Goverments - MEF

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02
Energy
production
Energy supply
and exports With the development of has become one of the main
economy, energy needs have issues when elaborating National
increased. As this relationship Policies on the economy and
between the development of social issues.
economy and the use of energy is
a direct one, through the years, Currently, energy offered by
the Government has put effort corporations in the energy
into trying to connect every business can be classified
area of Peru to a stable source according to the following:
of energy. In this sense, energy

Hydrocarbon
Non-renewable
sources
Coal

Hidroelectric energy
Conventional (over 20MW), thermoelectric
energies energy (coal and diesel)
Renewable
sources
Non-conventional Wind power, solar energy,
energies biomass, hidroelectric energy
(less than 20MW)

94 Hydrocarbons and energy in Peru


Production estructure (2017)

In the recent years, a new 0.5%


global trend in clean energy
has emerged, which makes 20.0% 65.7% Natural Gas
and NGL
possible the increase in
electrical generation based in Petroleum
renewable sources. However, it
is still not the most important Renewable Energy
source of energy in the Peruvian (Hydroelectric, biofuels,
production of the electrical 13.8% wind, solar, geothermic,
biomass, etc.)
market. The production of
energy using these new kind of Carbon
energies is expected to increase
in the following years as our
Source: SNMPE
energy matrix will tend to
become a diversified one.
According to the report
developed by the National
Annual production of electrical generation power stations
Society of Mining, Petroleum of COES (GWh), accumulated to december 2017
and Energy (SNMPE) and the
Economic Operation Committee Variation
Plants 2017 2016
of the National Interconnected Energy %
System (COES), the energy Hydroelectric 26 739.54 22 155.88 4 583.66 20.69%
produced during 2017 was Thermoelectric 19 774.81 23 883.16 -4 108.35 -17,20%
mostly based on hydric sources, Renewable 2 478.90 2 287.37 191.53 8,37%
being followed by energy Total 48 993.25 48 326.42 666.83 1,38%
produced by gas (thermoelectric
energy). Just a little energy has
been being produced on wind Source: COES
and solar plants (renewable
sources).

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Despite that fact, we must point out that the promotion of investment
in the energy sector has been established as a national priority in
the past years and corporations have introduced new technologies
for efficient processes, and as a result the generation of energy has
increased year by year.
As an example of this, in 2012, the energy produced in Peru reached
37’617,577.57MWh, while five years later, in 2017, the energy
produced was about 49’570,266.34MWh.

2012 2013 2014 2015 2016 2017

MWh 37’617,578 39’916,920 42’050,519 44’786,562 48’587,388 49’570,266

Source: COES/EY

Electricity demand
The demand of the electricity their supplier, which can be Investment in Energy and Mines
sector is split in three groups: the a distributor or a generation (OSINERGMIN) is the entity
Interconnected Electrical National corporation of the SEIN. responsible for setting the prices
System (SEIN), the Isolated for these kind of users.
On the other hand, the regulated
Systems, and self-producers.
users group consists of users who The energy demanded by all
Between these demanding
are subject to pre-established users always increases month by
groups, two classes of consumers
prices (i.e. bar prices) with no month. The demand in the prior
are identified: free users and
negotiation capacity when months that were registered by
regulated users.
contracting with energy suppliers. the COES are the following:
Free users are the electricity The Supervisory Body of Private
users who are not subject to
pricing regulations in regards
to the electricity and power Minimum demand Average demand Maximum demand
(Mw) (Mw) (Mw)
that they use. This category
of users has a sub-category of February 2018 4 782,692 6 617,315 6 576,968
“great users”, which consists January 2018 5 093,406 6 576,545 6 489,035
of the users that have signed
December 2017 4 717,506 6 413,413 6 462,403
contracts to obtain power of
10MW or more. This class of November 2017 5 042,870 6 333,720 6 425,457
users have negotiation capacity October 2017 4 497,970 6 147,494 6 341,241
in order to set prices along with
Source: COES/EY

96 Hydrocarbons and energy in Peru


15000 • According to other specialists
of the sector, the sudden
suspension of new big projects
12000
due to the economic slowdown
and political factors create
9000 bottlenecks in the country
between investments in energy
6000 projected for big demands,
and the growth not realized in
3000 energy demand that remained
at a similar level. New big
projects would increase the
0
energy demand.
2011 2012 2013 2014 2015 2016 2017
• Others argue as an important
Maximum demand Installed capacity issue regarding the Peruvian
demand of energy, the
Source: COES/EY
presence of clandestine
users. Such kind of users
does not allow for a reliable
measurement of the energy
demand as they cannot be
Nevertheless, regarding the • The large amount of projects observed in plain sight by
users’ needs, it is said that of energy generation that have regulators.
the Peruvian market has an been awarded in the past, now
“oversupply of energy” because under operation, as cause of Moreover, for experts as Edwin
a gap between installed capacity the generated electricity that Quintanilla – former Vice Minister
and consumption is reported. This has no way out into the market of Energy and Mines of Peru-,
means that the energy reserve as its amount exceeds the this “oversupply of energy” is
margin has gone from 30% during capacity of transmission grids. logical and common in systems
2011 to almost 50% in 2015, of electrical generation, as there
• Electricity generation is always an additional reserve
reaching more than 50% in 2017.
companies pointed out that (to face a drought, an incident in
However, it is important to there are lots of energy the gas pipeline, maintenance or
bear in mind that some experts generators operating in the failure of a power plant, among
of the industry attribute this market, so the need to sale others), since the supply must
“oversupply of energy” to the produced energy leads be continuous and sustained.
external factors of the Peruvian to a price war. Because of Therefore, the expert explains
electric market, not connected this, prices offered –most that there is always a reservation
with the real necessity of energy of the time- get so low that on numbers that the Ministry
in the country. To this regard, they become unsustainable of Energy and Mines (MINEM)
some of the reasons given to for the costs structure of the estimates.
explain this “oversupply of generators, distorting the
energy” are the following: natural energy market. Countries of the South American
Region such as Chile have

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reserves of almost 90% in its (via concessions) related to the lowest prices until covering
central interconnected system, generation, transmission and the energy quota. By the end of
Ecuador 50%, and Colombia 60%, distribution of energy. This entity 2017, the Supervisory Body of
which confirms that they are is also entitled to evaluate and Private Investment in Energy and
required reserves to address the award private initiative projects Mines (OSINERGMIN) had already
main risks. regarding the activities developed hosted four auctions.
in the electricity sector according
Thus, from the point of view of Regarding generation activities,
to the applicable laws.
this expert, the energy reserve up to 2017, 20 thermoelectric
margin is not an indicator of Grant of a MINEM plants, 32 hydroelectric plants,
“oversupply of energy” in an concession and 29 plants with renewable
economic and literal sense energy are operating in the
This entity (Ministry of Energy
because the country still has country. In addition, 34 total
and Mines - MINEM) is authorized
an energy need to be covered. definitive concessions were
to award definitive and temporal
External factors of the electrical granted (16 hydroelectric plants
concessions once the requests
market contribute to accumulated and 18 with renewable energy),
of the interested corporations
energy reserves that in the end and they are still in project phase.
are duly evaluated according
are a good problem because
to the requirements stated in On the other hand, up to February
energy reserve margins show
the Electric Concessions Law. 2018, Peruvian Goverment
the high growth market and its
This entity also develops the records 16 temporal concessions
externalities.
conditions and requirements to to carry out Feasibility Studies
Infrastructure of the be considered in the Supervisory
Body of Private Investment in
related to hydraulic plants (8),
wind farms (4), and solar plants
electric market Energy and Mines (OSINERGMIN) (2).
auctions for generation of
Many projects of energy
electricity based on renewable
generation and energy
energies.
transmission grids have been
developed in the last decade due Authorization through
to the guarantees and conditions OSINERGMIN auction
stated in legal dispositions.
This kind of concession award is
According to our legal framework, only applicable to generation of
the authorization to develop electricity based on renewable
energy related activities can energies in the terms of
be awarded by means of the Legislative Decree No. 1002.
following alternatives: The auction is on the energy
quota to be established by the
Award of a ProInversion Ministry of Energy and Mines
project (MINEM). For this purpose,
ProInversion (Peruvian interested corporations propose
investment agency in charge a determined amount of energy
of the promotion of business (MWh) and its associated price
opportunities) is authorized to (USD/MWh). The awards are given
award pre-designed projects to the corporations that proposed

98 Hydrocarbons and energy in Peru


The energy reserve margin
is not an indicator of
“oversupply of energy” in
an economic and literal
sense because the country
still has an energy need to
be covered.

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GENERATION ACTIVITIES DEVELOPED UNDER AUTHORIZATIONS


No. Plant Name Concession Holder Installed Capacity (MW) Location Investment Amount
(in millions of US$)
OPERATING PLANTS - THERMOELECTRIC PLANTS (GAS TO POWER)
1 C.T. C.C. KALLPA IV KALLPA GENERACION S.A. 873.9 LIMA 395
2 C.T. C.C. CHILCA 1 ENERSUR 862.2 LIMA 374
3 C.T. SANTO DOMINGO DE TERMOCHILCA S.A.C. 197.6 LIMA 128.5
LOS OLLEROS
4 C.T. LAGUNAS NORTE MINERA BARRICK MISQUICHILCA S.A. 12.78 LA LIBERTAD 640

5 C.T. TABLAZO SUDAMERICANA DE ENERGIA DE PIURA 30 PIURA 22.5


6 C.T. DE COGENERACION ILLAPU ENERGY S.A. 13.6 LIMA 14
HUACHIPA
7 C.T. RECKA SOCIEDAD MINERA CERRO VERDE S.A.A. 181.3 LAMBAYEQUE 102.53
8 C.T. PUERTO CALLAO APM TERMINALS CALLAO S.A. 0.875 LIMA 1.69
9 C.T. CHILCA 2 ENRESUR 75.4 (simple cycle) LIMA 140
112.8 (combined cycle)
10 C.T. MALACAS ENEL GENERACION PIURA 52.8 PIURA 55
11 C.T. IQUITOS NUEVA GENRENT DEL PERU S.A.C. 77.7 LORETO 108.7

Source: MINEM

GENERATION ACTIVITIES DEVELOPED UNDER CONCESSION AND COLD RESERVE CONTRACTS


No. Plant Name Concession Holder Installed Capacity (MW) Location Investment Amount
(in millions of US$)
OPERATING PLANTS - THERMOELECTRIC PLANTS (GAS TO POWER)
1 C.T. PLANTA ILO TERMOSUR 564 MOQUEGUA 220.4
2 C.T. MALACAS EEPSA 200 PIURA 106.4
3 C.T. CICLO COMBINADO FENIX POWER PERU 534.3 LIMA 857
CHILCA (FENIX)
4 C.T. PLANTA ETEN PLANTA DE RESERVA FRIA DE 240.5 LAMBAYEQUE 145
GENERACION ETEN S.A.
5 C.T. PUERTO BRAVO SAMAY I S.A. 720 AREQUIPA 390
6 C.T. PLANTA PUCALLPA INFRAESTRUCTURAS Y ENERGIAS DEL 45.63 UCAYALI 23.8
PERU S.A.C.
7 C.T. PUERTO MALDONADO INFRAESTRUCTURAS Y ENERGIAS DEL 20.08 MADRE DE DIOS 9.27
PERU S.A.C.
8 C.T. ILO 4 ENERSUR 3X236.67 MOQUEGUA 432.4
9 C.T. IQUITOS NUEVA GENRENT DEL PERU S.A.C. 77.7 LORETO 108.7

Source: MINEM

100 Hydrocarbons and energy in Peru


GENERATION ACTIVITIES UNDER DEFINITIVE CONCESSIONS
No. Plant Name Concession Holder Installed Capacity Location
(MW)
OPERATING PLANTS - HYDROELECTRIC PLANTS
1 CH ARICOTA I EGESUR S.A. 23.8 TACNA

2 CH ARICOTA II EGESUR S.A. 11.9 TACNA

3 CH CAHUA STATKRAFT PERU S.A. 39.6 LIMA AND ANCASH

4 CH CALLAHUANCA ENEL GENERACION PERU S.A.A. 80.7 LIMA

5 CH CAÑON DEL PATO ORAZUL ENERGY EGENOR 256.55 ANCASH

6 CH CARHUAQUERO ORAZUL ENERGY EGENOR 95.0 CAJAMARCA

7 CH CERRO DEL AGUILA CERRO DEL AGUILA S.A. 525.0 HUANCAVELICA

8 CH CURUMUY SINDICATO ENERGETICO S.A. - SINERSA (before: Guicon S.A.) 12.0 PIURA

9 CH CHAGLLA EMPRESA DE GENERACION HUALLAGA S.A. 456.0 HUANUCO

10 CH CHEVES STATKRAFT PERU S.A. (before: Empresa de Generacion Electrica 168.2 LIMA
Cheves S.A. EGECHEVES)

11 CH G1 EL PLATANAL COMPAÑIA ELECTRICA EL PLATANAL S.A. 220.0 LIMA


(before: Cementos Lima S.A.)

12 CH CHARCANI IV EGASA 14.4 AREQUIPA

13 CH CHARCANI V EGASA 135.0 AREQUIPA

14 CH CHIMAY CHINANGO S.A.C. 149.0 JUNIN

15 CH GALLITO CIEGO STATKRAFT PERU S.A. 34.0 CAJAMARCA


(before: Cementos Pacasmayo, Cahua S.A.)

16 CH HUANZA EMPRESA DE GENERACION HUANZA S.A. - EMGHUANZA 90.6 LIMA

17 CH HUAMPANI ENEL GENERACION PERU S.A.A. 31.36 LIMA

18 CH HUINCO ENEL GENERACION PERU S.A.A. 258.4 LIMA

19 CH MACHUPICCHU EGEM S.A. 91.4 CUSCO

20 CH MALPASO STATKRAFT PERU S.A. 54.4 JUNIN AND PASCO


(before: Centromin Peru S.A., Electroandes S.A.)

21 CH MANTARO (SANTIAGO ELECTROPERU S.A. 798.0 HUANCAVELICA,


ANTUNEZ DE MAYOLO) JUNIN AND PASCO

22 CH MARAÑON HIDROELECTRICA MARAÑON S.R.L. 18.4 HUANUCO

23 CH MATUCANA ENEL GENERACIO N PERU S.A.A. 120.0 LIMA

24 CH MOYOPAMPA ENEL GENERACION PERU S.A.A. 63.0 LIMA

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GENERATION ACTIVITIES UNDER DEFINITIVE CONCESSIONS


No. Plant Name Concession Holder Installed Capacity Location
(MW)
OPERATING PLANTS - HYDROELECTRIC PLANTS
25 CH PACHACHACA STATKRAFT PERU S.A. 12,0(3) JUNIN

26 CH RESTITUCION ELECTROPERU S.A. 210.4 HUANCAVELICA

27 CH SAN GABAN II EMPRESA DE GENERACION ELECTRICA SAN GABAN S.A. 110.0 PUNO

28 CH SANTA TERESA LUZ DEL SUR S.A.A. (before: EGEMSA) 98.1 CUSCO

29 CH YANANGO CHINANGO S.A.C. (before: Compañia Minera San Ignacio de 40.5 JUNIN
Morococha S.A.)

30 CH YAUPI STATKRAFT PERU S.A. 108.0 JUNIN AND PASCO

31 CH YUNCAN ENGIE ENERGIA PERU S.A. (before: EGECEN S.A., ENERSUR S.A.) 130.0 PASCO

32 CH QUITARACSA I ENGIE ENERGIA PERU S.A. (before: ENERSUR S.A.) 112.0 ANCASH

Source: MINEM

GENERATION ACTIVITIES UNDER DEFINITIVE CONCESSIONS


N° Plant Name Concession Holder Installed Capacity Location
(MW)
OPERATING PLANTS - WITH RENEWABLE ENERGETIC SOURCES (RER)
HYDROELECTRIC PLANTS
1 CH CAÑA BRAVA ORAZUL ENERGY EGENOR 5.7 CAJAMARCA

2 CH CARPAPATA III GENERACION ELECTRICA ATOCONGO S.A. 12.80 JUNIN

3 CH CHANCAY SINDICATO ENERGETICO 19.20 LIMA

4 CH HUANCHOR HIDROELECTRICA HUANCHOR S.A.C 16.2 LIMA

5 CH LA JOYA GENERADORA DE ENERGIA DEL PERU S.A. 9.6 AREQUIPA

6 CH RUCUY EMPRESA DE GENERACION ELECTRICA RIO BAÑOS S.A.C. 20.00 LIMA

7 CH SANTA CRUZ I HIDROELECTRICA SANTA CRUZ S.A.C. 5.90 ANCASH

8 CH SANTA CRUZ II HIDROELECTRICA SANTA CRUZ S.A.C. 6.0 ANCASH

9 CH QUANDA ADINELSA 2.76 CAJAMARCA

10 CH YANAPAMPA ELECTRICA YANAPAMPA S.A.C. 4.12 ANCASH

102 Hydrocarbons and energy in Peru


GENERATION ACTIVITIES UNDER DEFINITIVE CONCESSIONS
N° Plant Name Concession Holder Installed Capacity Location
(MW)
OPERATING PLANTS - WITH RENEWABLE ENERGETIC SOURCES (RER)
11 CH PIAS 1 CONSORCIO MINERO HORIZONTE S.A. (before: Aguas y Energia 12.6 LA LIBERTAD
Peru S.A.)

12 CH POECHOS I SINDICATO ENERGETICO S.A. - SINERSA 15.4 PIURA

13 CH POECHOS II SINDICATO ENERGETICO S.A. - SINERSA 10.0 PIURA

14 CH LAS PIZARRAS EMPRESA ELECTRICA RIO DOBLE S.A. (before: ABR Ingenieros 18.8 CAJAMARCA
S.A.C.)

15 CH RUNATULLO III EMPRESA DE GENERACION ELECTRICA DE JUNIN S.A.C. 20.0 JUNIN

16 CH RUNATULLO II EMPRESA DE GENERACION ELECTRICA DE JUNIN S.A.C. 19.1 JUNIN

17 CH POTRERO EMPRESA ELECTRICA AGUA AZUL S.A. 19.9 CAJAMARCA

BIOMASS THERMAL PLANTS


18 CTB PARAMONGA 1 AGRO INDUSTRIAL PARAMONGA S.A.A. 23 LIMA

19 CTB CAÑA BRAVA BIOENERGIA DEL CHIRA S.A. 12.0 PIURA

20 CTB MAPLE ETANOL AGROPECUARIA AURORA S.A.C. (before: Maple Etanol S.R.L.) 37.52 PIURA

SOLAR PLANTS
21 CS MAJES SOLAR 20T GTS MAJES S.A.C. 20.0 AREQUIPA

22 CS TACNA SOLAR 20TS TACNA SOLAR S.A.C. 20.0 TACNA

23 CS PANAMERICANA SOLAR PANAMERICANA SOLAR S.A.C. 20.0 MOQUEGUA


20 TS

24 CS REPARTICION SOLAR GTS REPARTICION S.A.C. 20.0 AREQUIPA


20T

25 CS MOQUEGUA FV MOQUEGUA FV S.A.C. 16.0 MOQUEGUA

WIND FARMS
26 CE PARQUE EOLICO PARQUE EOLICO MARCONA S.R.L. 32.0 ICA
MARCONA

27 CE TALARA ENERGIA EOLICA S.A. 30.0 PIURA

28 CE CUPISNIQUE ENERGIA EOLICA S.A. 80.0 LA LIBERTAD

29 CE PARQUE EOLICO TRES PARQUE EOLICO TRES HERMANAS S.A.C. 97.15 ICA
HERMANAS

Source: MINEM

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GENERATION ACTIVITIES UNDER DEFINITIVE CONCESSIONS (PROJECTS)


No. Plant Name Concession Holder Installed Capacity Location Investment Amount
(MW) (in millions of US$)

HYDROELECTRIC PLANT
1 CH TARUCANI TARUCANI GENERATING COMPANY SA 49.0 AREQUIPA 70.9
2 CH LA VIRGEN LA VIRGEN SAC 84.0 JUNIN 165.7

3 CH CENTAURO I Y III CORPORACION MINERA DEL PERU SA 12,5 (1st. phase) ANCASH 4.1
CORMIPESA 12,5 (2nd. phase)
4 CH TULUMAYO IV EGEJUNIN TULUMAYO - IV SAC 56.2 JUNIN 105.2
5 CH MOLLOCO GENERADORA ELECTRICA 302.1 AREQUIPA 619.7
MOLLOCO SAC - GEMSAC
6 CURIBAMBA ENEL GENERACION PERU SAC 192.0 JUNIN 577.38
7 OLMOS 1 SINDICATO ENERGETICO SA 51.0 LAMBAYEQUE 91.38
AND PIURA
8 CH CATIVEN I y II COMPAÑIA MINERA PODEROSA SA 29.0 LA LIBERTAD 68.6
9 CH PUCARA EMPRESA DE GENERACION HIDROELECTRICA DEL 130.0 CUZCO 149.8
CUZCO - EGECUSCO
10 CH VERACRUZ COMPAÑIA ENERGETICA VERACRUZ SAC 730.0 AMAZONAS AND 1 443,76
CAJAMARCA
11 SAN GABAN III HYDRO GLOBAL PERU SAC 205.8 PUNO 329.54
12 CH TULUMAYO V EGEJUNIN TULUMAYO - V SAC 83.2 JUNIN 158.1
13 CH BELO HORIZONTE COMPAÑIA ENERGETICA DEL CENTRO SAC 180.0 HUANUCO 679.8
14 CH CHADIN 2 AC ENERGIA SA 600.0 AMAZONAS AND 2 023,0
CAJAMARCA
15 CC.HH. TINGO I, II y III ENERGORET SAC 406.0 AMAZONAS 694.49
16 CH SANTA TERESA LUZ DEL SUR SAA (5) 40,4 CUSCO 104.53
(Power boost)

Source: MINEM

104 Hydrocarbons and energy in Peru


GENERATION ACTIVITIES UNDER DEFINITIVE CONCESSIONS (PROJECTS)
No. Plant Name Concession Holder Installed Capacity Location Investment Amount
(MW) (in millions of US$)

WITH RENEWABLE ENERGETIC SOURCES (RER)


HYDROELECTRIC PLANTS
1 CH ANGEL II GENERADORA DE ENERGIA DEL PERU S.A. 19.95 PUNO 24.24
2 CH ANGEL III GENERADORA DE ENERGIA DEL PERU S.A. 19.95 PUNO 27.22
3 CH ANGEL I GENERADORA DE ENERGIA DEL PERU S.A. 19.95 PUNO 25.6
4 CH SANTA LORENZA I EMPRESA DE GENERACION ELECTRICA SANTA 18.7 HUANUCO 38.7
LORENZA S.A.C.
5 CS INTIPAMPA ENGIE ENERGIA PERU S.A. 40 MOQUEGUA 57.5
6 CH 8 DE AGOSTO GENERACION ANDINA S.A.C. 19.00 HUANUCO 39.30
7 CH KARPA HIDROELECTRICA KARPA S.A.C. 20.00 HUANUCO 34.0
8 CH HER EDEGEL S.A.A. 0.7 LIMA 3.00
9 CH CARHUAC ANDEAN POWER S.A. 20.00 LIMA 29.88
10 CH ZAÑA ELECTRO ZAÑA S.A.C. 13.2 CAJAMARCA 22.6
11 CH PALLCA CARBON LATAM PERU S.A.C. 10.10 LIMA 23.52
(before: Andean Power S.A.)
12 CH MANTA PERUANA DE INVERSIONES EN ENERGIAS 18.44 ANCASH 18.40
RENOVABLES S.A.C.
13 CH MAMACOCHA CH MAMACOCHA S.R.L 20.00 AREQUIPA 58.82
(before: CH Laguna Azul)
14 CH COELVIHIDRO II CONSORCIO ELECTRICA DE VILLACURI S.A.C. 15.00 LIMA 17.68
15 CH COLA I HIDROELECTRICA COLA S.A. 10.40 LA LIBERTAD 9.8
AND ANCASH
WIND FARMS
16 CE WAYRA I ENEL GREEN POWER PERU S.A. 132.3 NAZCA 296.6
(before: Parque Nazca)
17 CE PARQUE EOLICO GR TARUCA S.A.C. 18.37 CAJAMARCA 32.1
DUNA
18 CE PARQUE EOLICO GR PAINO S.A.C. 18.37 CAJAMARCA 32.1
HUAMBOS

Source: MINEM

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TEMPORARY CONCESSIONS IN STUDY PHASE


No. Plant Name Concession Holder Installed Location Investment Amount
Capacity (MW)

HYDROELECTRIC PLANTS
1 CH VILCANOTA 4 EMPRESA DE GENERACION ELECTRICA SANTA 62,06 CUSCO US$150,000.00
MARIA SAC
2 CH CCOLLPANI EMPRESA DE GENERACION ELECTRICA 50 CUSCO US$150,000.00
CCOLLPANI SAC
3 CH PAUCARTAMBO OXAPAMPA ENERGIA SAC 63 PASCO AND US$250,000.00
JUNIN (no VAT included)
4 C.H. NUEVA GRANADA HIDROELECTRICA NUEVA GRANADA SAC 22 CUSCO USD256,000.00
(no VAT included)
5 CH ESPERANZA MONSPI PERU SAC 20 AYACUCHO S/68,000.00
(no VAT included)
6 CH CHIMU HIDROELECTRICA CHIMU SA 50 LA LIBERTAD S/266,090.00
(VAT included)
7 CH SAN GABAN I EMPRESA DE GENERACION ELECTRICA SAN 110 PUNO USD796,500.00
GABAN SA (VAT included)
8 CH AUKA LEVEL INGENIEROS SAC 20 AYACUCHO S/38,350.00
(VAT included)
WIND FARMS
9 CE TAMBORERO SOLAR INVESTMENT SAC 60.0 ANCASH US$35,000.00
(no VAT included)
10 C.E. PAMPA LOMITAS ENGIE ENERGIA PERU SA 150 ICA S/400,000.00
(VAT included)
11 C.E. PUNTA LOMITAS SUR ENGIE ENERGIA PERU SA 100 ICA S/400,000.00
(VAT included)
12 C.E. PUNTA LOMITAS ENGIE ENERGIA PERU SA 150 ICA S/400,000.00
NORTE (VAT included)
SOLAR PLANTS
13 CS HIPERION HIPERION SOLAR SAC 100 AREQUIPA US$22,525.00
(no VAT included)
14 CS MAJES II SW ENERGIAS LIMPIAS DEL SUR SA 80 AREQUIPA S/19,057.00
(VAT included)

Source: MINEM

106 Hydrocarbons and energy in Peru


Regarding transmission activities, up to 2017, 325 total definitive concessions were granted for gridlines
projects (298 in operation and 27 under construction).

TRANSMISSION ACTIVITIES UNDER DEFINITIVE CONCESSIONS (PROJECTS)


No. Transmission Line Name Concession Holder Location Tension Length Investment
(kV) (km) Amount
(millions of
USD)
1 S.E. TULUMAYO IV - T8 (220 KV S.E. EGEJUNIN TULUMAYO-IV S.A.C. JUNIN 220 8.147 3.1
RUNATULLO III - S.E. CONCEPCION)
2 S.E. POROMA - S.E. MINA JUSTA MARCOBRE S.A.C. ICA 220 14.16 18.78
3 LOS HEROES - PARQUE INDUSTRIAL ELECTROSUR S.A. TACNA 66 11.71 34.0
4 S.E. PLANICIE - S.E. INDUSTRIALES CONSORCIO TRANSMANTARO S.A. LIMA 220 12 60.8
220 5
5 LT SE 8 DE AGOSTO - SE TINGO MARIA SE EL GENERACION ANDINA S.A.C. HUANUCO 138 58,67 8.0
CARMEN - SE 8 DE AGOSTO CH 8 DE AGOSTO - 22,9 1,83
SE 8 DE AGOSTO- SEEE 8 DE AGOSTO AND EL 13,8 0,18
CARMEN
6 C.H. CHALHUAMAYO - SET SATIPO ELECTROCENTRO S.A. JUNIN 22.9 19.27 1.3
7 S.E. BELLA UNION - S.E. CHALA SOCIEDAD ELECTRICA DEL SUR AREQUIPA 60 75.87 64.0
OESTE S.A.- SEAL
8 SE H1 - SE CHANCHAMAYO EMPRESA DE GENERACION JUNIN 60 18.5 4.4
ELECTRICA SANTA ANA S.R.L.
9 S.E. CARHUAQUERO - S.E. CAJAMARCA CONCESIONARIA LINEA DE CAJAMARCA, 220 95,76 106.887
NORTE S.E. CAJAMARCA NORTE - S.E. CACLIC TRANSMISION CCNCM S.A.C. AMAZONAS AND 220 159,28
S.E. CACLIC - S.E. MOYOBAMBA NUEVA S.E. SAN MARTIN 220 110,17
MOYOBAMBA EXISTENTE - S.E. MOYOBAMBA 138 2,70
NUEVA
10 S.E. C.T. IQUITOS NUEVA - S.E. C.T. IQUITOS GENRENT DEL PERU S.A.C. LORETO 60 14.2 5.5
(ELOR)
11 S.E. COLCABAMBA - S.E. POROMA S.E. POROMA CONSORCIO TRANSMANTARO S.A. AYACUCHO, 500 360,00
- S.E. YARABAMBA S.E. YARABAMBA - S.E. HUANCAVELÍCA, 500 454,00
MONTALVO ENLACE S.E. MANTARO (CAMPO ICA, AREQUIPA 500 98,00
ARMIÑO) - S.E. COLCABAMBA ENLACE S.E. AND MOQUEGUA 220 2,70
YARABAMBA - S.E. SOCABAYA 220 3,60
12 S.E. ANDAHUASI - S.E. YARUCAYA HUAURA POWER GROUP S.A. LIMA 66 21.2 2.9
13 S.E. LA VIRGEN - S.E. CARIPA LA VIRGEN S.A.C. JUNIN 138 62.57 5.8
14 S.E. MOQUEGUA - S.E. INTIPAMPA S.E. ENGIE ENERGIA PERU S.A. (before: MOQUEGUA AND 138 10,76 4.3
INTIPAMPA - S.E. TOQUEPALA (MILL SITE) Energia del Sur) TACNA 138 27,96
15 SE ANGEL I - BOCATOMA GENERADORA DE ENERGIA DEL PUNO 13,8 2,1 6.2
SE ANGEL I - SE ANGEL II-SE ANGEL III - SE SAN PERU S.A. 138 8,8
GABAN II

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TRANSMISSION ACTIVITIES UNDER DEFINITIVE CONCESSIONS (PROJECTS)


No. Transmission Line Name Concession Holder Location Tension Length Investment
(kV) (km) Amount
(millions of
USD)
16 SE RUNATULLO III - SE TULUMAYO IV EGEJUNIN TULUMAYO-IV S.A.C. JUNIN 60 7.49 1.4
17 S.E. RUBI - S.E. MONTALVO ENEL GREEN POWER PERU S.A. MOQUEGUA 220 21.51 14.8
18 S.E. FLAMENCO - S.E. POROMA ENEL GREEN POWER PERU S.A. ICA 220 0.685 8.3
19 S.E. SURIRAY (MACHUPICCHU) - S.E. KAYRA ATN 3 S.A. ANCASH 220 153,81 135.45
(ONOCORA NUEVA) 220 109,98
S.E. KAYRA - S.E. ONOCORA 220 70,63
S.E. ONOCORA - S.E. TINTAYA NUEVA
20 S.E. MAMACOCHA - S.E. CHIPMO HIDROELECTRICA LAGUNA AZUL AREQUIPA 66 63.7 7.1
S.R.L.
21 SE TARUCANI - SE MAJES TARUCANI GENERATING COMPANY AREQUIPA 138 58.4 10.6
S.A.
22 C.H. ZAÑA - S.E. CAYALTI ELECTRO ZAÑA S.A.C. CAJAMARCA AND 60 50.3 4.0
LAMBAYEQUE
23 S.E. CAMANA - S.E. ALTO OCOÑA SOCIEDAD ELECTRICA DEL SUR AREQUIPA 138 48.8 11.8
OESTE S.A.
24 LT SE MANTA - SE LA PAMPA PERUANA DE INVERSIONES EN ANCASH 66 2.68 0.51
ENERGIAS RENOVABLES S.A.C.
25 SE MONTALVO - SE TIA MARIA ABENGOA PERU S.A. AREQUIPA AND 220 101.15 23.61
MOQUEGUA
26 S.E. TULUMAYO V - S.E. TULUMAYO IV EGEJUNIN TULUMAYO-V S.A.C. JUNIN 220 9.18 4.2
27 S.E. BELO HORIZONTE - S.E. TINGO MARIA COMPAÑIA ENERGETICA DEL HUANUCO 220 20.2 0.1
CENTRO S.A.C.

Source: MINEM

108 Hydrocarbons and energy in Peru


Regarding the projects that are to In 2002, CAN Decision No. 536 in force in the terms stated in
come, according to the December established the general rules for Decision 816 and its ruling.
2017 Report of the Central Bank the subregional interconnection
According to the current
of Peru, for the period 2018- of the electric systems of
provisional regime, the exchange
2019, the following projects are Colombia, Ecuador and Peru. This
of electricity between Peru
to be awarded in the electricity Decision stated the main rules
and Ecuador will be subject to
sector: for purposes of the exchange
surplus energy and power of the
of energy between the signing
• Reboost up to 1000 MVA of exporter country. By this, Peru
Countries.
the 500kV of the Carabayllo – and Ecuador compromise to
Chimbote – Trujillo grid. Later in 2009, the respect the agreements between
aforementioned Decision No. entities from both countries as
• Variable reactive compensator
536 was suspended by means they respect the correspondent
in San Juan sub-station.
of Decision No. 720. According internal regulations.
• New 500kV sub-station in La to Decision No. 757 published
Note that Peru has a simple link
Planicie. in 2011, Decision No. 536
grid between Zorritos (Peru) and
would remain suspended, but
• Chincha Nueva sub-station. Machala (Ecuador) so the electric
a provisional regime for the
interconnection is pretty basic,
• Nazca Nueva sub-station. exchange of energy between Peru
that’s why the amount of energy
and Ecuador would enter into
• 220kV Nueva Carhuaquero import and export between them
force.
sub-station. is not so high. In addition, the
Nowadays, Decision No. 536 electricity generators can not
Energy export is still suspended and the celebrate contracts directly with
provisional regime is still in force a foreign company or vice versa,
Regional interconnection is a until the new Andean Region it is the Interconnected Electrical
challenge for a growing market Electric Market (MAER) stated National System (SEIN) that
such as the Peruvian electricity in Decision No. 816 is ruled and exports and that is credited to the
market, trying to expand the has its ruling published in the Economic Operation Committee
disputable market to make it Cartagena Gazzette. Once this of the National Interconnected
more interesting and promote happens the MAERC will enter System (COES).
greater investment and greater
possibilities of choice for the
consumers. The generation of
significant margins of energy
reserves has led to a greater Electricity exchange between Peru - Ecuador (GWh),
interest in interconnection, to accumulated to december 2017
offer surplus energy in other
countries. Variation
Exchanges 2017 2016
Energy %
Peru has an agreement for
Import 16.60 22.40 -5.81 -25.92%
the exportation of energy with
Export 0.00 37.88 -37.88 100.00%
Ecuador under the scope of
some Decisions of the Andean
Community of Nations (CAN) Source: COES
since 2002.

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In relation to other countries of Chile. According to information


the South American Region, it is provided by the regulatory
important to mention that Peru entities of both countries, the
has a Binational Interconnection electric interconnection could
Agreement with Brazil signed in be operational during 2019, and
2010, but such interconnection the transmission line will extend
is expected to be a project to for 50 kilometers and will have a
be developed in the long term; transport capacity of about 200
and there are no expectations MW.
for a connection between the
This future interconnection
Colombia and Peru grids as they
would not be the end of the
are geographically far, and such
interconnection between Peru
connection will necessitate a big
and Chile. According to the
investment in infrastructure into
Ministry of Energy and Mines of
areas that are hard to get into.
Chile, if this project is successful
However, in June 2017 the and the market conditions are
Ministries of Energy and Mines favorable, they would extend
of Chile and Peru agreed to an the interconnection to a second
electric interconnection between project that is projected from the
both countries, through the Camisea area (south of Peru) to
construction of the Tacna-Arica Antofagasta (north of Chile). So
transmission line. The beginning Chile could export the renewable
of March 2018 is the planned energy produced in the northern
date to award the construction zone, but also buy cheap
of the power line linking electricity produced with natural
southern Peru and northern gas that is extracted in Camisea.

110 Hydrocarbons and energy in Peru


03
Renewable
energy
Energy Plan 2014-
sources
electricity generation awarded
in 2014 will be in abundance of
2025, COP and use, and that non-conventional
OECD renewable resources will increase
its participation in the national
The Technical Organism for energy matrix to 5%.
Strategic Planning of Peru
The expected change in our
(CEPLAN) developed the 2014 –
energy matrix follows the same
2025 National Energy Plan. This
orientation as what is happening
document describes the current
globally. Nowadays, countries are
situation in Peru regarding the
rushing to modify the structure
use of energy in Peru in the
of their energy matrix and make
recent years and details what
them dependent on renewable
should be expected in regards to
resources for economic, social
energy management matters in
and environmental reasons.
the short term future.
As an example of this, it is
Currently, Peru’s energy matrix is
known that many countries have
dominated by the use of natural
introduced national policies in
gas as the main resource for the
order to become 100% renewable
production of natural gas from
energy based countries. Along
Camisea Project is still one of the
this line, Denmark, as one of
biggest projects developed in the
the countries leading the way to
energy sector. Before natural gas
become a sustainable country,
became the main energy source,
aims to be 100% fossil fuel free
the energy matrix depended,
by 2050 through increasing the
basically, on liquid fuels and other
use of wind power and developing
hydrocarbons.
other clean energies.
According to the abovementioned
Other examples of how serious
energy plan, in the coming years
this trend is being taken by
it is expected that generation of
countries are:
energy will come, mainly, from
hydroelectricity and other non- • Almost 100% of the energy
conventional renewable sources. used by Iceland comes from
This change is already on its way geothermal and hydroelectric
as the Government is promoting power plants.
the use of new energy by means
of incentives stated in legal • Sweden has implemented
dispositions. policies in order to eliminate
fossil fuel usage.
Regarding the development of
renewable sources, it is worth • UK now generates more
saying that in years 2020 electricity from wind farms
and 2021, the 1,200Mw of than from coal power plants as

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they now use a combination of


grid-connected wind farms and
(COP), which is an annual
meeting on the framework of
Renewable energy
standalone turbines. the United Nations Framework policy
Convention on Climate Change
• Uruguay has heavily invested Regulation in Peru of renewable
(UNFCCC). This meeting serves
in wind and solar power in energies is still limited. In
to assess progress in dealing with
recent years. As a result of this, year 2000, the first specific
climate change, and negotiate
Uruguay now has an energy Law on an energy issue - this
the Kyoto Protocol to establish
supply that is 95% powered by is, Law No. 27345 – Law for
legally binding obligations for
renewable sources. This has the promotion of the efficient
developed countries to reduce
been achieved in less than 10 use of energy - was enacted.
their greenhouse gas emissions,
years. Later, in year 2005, Law No.
and consider the principles and
28546 – Law for the promotion
• Mexico is one of the countries discuss the main aspects of the
and use of renewable energy
with the lowest prices for implementation of the Paris
sources in rural, isolated and
renewable energy generation in Agreement.
borderline areas was enacted.
the world. In the three auctions This was the first attempt of
In 2017, the COP meeting
carried out in the country, the the Peruvian Government to
discussion topic was sustainable
sale price of 1 megawatt hour generate renewable source-
innovation in which the use of
plus a clean energy certificate based energy. Since this, the
clean energies and new policies
(CEL) went from US$47.78 regulatory framework orientation
for the reduction of greenhouse
in the auction of 2015, to changed and aimed to promote
gas emissions were talked about.
US$33.4 in the second auction the development of electricity
of last year, to no less than By its side, the Organization
production by means of the use
US$20.57 in the process that for Economic Co-operation and
of big-scale energies (on-grid and
concluded in November 2017. Development (OECD) is also a
off-grid).
great promoter of the use of
This trend is also supported Despite having a general law for
clean energy as an international
not only by economic reasons, geothermal energy –a kind of
policy. According to the OECD,
but by the need of countries to renewable energy- since 1997,
investment in clean energy needs
assure their energy resources its Ruling was only published
to be mobilized at a pace and
when facing the consequences in 2006 by means of Supreme
scale to contribute to mitigating
of climate change. Regarding Decree No. 072-2006-EM. This
climate change and achieve the
this, countries have signed Supreme Decree established the
transition to a low carbon energy
agreements and hold annual conditions and other important
system. For the OECD the need of
meetings in which they come regulations regarding the
global policy for the use of clean
together to incentive the use of development of geothermal
energy is a relevant factor for the
clean energies to prevent any concessions in Peruvian Territory,
social and economic development
possible negative consequences and then was replaced for a
of countries. Regarding this, the
of climate change. new Ruling published in 2010
OECD has held roundtables in
In this regard, every year, which the main discussion was by means of Supreme Decree
Kyoto signing countries hold the need for investment in clean No. 019-2010-EM In 2008,
the Conference of the Parties energies globally. Legislative Decree No. 1002 was
enacted. The main purpose of this
Legislative Decree was to qualify

112 Hydrocarbons and energy in Peru


the promotion of renewable
energies as an issue of national
- 2025. In this document, the
expectations for the future of
This 2014 - 2025
interest. In this sense, this
Legislative Decree established the
Peru in Energy regulation and
development are described.
National Energy
main regulations for the auction
of renewable source energy This 2014 - 2025 National
Plan highlights
and its conditions. As of this, by Energy Plan highlights the the importance of
importance of the use of clean
the end of year 2008, the first
renewable source energy auction energy in the future in order the use of clean
was hosted by the Supervisory
Body of Private Investment in
to prevent any future energy
deficit and at the same time energy in the
Energy and Mines (OSINERGMIN). promote the regional sustainable
development and integration.
future in order
This was the beginning of the
Peruvian path to clean energy. Also, this Plan foresees that to prevent any
Later, in 2010, the first Energy
the 800,000TJ of energy
consumption registered in 2014 future energy
National Policy was published
for period 2010 - 2040. This
will increase to 1’321,000TJ to
1’612,000TJ in 2025 depending
deficit.
document set the long term on Peru’s GDP in such year.
objectives and principles in
energy matters that Peru should Despite this great effort to set a
reach by 2040. As a way to path to development in energy
reach such objectives, a medium- matters, it is still pending a
term National Policy was then specific National Plan for the
published for the period of 2014 Development of Clean Energies
(Renewable Energies).

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04
Potential of
Renewable
Energy
According Bloomberg reports, This study determined a total
33% of the world’s electric power technical potential of 61, 832

Sources
will come from renewable sources MW, which is still considered as
by the year 2050. Peru has great the technically usable national
potential for the development of hydroelectric potential, due to
clean energies, and in this sense, the lack of updated information.
investments should be oriented in Likewise, a potential of around 1
the following energies: 000 MW was estimated for small
hydroelectric plants (less than 10
Hydroelectricity MW).
Water is the main renewable
Region Theoretical Technical
energy source in Peru for the potential, potential,
generation of electricity, both in MW MW

the interconnected system and Amazonas 14 114 4 234

in isolated systems (especially Ancash 5 555 1 667

associated with mining companies Apurimac 1 347 404

and some industries). For many Arequipa 8 362 2 509

years, hydroelectric plants have Ayacucho — —

helped generate electricity, Cajamarca 3 807 1 142

producing less contamination Cusco 24 501 7 350

which is benefitial for the users. Huancavelica — —


Huanuco — —
In Peru, this kind of energy is Ica 2 552 766
possible thanks to three big water Junin 1 654 4 816
sources: the Atlantic runoff, the La Libertad 1 649 495
Pacific runoff and the Titicaca Lambayeque 886 266
runoff. In the 1970s, within Lima 7 444 2 233
the framework of the Peruvian- Loreto 54 936 16 481
German Energy Cooperation Madre de Dios 9 445 2 834
Program, an evaluation of the Moquegua 1 508 452
national hydroelectric potential Pasco — —
was carried out. About 800 Piura 931 279
hydroelectric projects with a Puno 573 172
minimum power of 30 MW were San Martin 37 278 11 183
evaluated, and 328 hydroelectric Tacna 398 119
projects that met the defined Tumbes 295 89
viability criteria were finally Ucayali 14 472 4 342
selected. Total 206 107 61 832

Source: MINEM

114 Hydrocarbons and energy in Peru


Wind power energy power. Currently, the potential
of this kind of energy is almost
Moquegua and Tacna), and Puno
and Cusco.
This kind of energy consists of the three times greater than its actual
movement of big air masses from installed capacity. Solar energy
high atmospheric pressure areas
to low atmospheric pressure Geothermal energy This kind of energy is, basically,
the source of the origin of
areas. Due to the location of
Peru on the globe, including Geothermal energy consists of every other kind of energy. The
areas between the Pacific Ocean the energy generated and stored appropriate utilization of solar
and the Andes, winds from in the earth due to its heat. energy by means of solar panels
the south west lead to great Whenever temperatures cause and other solar collectors leads to
opportunities for the use of wind underground water to reach its the generation of thermal energy
power energies as they reach boiling point, this can be useful that can be used in isolated areas
speeds greater than 5m/s (this for purposes of using such heat to and places where there is no
is the minimum speed needed make turbines work and generate connection to electric grids.
to generate electricity with this energy. This is known to happen
As this energy depends on solar
source). most frequently in volcanic areas.
light, it is the easiest to reach
According to the Wind Atlas of Scientifically, as we have many in almost every place of Peru.
Peru developed by the MINEM, volcanic areas in Peru and we are The average annual radiation
Peru has an estimated potential located in the seismic zone of the of Peruvian regions oscillates
of more than 77,000WMV, well-known Pacific Ocean Ring of between 3.3kWh/m2 and above
which means that more than Fire, there are numerous thermal 6.0kWh/m2 annually, being
22,000WMV can be generated sources with temperatures Ancash, Arequipa, Lambayeque,
from this source. Moreover, between 40°C (104°F) and 90°C Moquegua, Puno and Tacna the
according to the Peruvian Wind (194°F) that are mostly located in regions with the highest average,
Maps calculated at 50, 80 and the Occidental side of the Andean and hence, being the regions with
100 m, respectively, the areas Mountains and the highlands. the most potential.
with the greatest potential for As such, Peru has more than Regarding this kind of energy
large capacity wind generation 156 identified geothermal source, in 2003, the National
are on the coast. The regions of areas, more than 200 hot water Service of Meteorology and
Piura, Lambayeque and Ica have runoffs, many vents and some Hydrology (SENAMHI) developed
the highest average annual wind geysers with temperatures near a Solar Energy Atlas in which an
speeds. the 100°C (212°F). The greatest important valuation of this source
Wind power can complement geothermal potential for Peru is is detailed. Despite this document
hydraulics, because it is precisely found in six geothermal regions: having not been updated,
during the dry season when the Cajamarca, Huaraz, Churin (Lima, there are many other scientific
best movement of the winds Pasco and Huanuco), Central publications in which the
occur on the Peruvian coast, the Zone (Huancayo, Huancavelica Peruvian solar energy potential is
same ones that have an energy and Ayacucho), Volcanic Zone described in detail.
vocation for their stability and (Ayacucho, Apurímac, Arequipa,

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Biomass The conditions for the auctions are


established by the MINEM, and the
hydroelectric, wind powered,
biomass and solar energy. In
This kind of energy is more likely process is hosted by OSINERGMIN. the case of the second auction,
to be used in isolated systems This latter also sets the maximum the energy quote was about
where there are no other prices and calculates the 2,500GWh/year between biomass
renewable resources. There applicable premium annually. and solar energy. As a result
are three major regions where of the two calls, a total of 26
In these auctions, awards
biomass presents an interesting authorizations for projects were
are granted to offerors who
potential to be used for medium awarded. The main awarded
communicate the lowest prices up
energy purposes and great power: projects were Marcona Wind Farm
to the limit of the energy quote
the northern coast (sugarcane Project (Ica) and and Talara Wind
applicable to the auction. For
bagasse, rice husk, hydrobiological Farm Project (Piura).
these purposes, the interested
waste); the high jungle (coffee
husks, forest residues); and the
corporations send offers that
detail the desired amount of
Second auction
low forest (forest residues).
annual energy (MWh) and its (2011)
From now on, concerning non- related prices in USD/MWh.
conventional energies (solar, wind This Auction consisted of a unique
The awarded corporations in call in which the energy quote
powered, geothermal, biomass
these auctions have the right to was 1,981GWh/year between
and hydroelectric up to 20MW),
a minimum income equivalent hydroelectric, wind powered,
their promotion via auctions
to the energy and price offered biomass and solar energy. This
hosted by the Supervisory Body
in the auction, but only if their time, 10 authorizations for
of Private Investment in Energy
compromised energy amount projects were awarded. The
and Mines (OSINERGMIN) was
liability is met. Also, these main projects awarded were Tres
authorized by Legislative Decree
corporations have the right to Hermanas Wind Farm Project
No. 1002 in 2008.
additional income based on the (Ica) and Moquegua Solar Plant
For purposes of these auctions, energy produced in excess (valued (Moquegua).
the Ministry of Energy and in CMg) and other additional
Mining (MINEM) states an energy income if reactive energy is Third auction (2013)
objective to be reached by each generated.
kind of energy source. The main This Auction also consisted of a
Up to 2018, four auctions unique call in which the energy
incentives for these auctions are
have already been hosted by quote was 320GWh/year for
that the awarded corporations
OSINERGMIN: biomass, 1300GWh/year for
have priority on the supply and
sale of energy by the Economic hydroelectric energy and 500,000
Operation Committee of the First auction (2009 - PV systems for solar energy. In
National Interconnected System 2010) this unique call, 15 authorizations
for projects were awarded.
(COES), priority on the access
to distribution and transmission This first Auction consisted of This time, hydroelectric energy
grids and long term stable prices two calls. The energy quote projects like Hydrika 1, Hydrika 2,
determined by auctions. established for the first Auction Hydrika 3 and Hydrika 4 (Ancash)
was 4,380GWh/year between were awarded.

116 Hydrocarbons and energy in Peru


Fourth auction
(2016)
This is the last Auction that was
made. It consisted of two calls
in which 13 authorizations for
projects were awarded. The
authorized projects consisted
of 2 biomass related projects, 3
wind power related projects, 2
solar energy related projects and
6 hydroelectric energy related
projects. Projects like Biomasa
Callao (Lima), Huambos Wind
Farm (Cajamarca) and Intipampa
(Moquegua) were awarded.
All the aforementioned Auctions
had had great reception between
the corporations of the sector and
in each one almost 100% of the
established energy quote was able
to be covered. There is expected
to be a fifth Auction this year
2018.

Hydrocarbons and energy in Peru 117


Hydrocarbons in Peru

3 Secc C | Trends in the Oil


& Gas, and the Energy
industry in Peru

118
Peru's oil & gas investment guide 2018 - 2019

01
Oil & gas
Trends in the In particular, Perupetro’s reform
will focus on three pillars or main
hydrocarbons topics, which are:
industry 1) Regulatory framework
The actual international context, 2) Reinforcement and
in which oil prices have still redefinition of Perupetro’s role
slumped more than 60% of their
value compared to 2014, truly 3) National Plan
puts companies at a stage in The first pillar aims toward
which it will be necessary to developing a more competitive
produce more efficiently. But framework with worldwide
it also brings an opportunity to tendencies that allows it to attract
discuss new policies that may new sustainable investments,
help to develop new projects. with wide entrepreneurial,
In particular, this means that technological, social, and
governments will have to step environmental support. This
up in order to prevent negative means, among other aspects, a
consequences in economies revision of contractual terms, a
which rely heavily on oil. regulatory update of norms and
Certainly, countries like Mexico regulations, and attainment of a
and Colombia have taken socio-environmental license.
decisions towards reducing the The second pillar is focused on
tax burden of oil companies. remaking Perupetro into an active
Meanwhile, Peru is looking investment promoter, leading
forward to following those steps, the interaction and development
especially regarding the reduction of sector policies, with full
of royalties. capacity and autonomy. This
In this regard, during the last few will include the institutional and
months, Perupetro has began organizational strengthening of
revising hydrocarbon regulations Perupetro, a redefinition of its
and identifying topics that could promotion process, contractor’s
be changed in the short-term. support, hydrocarbons
The main goal of this reform production and reservoir
is to provide energy security, management.
sustainable economic growth The third pillar will aim towards
and to improve the quality of life the development of a National
for the population. In this sense, Hydrocarbons E&P Plan, by
the reform has been focused on establishing medium and long
redesigning and reinforcing the term production, reserves and
institutional framework in order goals.
to articulate more efficient and
timely plans.

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As part of these reforms, not only in the area surrounding oil industry, especially for its
Perupetro is also revising the the Camisea project, but also in contribution to the diversification
current royalty framework, other locations, such as Piura and of the availability of liquid fuels
the contract model and the Tumbes. for transport.
requirements related to legal,
technical and financial capacity Biofuels In Peru, there is no significant
production of biodiesel or
of oil & gas companies. Results of
The development of the ethanol, but some processing
these activities are expected to be
natural gas industry in Peru is plants have been installed during
approved by the first, second and
contributing to the creation of recent years.
third quarter of this year (2017).
new industrial opportunities
Some of the companies that have
Perupetro is also planning to around this resource, such as in
made investments in this industry
carry out oil bidding rounds on biofuels and in the Petrochemical
are: Pure Biofuels, Biodiesel
several onshore and offshore Industry. This will contribute
Peru International, Herco
blocks during the coming to reaching the energy matrix
Combustibles, among others.
years and thereby promoting diversification objective, so that
investment in the peruvian oil & by 2025 Peru will have reached a Peru has some advantages
gas sector. diversified and more equilibrated related to biofuel production, due
matrix (13.8% oil; 65.7% natural to the great potential to develop
The opportunity opening for Peru
gas and natural gas liquids; and several oil crops, and by obtaining
is important, even more so if we
20.0% renewable resources). fats and oils from animal
consider that the majority of the
byproducts. The existing potential
oil sedimentary basins have not In this context, biofuels are a
crops show high production
been explored yet. Also, there clean and renewable alternative
yields.
are large natural gas reserves against the contaminating

120 Hydrocarbons and energy in Peru


Petrochemical Competitive integration Governments
Industry in Peru Extraction / Raw material will have to step
The Petrochemical Industry is an
important economical segment
Nafta
Gas
up in order to
in many countries, especially in Ethanol
Salt
prevent negative
the ones that have available raw
material in competitive quantities 1st Generation / Basic Petrochemical consequences
such as Peru.
Ethylene
in economies
The Petrochemical Industry is
divided into three segments:
Propylene
Cloro/Soda
which rely
• First generation basic industry heavily on oil.
(for example: synthesis gas, 2nd Generation
ethylene) Polyethylene
Polypropylene
• Second generation industry PVC
(for example: ammonia, Ammonia
urea, polyethylene, and Urea
polypropylene) 3rd Generation

• Transformation industry or
third generation (for example: Plastics
fertilizers NPK, MAP, plastics) Fertilizers

In the case of Peru, the vision


that needs to be realized is to Source: EY
have a planned petrochemical
development for the southern
part of the country that will not In this sense, the implementation
only supply the country but also of laws, including the ones
create earnings and an export affecting energy security and the
market for its products mainly future of Petrochemical Industry
in the Pacific Coast of Latin (Laws No. 29163, 29690, and
America. 29970) demonstrate a great
opportunity for private companies
Nevertheless, Petrochemical willing to invest.
Industrial Planning in a country
such as Peru, in which investment Having raw materials (supply) and
is linked to decisions of private a developing market (demand)
companies, requires an important worldwide are some of the
agreement between sector variables that make it attractive
authorities of the Government today to start a competitive
and potential investors. Petrochemical Industry in Peru.

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Added value Petrochemical A list of integrated units in a


petrochemical complex, with
and investment Complex their respective investment
opportunities The development of a Peruvian
estimations, demonstrates that
they all could be more than
Petrochemical Industry
The arrival of natural gas to the US$15 billion:
must search for a synergy
southern part of the country
between the future Southern Investment
is a unique opportunity for Project
Peruvian Gas Pipeline, first and US$ billion
developing investment projects
second generation Industrial
in petrochemicals, which will LNG 5
Petrochemical Complex and
add value to the supply chain of Ethylene
the third generation industrial
natural gas. 5
complex: plastic transformation Polyethylene
industry (bags, containers, etc.). Ammonia Urea 1.8
Natural Gas
Competitive availability of raw Methanol 1.5
Natural gas has many material is the main factor to Infrastructure and
make this Project feasible. In 1
components that can be services
transformed into other this case, the existence of a
Energy 1
derivatives reasonable gas flow at the end of
the SPP is very important. This
Propane C3 hypothesis will only be possible
if a new LNG unit is developed
• Propylene in the region, since it is the only Benefits for the
• Polypropylene project that can add natural gas country
(plastics) demands.
The installation of a
The planning of a petrochemical petrochemical industrial base in
Ethane C2 complex involves a number of the country will not only increase
other important decisions. Not added value to nonrenewable
• Ethylene only the ones that guarantee raw resources such as natural gas,
• Polyethylene material supply, but also factor in but with the ensuing decrease
• Ox. of ethylene location, access to transportation of imported petrochemical
(highways, sea ports and products (improving the trade
airports), supplies such as water balance), it will also contribute to
Methane C1 and electricity, and of course improving national and regional
human resources. economic growth. This growth
• Ammonia
• Urea (fertilizers) The opportunities explained will create quality jobs and new
above are great for investors to road and port infrastructure,
• Ammonia Nitrate
visualize how this synergistic among other significant benefits
(fertilizers, ANFO)
interrelationship will benefit for the country, especially to the
• Methanol (paints) southern region. Benefits for the
them, the government and the
population in general. country in respect to taxes will
be significant.

122 Hydrocarbons and energy in Peru


Opportunity to join
several stakeholders
to achieve the
desired goals
It is important to consider
that the development of a
Petrochemical Industry is
one of the objectives of the
Energy policy of the Peruvian
Government. To achieve this
goal, it is necessary to establish
a Strategic Plan together with
the Government, regional and
private sectors that will allow this
megaproject to be developed in
the short term.
Not-with-standing the above,
private companies are willing to
directly negotiate the terms of
supply of natural gas.
Certainly, such statement were
made by Contugas in relation to
three possible investors willing to
engage in petrochem operations.

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02
Energy
Start-ups In addition to their main service,
these little corporations have
The energy revolution is just included a social component in
starting in Peru. Until now, the their scope, and their knowledge
market has only shown great is used to help vulnerable
openings for development of populations to have access to
big corporations that are able electricity through the use of
to meet the requirements set clean energies.
in regulatory laws that aim
After generating income with
to attract high amounts of
their main service, these start-
investment. Despite this, there
ups use a percentage of their
are lesser known offerors who act
earnings to create lamps that
as market agents that are trying
use solar power to function and
to expand the scope of benefits of
donate them to areas where there
using clean energies to users that
is no connection to an electricity
cannot connect to the already
system. In this sense, these
built big systems of electricity.
start-ups make sales in conjuction
This is happening with some
with large corporations that seek
start-ups.
to reduce their operating costs,
Start-ups consist of big potential and the profit achieved by the big
corporations that are in their corporations serves to collaborate
initial phases. All of them with for the benefit of vulnerable
innovative ideas in different areas consumers in the electricity
that can produce growth in order market.
to become important participants
Other example of start-ups, that
of the market. The Energy Sector
just pop up around the world in
is not out of the scope of start-
the energy sector with innovative
ups; many revolutionary ideas
projects, are the ones related to
have been in place and markets
the creation of flowerpot battery
are now starting to get results.
chargers that generate energy
For example, in Peru, we found from the photosynthesis of the
start-ups focused on creating plant they host; and apps that
efficient systems based on allow control of the consumption
renewable energies. These kind of of energy, emphasizing the
start-ups have developed hybrid effects that such consumption
systems in order to reduce costs may generate if it becomes an
by up to 90% when producing excessive one; among others.
energy. This product is intended
As we can see, the energy
to lower the cost structure for big
market is not limited only to big
companies.

124 Hydrocarbons and energy in Peru


corporations but also to start-
ups willing to innovate and set
a new path to sustainability and
well-being.

Electric vehicles
Another relevant trend
regarding the use of energy
is linked to environmentally
friendly cars (electric vehicles).
These kind of cars are becoming
popular as they help decrease
greenhouse gas and other
emissions that cars powered
solely by internal combustion
engines produce.
Around the globe, many
countries are promoting the
use of electric cars. In the case
of Peru, recently, in 2018,
the first electric bus has been
put into service for public
transportation and it is expected
that two additional buses will be
introduced before 2019.
Despite that, just a small
number of hybrid cars are
already circulating around
the territory, the trend is that
electric cars become a popular
mean of transportation in the
future.

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03
Digital
trends Technology has defined the first making will be one of the fastest
decade of this millennium since areas of growth over the next
its very beginning. Not only did 3-5 years, according to World
we witness the dot-com bubble Economic Forum.
burst and erase millions of dollars
In the case of oil & gas
in market capitalization of several
companies, AI could be used
firms, but also the recovery of
together with robotic process
those who survived and are now
automation, generating Intelligent
tech giants, such as Amazon,
Automation, so that they can
E-bay, and Google.
employ critical thinking and
The shift from an analog to quality checks among other
a digital world has driven traditional human processes,
humankind to increase the pace which have the potential to
of our every day lives. Nowadays, automate entire functions and
it seems completely natural to free up time for engineers to
have visual conversations through focus on engineering tasks.
our mobile devices with any
Moreover, AI could also be used
person anywhere in the globe, to
with tools such as big data and
store bigger amounts of data and
analytics to identify the best areas
analyze it at incredible speed, to
and ways to drill and complete
make renewable energy sources
wells at lower costs, decrease
economically viable, and so on.
unplanned downtime, optimize
The Oil, Gas and Electricity production, and improve refinery
industries are embracing and chemicals operations, among
and harnessing the power of other actions that would add
digital disruption in their daily value in the short and/or mid-
operations and plans for the term.
future. Hereunder, we will
The Electricity Industry makes a
provide some examples of how
similar use of AI in its activities
technology is helping companies
as the Oil&Gas sector does.
to bring that future today.
Electricity Industry activities also
Artificial Intelligence demand the application of AI to
simplify processes and reduce the
(AI) use of some expensive sources.
Besides this, AI is also being used
These advanced computing for the management of grids
techniques based on cognitive that have some level of machine
computing and self-learning learning and in devices designed
programming methods to to predict failures and outages.
optimize and support decision-

Sources: EY / World Economic Forum

126 Hydrocarbons and energy in Peru


AI has also revolutionized the way
engineers and other professionals
and Data Acquisition (SCADA),
this is, an application that allows
The shift from
work whenever emergencies on
grids happen, nowadays there are
centralized monitoring and
control of remote systems for
an analog to
self-healing grids that are able to the generation and transmission a digital world
reroute power around damaged
equipment to keep the energy
of energy. IoT is used to allow
users to access data via HMI has driven
flow. Moreover, AI is also used by
consumers that use devices that
interface after it is collected
from remote field sensors,
humankind to
are able to react to preferences, actuators, controllers and other the pace of our
leading to improved cost control communication devices.
and comfort.
IoT is also used for purposes
everyday lives.
Internet of Things of smart metering. Smart
metering is used in smart grid
(IoT) implementations to transform
traditional energy infrastructure.
The internet has gone a long The use of IoT in smart metering
way from just being a means to helps to reduce operating costs
share information through the by operating metering operations
web. Now, it can bound together remotely, by improving
several devices in order to share forecasting and reducing energy
data almost automatically, and theft and loss.
use it with almost no human
interaction. The IoT is on its way
to integrate the physical tools
Mobile Devices
we use to produce goods and Mobile devices have empowered
services, and, thus, to live. people perhaps beyond what
computers did back when the
The Industrial IoT is one of IoT’s
latter became commodities
uses that could help oil & gas
available to almost everyone.
companies of all three segments
They are evolving at a faster pace
to improve their operations even
every year, simulating many, if
further. In that regard Industrial
not all, the functions of a desktop.
IoT could connect field assets
and equipment by using sensors, Oil, Gas and Electricity companies
integrate transportation and are aware of this, and they use
storage facilities, or even expand mobile technology that allows the
visibility of the supply chain. use of specialized applications
in fields such as health, safety
On the side of Electricity Industry,
and environment (HSE),
IoT is used in Supervisory Control
therefore dramatically reduce

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the possibilities of harm to their In the same way in the Electricity


on-field employees in hazardous Industry, Blockchain is seen as
situations. a useful tool when managing
and controlling their production
Blockchain of clean energies. As many
corporations control their
Blockchain is the technology production by certificates to
everyone is talking about due to differentiate clean energy from
the cryptocurrency frenzy that fossil fuels based energy and
came to the forefront last year. sometimes such management
Indeed, blockchain is the core becomes burdensome when
component of cryptocurrencies, participating in a transaction,
and a technology in which its Blockchain can be used to
potential is still being discovered keep track of such certificates
by private companies and by means of generating and
governments alike (Delaware, for saving data in a more efficient
example). way. Therefore, the security
The oil & gas sector is just that Blockchain provides can be
starting to discover such utilized by sellers and buyers in
potential. Due to the inherent order to access such information
security of the blockchain at a lower transactional cost.
technology, oil & gas companies Hopefully, Peru will be one of
could establish a better control of the next countries to enjoy the
data and information and provide benefits of the digital revolution.
consistency – particularly around As such, for this purpose not only
the accounting of hydrocarbons, does the Peruvian regulatory
supply and demand, and regime need to change and match
materials movement. the new trends but corporations
As the sector increasingly should also revaluate how they
leverages sensor technology operate, decide whether or not
across upstream and downstream they will fit and feel comfortable
assets, Blockchain can help in the market once their business
compress process time and model changes, and finally begin
reactivity to an event by the process of change by aligning
connecting assets directly to with new trends at the pace that
service providers without the fits them and its stakeholders the
need of human intervention. best.
Furthermore, its use in smart
contracts could also transform
the supply chain, allowing for
increased process efficiency and
compliance.

128 Hydrocarbons and energy in Peru


Peruvian energy
trends also
aim towards
goals with
significant social
impact, such as
transportation.

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Tax and legal framework

130 Tax and legal framework


Tax and legal framework

4 Secc A | Regulatory terms

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01
Oil & gas
Hydrocarbons in order to determine if it fulfills
all the requirements needed
agreements to develop exploration and
production activities under the
Oil & gas exploration and
contract modalities mentioned
production activities are
above.
conducted under license or
service contracts granted by the It must be noted that the terms
Government. Under a license and conditions under which
contract, the investor pays a license contracts are negotiated
royalty, whereas under a service and subscribed remain the same
contract, the Government pays for onshore and offshore blocks.
remuneration to the contractor.
On the other hand, contractors
As stated by the Peruvian will have the right to use
Constitution and the Organic water, grit, wood, and other
Law for Hydrocarbons, a license construction materials, and
contract does not imply a transfer to negotiate permissions,
or lease of property over the area easements and the right to use
of exploration or exploitation. water and surface rights, that
necessarily result in carrying
By virtue of the license contract,
out their activities. If the
the contractor acquires the
exercise of such rights generates
authorization to explore or
economic damages, they must be
to exploit hydrocarbons in a
compensated.
determined area, and Perupetro
(the entity that holds the Regarding the subscription
Peruvian state interest) transfers of contracts, Perupetro has
the property right in the extracted begun revising the scope of the
hydrocarbons to the contractor, current applicable regulations
who must pay a royalty to the related to hydrocarbon royalties,
state. qualification requirements for oil
& gas companies and the terms of
License and service contracts
the license contracts to be signed
are approved by supreme decree
with companies.
issued by the Peruvian Ministry
of Economy and Finance, and
the Peruvian Ministry of Energy
Upstream,
and mining, and could only be midstream and
modified by a written agreement
signed by the parties. downstream
Before initiating any negotiation, activities
every oil & gas company must The activities performed in the
be duly qualified by Perupetro, hydrocarbon sector are divided

132 Tax and legal framework


into three stages: “upstream”, working program established in it will only need to comply with
“midstream” and “downstream”. the contract, and also commits specific requirements according
The activities included in the to fulfill an additional working to Peruvian regulations so as to
“upstream” stage comprise the program that justifies such store them.
exploration and exploitation extension.
Midstream related activities can
of hydrocarbon deposits,
The contractor shall be also be related to the operation
while the “midstream” and
responsible for providing the of gas processing plants and
“downstream” stages refer to
technical and economic resources gas treatment and conditioning
refining, natural gas processing,
required for the execution of the facilities in order to make it
transportation, distribution and
operations of this phase. transportable, the operation of
commercialization of oil, gas and
fuel pipelines systems, maritime
by-products. • Exploitation phase
transportation by tankers, and
Upstream Activities (*) The exploitation phase is operating oil storage terminals.
comprised of development and
• Exploration phase Investment projects in gas
production activities related to
processing facilities can be
The exploration phase is aimed oil & gas extraction, in order to
subject to the benefits granted to
at discovering areas with oil transport it to relevant markets.
upstream projects. In this regard,
potential. To reach that objective, These activities include, among
a contract shall be signed by the
oil companies must plan, execute others, drilling of exploitation
investor and government, and it
and evaluate every type of wells, the construction of
can only be modified by mutual
geological, geophysical, and pipelines to transport the
agreement.
geochemical activity and carry extracted hydrocarbon production
out other studies, geophysical and any other activity for
activities, drilling exploratory extracting hydrocarbon.
oil wells and other related and
This phase will have a maximum
necessary activities for oil
duration of 30 years for crude oil,
discoveries.
and 40 years for non-associated
This phase will have a maximum natural gas and condensates,
duration of 7 years, counted from both counted from the contract
the effective date of the contract effective date.
(60 days after the signing date)
established on each contract.
Midstream Activities
These activities can be considered
This term can be divided into
as a crucial part of the oil & gas
several periods as agreed to in
sector activities, as they consist
the contract.
of the transport by pipelines, and
Notably, the Ministry of Energy storing of hydrocarbons. In order
and Mines can authorize an to start activities related to the
extension of three years for transportation of hydrocarbons
this stage, if the contractor has by pipelines, a company must
complied with the minimum be granted a concession, whilst

(*) Peru’s oil & gas Investment Guide is mainly focused on upstream activities

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Downstream Activities wholesalers, who in turn, dispatch national market, for a specific
them to oil stations, to retailers period stated in the contract.
• Refining and/or direct consumers, etc. In
the case of liquid hydrocarbon
Assignment of an oil
This activity involves the interest
construction of industrial and similar hydrocarbon
facilities, in which crude oil, byproducts, contractors must The contractor can partially
natural gasoline or other obtain an authorization from the or totally transfer its interest
hydrocarbon sources are Ministry of Energy and Mines or associate with any other
transformed into fuel products, (MEM). In the case of natural gas, qualified investor, provided that
such as liquefied petroleum distribution must be granted by a the operation is approved by the
gas (LPG), gasoline, diesel and concession. Ministry of Energy and Mines
industrial fuels. Contractors must (MEM).
obtain an authorization from the Government policies The transfer of the contractor’s
General Hydrocarbons Bureau for
executing such construction.
on the sale of interest will lead to the

Distribution and
natural gas maintenance of the same
responsibilities regarding the
commercialization Contractors must consider that guarantees and obligations
the authorization to explore assumed by the contractor. In this
Liquid fuels and other or to exploit proven natural sense, the stabilized tax regime
hydrocarbon byproducts obtained gas reserves requires them to applicable to the contractor will
as a consequence of the activity guarantee the supply of the also apply to the transferee.
of refinery are distributed to

134 Tax and legal framework


02
Energy
Keywords new circumstances of the energetic
system. Each country and/or region
Electricity power develops an Energy Matrix depending
on its own policies, challenges and
It is the amount of energy that objectives.
can be delivered or distributed
to a system in a simple unit of Renewable Energy Source -
time. Power is registered in RER
Watts, the active power unit of
the International System of Units. Consists of energy sources such as
1 Watt is equivalent to 1 Joule biomass, wind power, solar power,
(international unit of energy or geothermal sources and tidal energy.
work) per second (time unit). As In the case of hydraulic energy, such
such, power indicates the amount source shall be considered as RER
of energy that can be delivered if its installed capacity is less than
each second for the consumption 20MW.
of electric systems (as the SEIN).
Geothermal source and by-
The power electric appliances products
is set in Watts if they are low
powered, but if they have medium Geothermal sources refers to energy
or high powered, their power that comes from underground
is set in KiloWatts (kW), which and includes geothermal fluids of
is equivalent to 1,000 Watts or high and low temperatures. By-
MegaWatts (mW), equivalent to products of this kind of energy refer
1’000,000 Watts. to minerals in solution and other
products that can be obtained from
Electric systems natural thermal fluids, brines, gases
and fumes located underground.
Interconnected Electrical National
These by-products do not include
System - SEIN
hydrocarbons.
Group of transmission lines
and sub-stations that are Electricity industry
interconnected between them and
with generation plants to allow the
activities
transference of electric energy Generation
between two or more generation
systems. Activity that consists in the
production of electricity by means
Isolated System of the transformation of a primary
Electric system that is not source like water or a thermic one
connected to the SEIN. such as natural gas, petroleum,
carbon, diesel, among others.
Energy Matrix Renewable sources like wind,
geothermal heat, solar radiation,
The Energy Matrix is a unique and biomass, are also used for the
market model that shows the production of electricity.

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According to Peruvian regulations, Distribution when the demand exceeds


this activity does not qualify as a 500Kw.
public service; nor is it a natural Activity that consists of the
transformation of high or • Generation of energy with
monopoly. Generators could be
extra high voltage energy to energetic renewable sources
considered as energy traders.
lower voltage of 30,000V or when installed capacity exceeds
Transmission less in order to distribute such 500Kw.
energy to final users. According
Activity that consists in the to Peruvian regulations, the Authorizations
transport of energy from distribution activity comprises Consists in the permission that
generation plants to consumption the grids operation and the should be requested for the
centers. This activity uses high commercialization of energy to development of thermoelectric
voltage grids (30V. and 60,000V.) regulated users and free users. generation activities whenever
and extra high voltage grids
the installed capacity of the plan
(138,000V. and 220,000V.).
Granting rights in exceeds 500KW.
According to the Electric
Concessions Law there are two
the electric sector Temporary concession
kinds of transmission system: Definitive concession This title grants the right to use
• Primary, which is paid by all public goods and the temporary
This title is required for the
the users of the electric system right of way. The owner of this
utilization of public goods and for
despite the active or inactive kind of concession is responsible
the owning of the right of way for
use of the system, and the for the execution of viability
the construction and operation of
studies on generation plants
• Secondary, which is paid only generation plants, sub-stations,
and sub-stations or transmission
by the effective users of the transmission lines and grids for
lines; also, the owner has a
system, that is consumers and the serving of electricity to the
preferential right when requesting
generators. public.
the correspondent definitive
Law No. 28832, added two According to the Electric concession.
kinds of additional transmission Concessions Law, its granting is
systems: required for the development of Granting rights for
the following activities:
• Guaranteed system, which is electric generation
• Generation of electric energy
subject to bidding depending on
that is based on hydraulic with renewable
the Transmission Plan approved
by the Ministry of Energy and sources whenever the installed energy (RER)
Mining, and the capacity exceeds 500Kw.
RER generation auctions
• Complementary system, which • Transmission of electric energy
when its facilities could affect Auction
is developed under the lead
of one or more agents like State property and/or require a Public tender process hosted by
complement of the Transmission right of way. the Supervisory Body of Private
Plan. • Distribution of electric energy to Investment in Energy and Mines
be provided as a public service (OSINERGMIN) to assign the

136 Tax and legal framework


adjudication rate to projects of Contract for the supply of Regarding the aforementioned
RER generation up to the limit of renewable energy price and premium, OSINERGMIN
the required energy. This process is the entity that will determine
The contract signed by awarded
is conducted according to the such amounts according to each
corporations once the Auction is
document prepared and approved kind of energetic source.
ended. This document establishes
by the Ministry of Energy and
Mining (MINEM), and ends in the
the liabilities and conditions
related to the construction,
Granting geothermal
closing date.
operation, energy supply and rights
Required energy rates regime applicable to RER
generation plants. This document Geothermal sources
This is the total amount of annual
includes the conditions of the authorization
energy in MWh that is being
Auction. This Contract starts on
auctioned. The required energy This authorization allows the
the closing date and is valid until
amount is established by the execution of exploration activities
its end date.
MINEM for each kind of RER on in a specific area of the Peruvian
the basis of the estimated national Policies for the territory in order to search for
consumption for the year. geothermal sources. Holders of
commercialization
this authorization has preferential
Adjudication rate of energy and power right for the granting of a
Consists of the offer made in USD/ generated by RER concession. This authorization
MWh by interested corporations Electricity generated by RER has is valid for 3 years and can be
during the Auction. This rate priority in the daily deliver of extended for 2 additional years.
guarantees each awarded energy made by the Economic The request for a concession in
corporation net energy injections Operation Committee of the the explored area can be placed at
up to the limit of the offered and National Interconnected System any moment of this term.
adjudicated energy. Offered rates (COES). As awarded corporations
are not modifiable and are valid Geothermal sources
have guaranteed transmission
only during the date in which lines according to its offer, in
concession
commercial operations start until the case of extra capacity in The MINEM grants this kind of
the due date of the contract, being the transmission or distribution concessions in order to allow
adjustable by the correction factor systems of the SEIN, such the execution of exploitation
and the update formula agreed in corporations will have preferential activities in a specific area where
the conditions of the Auction. access to them. sources have been discovered
Closing date during the exploration phase.
In order to sell the production of
These concessions are valid for
The day in which all the RER electricity, this energy must
30 years from the publication of
requirements for the signing of the be placed in the short-term market
the correspondent Contract in El
Contract are met according to the subject to its price. This price
Peruano (state newspaper). Under
conditions stated in the conditions ought to be complemented with
some specific conditions, the term
of the Auction. On this date, the a premium to be determined by
of this kind of concessions can be
Auction also ends. OSINERGMIN in case the marginal
extended.
cost is lower than the estimated
price.

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Climate change Mitigation of climate


change
actions framework
Human intervention to reduce
Law the sources of greenhouse effect
The diversification of the energy emissions or to enhance sinks
matrix guided by a greater use of (processes, mechanisms and
clean energy (RER) requires a joint activities that eliminate gases in
action of all sectors of the country, the atmosphere) in order to limit
therefore, in April of 2018 the the effects of climate change.
Climate change actions framework
Law was approved. The purpose of
Resilience
this Law is to establish principles, Capacity of social, economic and
approaches and general provisions environmental systems to face
to coordinate, articulate, design, a dangerous situation, trend or
execute, evaluate and disseminate alteration by reorganizing or
public policies in order to reduce giving an answer in such way
the country’s vulnerability to that its characteristics, structure,
climate change, taking advantage identity or special functions
of opportunities for low carbon are maintained and its capacity
growth. In this regard, we list of adaptation, learning and
some useful concepts below: transformation are preserved.

Climate change
Changes in the climate due
to direct and indirect action
of human beings, causing
changes in the composition of
the atmosphere, increasing the
natural variability of the climate.

Adaptation to climate
change
Process of adjustment to the
current and foreseen climate and
to its effects on environmental
and human systems in order to
moderate or avoid consequential
damages or, in some cases, take
advantage of its effects.

138 Tax and legal framework


Tax and legal framework

4 Secc B | Peruvian general


fiscal terms

139
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The economic attractiveness of are not fully deductible for tax related penalties not paid by
a country is strongly influenced purposes. Business transactions the due dates are subject to
by the fiscal system that applies must be recorded in legally interest charges, which are not
to oil (especially upstream), gas authorized acounting books that deductible for corporate income
and energy activities. If tailored must be in full compliance with tax purposes.
properly, fiscal terms are able the International Accounting
to achieve the overall objective Standards (IAS). Contractors
Advanced payments
of collecting an adequate share (Peruvian corporations and Companies and branches must
of the economic benefit for the branches) –as an exception- are make monthly advance payments
government generated by these entitled to keep their accounting of their annual corporate income
indutries, while maintaining records in foreign currency as tax. Advance payments will be
high levels of investments in the long as they receive and/or equal to the greater amount
activities related to them. make foreign direct investment that results from comparing
in foreign currency, according the quotas obtained from the
Keeping in mind those objectives
the requirements established application of the following
and considering that the levels
by Supreme Decree No. 151- methods:
of investment required in the
2002-EF and other rules for
early stages of those industries in
specific industries as mining,
itself involves a great associated
hydrocarbons and geothermal • Percentage method: by
risk, Peru has established a fiscal
resources, but taxes must be paid applying 1.5% to the total net
framework that promotes all
in Peruvian Soles (PEN). revenue of the month.
types of private initiatives, and in
parallel special tax incentives in The general corporate income • Ratio method: by dividing the
order to reduce the tax impact of tax rate for fiscal year 2017 tax calculated in the previous
oil, gas and energy activities. (onwards) is 29.5%. year by the total accrued net
revenue of the same year
Basic aspects In addition to this, Dividend and applying the ratio to
Tax at a rate of 5% is imposed the net accrued revenue of
Resident companies (incorporated
on distributions of profits to the month. This ratio must
in Peru), are subject to income
non residents and individuals be multiplied by a factor
tax on their worldwide taxable
by resident companies and of 1,0536 to determine
income. Branches and permanent
by branches, permanent advance payments in 2017
establishments of foreign
establishments and agencies of and January-February 2018.
companies that are located in
foreign companies.
Peru and nonresident entities are
taxed on income from Peruvian This tax is generally withheld at Income Tax prepayments apply
sources only. its source. However, under certain as credit against the annual
circumstances, the company must income tax obligation or they are
Taxable income is generally
pay the tax directly. refunded at the end of the fiscal
computed by reducing the gross
revenue by cost of goods sold The mandatory closing date year (once the tax return is filed),
and all expenses necessary to for business enterprises is if requested by the taxpayer.
produce the income or maintain December 31st. Tax returns Capital gains
its source. Certain types of must be filed between March
revenue, however, must be and April according to the Capital gains are treated as
computed as specified in the schedule established by the ordinary income. Under this
tax law and some expenses Tax Administration. Taxes and consideration, capital gains

140 Tax and legal framework


determined by resident entities
are subject to a 29.5% tax rate.
Capital allowances
Trade or business expenses
Starting from January 1, 2016,
capital gains derived from In general terms, all corporate
the sale of shares and other expenses incurred in the
securities representing shares generation of taxable income or
(i.e. ADR, GDR, and ETF) carried the maintenence of its source
out through the Lima Stock are deductible for corporate
Exchange are Income Tax exempt. income tax purposes. This rule is
To claim the exemption, the subject to certain exceptions and
taxpayer and its related parties limitations expressly provided in
must not transfer more than 10% the income tax law.
of the shares or “securities that
Tax depreciation
represent shares” issued by the
company whose shares are sold. Depreciation rates apply to the
acquisition cost of fixed assets.
Shares should meet a liquidity
The following are some of the
threshold: 180 working days prior
maximum annual depreciation
to their sale, they should have
rates allowed by Law:
been traded at least in 27 days
(not necessarily consecutive) for a
Data processing equipment 25%
daily fee of US$5,123 (equivalent
to 4 Tax Units). Machinery and equipment for
construction, mining and oil 20%
Under the latest Tax Reform, activities
effective since January, 2017,
the aforementioned exemption Vehicles 20%
was extended to December 31,
Machinery and equipment for
2019. 10%
other activities
Also, by means of this
Buildings and constructions* 5%*
amendment other securities
(bonds, participation certificates Other fixed assets 10%
in Mutual Investment Funds,
Real Estate Investment Trusts *This is a fixed rate rather than a
(REITs), Securitization Trusts for maximum rate.
the Investment in Income of Real
State, and Negotiable Invoices) Taxpayers may apply any
have been included in the scope depreciation method for their
of this exemption, provided fixed assets other than buildings
that they are listed and traded and constructions, as long as the
on the LSE, and (depending resulting depreciation rate does
on each case) fulfill the other not exceed the maximum rates
requirements states in Law No. stated above. In general, except
30341 and its regulations. for buildings and constructions,
tax depreciation must match
financial depreciation.

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Valuation of inventory with a significant pre-operating Definitive recovery VAT system


stage and for which no advance
Inventory is valued for tax Under this regime, VAT paid on
invoice (transferring the VAT
purposes at the acquisition or the acquisition of goods and
burden) can be issued periodically
production cost. Financial charges services used directly in oil &
to the client.
are not allowed to be part of the gas exploration activities can
cost. Taxpayers may choose any of The law provides a general and be recovered without having to
the following methods to calculate a specific early recovery system; wait until a commercial discovery
annual inventory for tax purposes, each one with its own scope and takes place or production begins.
provided that the method is requirements: This regime will be applicable
consistently used: first-in, first-out from the contract signing date
(FIFO), daily, monthly or annual • General early recovery VAT until the end of the term of the
average, specific identification, system: This regime applies exploration phase.
detailed inventory, and basic to companies that are in a
Goods and services included
inventory. preoperative stage, allowing
in the regime should be
them to recovery the VAT
Pre-operative expenses paid on the acquisition of
incorporated in a list and
approved by the Ministry of Enery
Pre-operative expenses may capital goods. This regime
and Mines. The validity of this
either be expensed in the year does not require companies to
regime has been extended until
production commences, or may be sign an investment contract,
December 31, 2018.
amortized over a period of up to nor specific amount of
ten years from the year in which investment. Amazon promotion investment
production commences. regime
• Specific early recover VAT
Early recovery VAT system system: This regime applies • VAT and ISC exemption on the
to companies that are in sale of hydrocarbon products:
The early recovery VAT system a preoperative stage, and oil & gas companies (principally
allows obtaining an early recovery that also meet the following those dedicated to oil refining
of the VAT paid on the acquisition conditions: (i) they enter into and storage activities) located
of goods, services, construction investment contracts with in the regions of Loreto, Ucayali
contracts, importations, etc.; Peruvian government, to and Madre de Dios will be
executed for carrying out invest in economic Industry; VAT and ISC exempted when
taxable operations or exports. and (ii) they make a minimum selling oil, natural gas and by-
VAT is reimbursed through investment commitment of products to retailers or to direct
negotiable credit notes (which US$5 million for projects with consumers. For this purpose, it
are redeemable in exchange for a preoperative phase of at is required that retailers must
a check). This system prevents least 2 years. also be located in the regions
waiting to recover such amount of Loreto, Ucayali and Madre de
from a client when the invoice, If the previous conditions are met, Dios, and should perceive third
including VAT, for the sales of companies will be able to recover category income mainly from
goods, services or construction VAT paid on the acquisition or commercializing oil, natural
contracts is issued to the client. imports of capital or intermediate gas and/or its byproducts.
goods, services, and construction Direct consumers include
In other words, this regime
contracts. The use of one system corporations and individuals
provides relief of from financial
does not preclude the possibility located in the regions of Loreto,
costs (cost of money) for projects
of using the other, as they have a
different scope (items).

142 Tax and legal framework


Ucayali and Madre de Dios, that Withholding taxes purposes of the application of
perceive third category income the dividend tax, including the
due to activities different from Dividends distribution of cash or assets, the
hydrocarbon commercialization. A dividend tax at a rate reduction of the capital of the
of 5% applies to profits company or the liquidation of the
The law also states that retailers
distributed to nonresidents company.
will only be allowed to sell the
exempted hydrocarbon product and individuals. The dividend This law also provides that if a
to the public, or for its own tax applies to distributions by resident company or branch,
consumption; and that the direct Peruvian companies, as well permanent establishment or
consumer will also be limited to as to distributions made by agency, pays expenses that are
use the exempted hydrocarbon Peruvian branches, permanent not subject to further tax control
product only for the activities establishments and agencies or does not report any income,
carried out in the regions of from foreign companies. Peruvian the amount of the payment or
Loreto, Ucayali and Madre de Income Tax Law specifies various income will be subject to dividend
Dios. transactions that are considered tax (i.e. it will be treated as a
as profit distributions for the deemed dividend distribution).

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It should be noted that the effect Technical Assistance Services located outside Peru that, directly
of the reduction of the dividend or indirectly, holds shares (or
Payments for technical assistance
tax rate combined with the participation interests) in one or
services used within Peru are
increase of the corporate tax rate more Peruvian subsidiaries (i.e.
subject to withholding tax at an
results in a total tax burden of an “indirect transfer”) on one of
effective rate of 15%, regardless
33.03% (approximately). the following situations:
of the country the services
Interest are rendered. To ensure the
application of the 15% rate, • Where 50% or more of
Interest paid to non-residents is
the local service recipient must the fair market value of
generally subject to a withholding
obtain and present to the Tax the nonresident holding
tax at a rate of 30%. For interest
Authorities upon request a report company’s shares is
paid to unaffiliated foreign
issued by an audit firm certifying derived from the shares or
lenders, the rate is reduced
that the technical assistance was participations representing
to 4.99% if all the following
effectively provided. However, the equity capital of one or
conditions are satisfied:
this is only required when the more Peruvian subsidiaries
fees under the corresponding at any time within the 12
• For loans in cash, the agreement for the technical months preceding the
proceeds of the loan are assistance exceed 140 tax units disposition.
brought into Peru as foreign (each tax until is equivalent to
PEN S/4,050 or approximately • The overseas holding
currency through local banks
US$1,242). company is located in a tax
or are used to finance the
haven or low- tax jurisdiction,
import of goods. Royalties unless it can be adequately
• The proceeds of the loan are demonstrated that the
Peruvian source royalties paid for
used for business purposes in scenario described above did
the use of intangible property are
Peru. not exist.
subject to withholding tax at an
• The participation of the effective rate of 30%.
foreign bank is not primarily New Law No. 29757, which
Indirect transfer of shares amends Law No. 29663, clarifies
intended to avoid the tax
treatment applicable to Law No. 29757, which amended that the transaction described
transactions between related Law No. 29663 introduced in the preceding paragraph will
parties (i.e. the use of back- a new category of Peruvian only be taxable where shares
to-back loans is consequently sourced income that may lead or participation interests
precluded). to a scenario under which a representing 10% or more of the
nonresident will be levied with nonresident holding company’s
• The interest rate does not income tax. Broadly, Law No.
exceed LIBOR plus 7 points. equity capital are transferred
29663 provides that 30% income within the 12-month period. This
tax is imposed on any capital means that the transfer of shares
gain realized upon the transfer (or participations) representing
of the shares of a company

144 Tax and legal framework


less than 10% of the nonresident One or more legal entities are
holding company’s equity capital related parties if one of them
are not subject to taxation in participates directly or indirectly
Peru even when 50% or more of in the management, control
the fair market value of those or equity of the other entity,
shares is derived from the shares or whenever the same person
(or participations) representing participates directly or indirectly
the equity capital of one or more in the direction, control or equity
Peruvian subsidiaries at any time of diverse related entities.
within the 12 months preceding
On 31 December 2016, Peru
the dispositions.
published Legislative Decree
Transfer pricing N°1312 amending the Peruvian
transfer pricing (TP) reporting
Peru has adopted transfer pricing
requirements by implementing
guidelines, based on the arm’s-
the changes proposed by the
length principle. The accepted
OECD under BEPS Action 13
methods are the comparable
final report. The bill expands the
uncontrolled price (CUP) method,
TP documentation requirements
the resale price method, the
by introducing an obligation to
cost plus method and the
submit both a local file (2017)
transactional net margin, as well
and a master file (2018), as
as other related methods based
well as the implementation of
on margins. The OECD guidelines
country- by-country reporting
can be used as a complementary
(2018), provided that certain
source of interpretation. Advance
revenue thresholds are reached.
Pricing Agreements (APA)
Failure to comply could result in
may be negotiated with the tax
penalties.
authorities.
Regulations were enacted
In Peru, these rules do not only
in November 2017 for the
apply to transactions between
preparation and submission of
local and international related
the TP formal requirements.To
parties, but also to transactions
a great extent, the contents of
with entities that reside in tax
the local file, master file and the
havens. Note that adjustments
CbCR adopted in Peru are largely
to the value agreed between the
in line with the recommendations
related parties would apply only in
specified in Action 13 of the
the case where the value agreed
BEPS Action Plan. These three
between the parties would lead to
documents, taken together, will
an underpayment of taxes.

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require taxpayers to articulate new transfer pricing rules, the group services. In such cases, the
consistent TP positions and commodity prices and quotes to provider of the services shall apply
will provide SUNAT with useful be considered, the international a profit mark-up of no more than
information to assess TP risks. market, the commodity exchanges 5% to the relevant costs incurred
They will also help the Peruvian or similar markets that may be in performing the low value-adding
Tax Authorities in determining taken as a reference, and finally services.
where audit resources can most the adjustments that shall be
Low value-adding intra-group
effectively be deployed, and, in accepted to reflect the commodity
services for the purposes of this
event audits are called for, provide features and the economically
approach are services performed
information to commence target relevant characteristics of the
by one member or more than
audit inquiries. This marks a new particular transaction.
one member of an MNE group on
era of TP documentation and
In addition, it introduces general behalf of one or more other group
disclosure requirements in Peru
transfer pricing guidelines for members which
that is much more comprehensive,
intra-group services and in
more detailed and more thorough
particular for services that qualify
than those required before, in • Are of a supportive nature
as low value-adding intra-group
terms of both depth and breadth.
services. • Are not part of the core
Legislative Decree N° 1312 also business of the MNE group
Specifically, it requires that
introduces revised guidance for
the “benefit test” should be • Do not require the use
pricing cross border commodity
satisfied to demonstrate that the of unique and valuable
transactions. It provides that
services were in fact received intangibles and do not lead
the CUP method can be the
in order for the cost or expense to the creation of unique and
most appropriate transfer
to be deductible. The test will valuable intangibles, and
pricing method for commodity
be met by considering whether
transactions between associated • Do not involve the assumption
an independent company in
enterprises using a quoted price as or control of substantial risk
comparable circumstances would
a reference to determine the arm’s by the service provider and do
have been willing to pay for the
length price. not give rise to the creation of
activity if it was performed by an
These rules establish that the independent company or would significant risk for the service
arm’s length price for Peruvian have performed the activity in- provider.
income tax purposes shall house for itself.
be determined by reference The tax regulations will provide
The deduction of cost or expenses
to the quoted price of (i) examples of services that would
for services received should be
the date of shipment of the likely meet the definition of low
determined based on the total
commodities exported or (ii) the value-added services.
cost and expenses incurred by
date of disembarkation of the
the service provider entity, plus Controlled Foreign
commodities imported.
the applicable mark-up, for its Corporation Rules (CFC
Additional guidance and deductibility. Rules)
clarification is expected to be
The bill provides specific guidance As of January 1, 2013, the
established in forthcoming tax
relating to a particular category “International Fiscal Transparency
regulations as to the products
of intra-group services referred Regime” is applicable to all
that will be covered by these
to as low value-adding intra-

146 Tax and legal framework


Peruvian residents who own a Mexico, South Korea, Portugal
“controlled foreign corporation” and Switzerland.
(CFC). Under these rules, passive
The principal purpose of this
income earned by CFC’s in other
double tax treaty network is to
jurisdictions, must be included
prevent taxes from interfering
and recognized in the taxable
with the free flow of international
income of resident taxpayers in
trade and investment by
Peru, even though there has been
mitigating international double
no effective distribution.
taxation with respect to certain
A non-resident subsidiary income items.
company will constitute a CFC of
This, however, is not a static
a Peruvian company if:
list. Some existing treaties are
• The Peruvian company owns still under renegotiation and
more than 50 percent of the others are in various stages
subsidiary’s equity, economic of negotiation with countries
value or the voting rights. such as France, Italy, Thailand,
Sweden, Singapore and the UK.
• The non-resident entity must
be a resident of either: i) a Except for the double tax
tax haven jurisdiction; or, ii) treaty with the other Andean
a country in which passive Community countries, tax treaties
income is either not subject to entered into by Peru generally
CIT or is subject to a CIT that follow the OECD Model, although
is equal or less than 75% of they incorporate provisions
the CIT that would have been from the UN Model, to give more
applicable in Peru. weight to the source principle
than does the OECD Model.
For the application of this
Regime, the Law has established Each of the treaties currently
an exhaustive list of items that in force between Peru and
qualify as passive income (i.e. other countries deals with
dividends, interest, royalties, the same matters. Many of
capital gains from the sale of the treaties contain common
properties and securities, etc.). provisions addressing the same
issue. It should, however, be
Tax treaties noted that Peru’s tax treaties
Peru has entered into a show a remarkable degree of
multilateral tax treaty with the individuality, considering that
Andean Community countries almost every treaty is different in
(Bolivia, Colombia and Ecuador), at least some respects. For that
which calls for exclusive taxation reason, it is essential to analyze
at source and double tax treaties the specific treaty that may apply
with Brazil, Chile, Canada, to a particular tax issue.

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Financing considerations such as jewelry, cars, cigars, International Free Trade


cigarettes, liquor, soft drinks, fuel, Agreements and other
Thin capitalization etc. ISC rates range from 10% to commercial agreements
Debt to equity rule: Interest on 100 , generally based on the CIF
The main agreements executed by
loans from related parties in excess (imports) or sale value, depending
on the goods. However, for certain the Peruvian government in order
of a 3:1 debt to equity ratio is not
goods, such as soft drinks and fuel, to gain access to international
deductible.
the ISC is calculated on a specific markets are the following:
Indirect taxes basis depending on the amount of Andean Community (CAN):
A 18% Value Added Tax goods sold or imported.
Peru fully enjoys the benefits from
(VAT) applies to the following Taxable persons for ISC purchases the free trade zone established by
transactions: are producers and economically this agreement for all its member
related enterprises engaged in countries (Bolivia, Colombia, Peru
• Sale of goods within Peru. domestic sales of listed goods, and Ecuador). Since Venezuela is
importers of listed goods, no longer a member of the CAN,
• Services performed or used importers and economically related Peru has celebrated a Bilateral
within Peru. enterprises engaged in domestic Agreement with Venezuela, which
sales of listed goods and organizers has been in force since August,
• Construction contracts
of gambling activities. 2013. Also, Peru, as member of
performed within Peru.
Liability to ISC arises under the the Andean Community, has other
• First sale of real estate by the obligations and commitments
same rules that apply to VAT.
builder. regarding other topics besides the
To avoid double taxation, a credit is free trade zone.
• Importation of goods from
granted for the ISC paid on imports
outside Peru, regardless of Southern Common Market
and in other specific cases.
the status of the importer. (Mercosur):
Custom Duties
• VAT paid upon acquisition Partial agreements executed by
of goods or services can be • Rates and Tax bases the Peruvian government with
deducted from VAT related to each of the member countries
the sale of finished products The applicable customs duties and
(Brazil, Argentina, Paraguay and
or services. taxes are summarized below:
Uruguay) are in force. By means of
the aforementioned agreements,
Exporters are reimbursed for any Tax Rate Tax bases Peru and Mercosur member
VAT paid on the acquisition of countries have reciprocally
Custom 0%, 6%
goods and services. Also, exporters CIF Value** granted each other preferential
Duties* and 11%
can apply such reimbursement as a customs duty rates.
credit to offset VAT or income tax CIF Value
+ Customs Pacific Alliance
liabilities. VAT 18% Duties +
Excise Tax (if Peru, Mexico, Colombia and
Selective Consumption Tax (i.e.
applicable) Chile are members of the Pacific
Luxury Tax or “Impuesto Selectivo
Alliance which grants their goods
al Consumo”) * Customs Duties rates depend on the
kind of items imported. Capital goods are preferential tariff treatment
The selective consumption tax generally subject to a 0% rate.
(ISC) applies to luxury goods ** World Trade Organization (WTO) rules
are applicable to arrive to customs value.

148 Tax and legal framework


as long as they meet certain
requirements, including origin and
direct expedition.
Bilateral Free Trade Agreements
Bilateral Free Trade Agreements
with the United States, Canada,
China, Chile, EFTA States (Iceland,
the Principality of Liechtenstein,
the Kingdom of Norway and the
Swiss Confederation), Mexico,
Japan, Singapore, Thailand,
Republic of Korea, Panama,
European Union, Costa Rica and
Honduras are already in force. In
addition, Peru has celebrated the
Partial Agreement with Cuba (ACE
50).
In order to apply these preferential
treatments, goods must meet
certain requirements, including
origin and direct expedition
requirements.
Peru has also concluded Free
Trade Agreement negotiations
with Australia, Brasil and
Guatemala, as well as with
the Trans Pacific Partnership
Agreement´s members (Australia,
Brunei Darussalam, Canada, Chile,
Japan, New Zealand, Singapore,
United States (under review),
Malaysia, Vietnam and Mexico).
Furthermore, Peru maintains
negotiations with Turkey, El
Salvador, India and is negotiating
the Comprehensive and
Progressive Agreement for Trans-
Pacific Partnership (with Australia,
Brunei Darussalam, Canada, Chile,

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Japan, New Zealand, Singapore, production and distribution The amount paid is allowed as a
Malaysia, Vietnam and Mexico), of electricity; production of tax deduction for corporate tax
which incorporates the provisions gas; transportation services purposes. Not all foreign
of the Trans-Pacific Partnership and services related to air
governments recognize this as a
Agreement and suspends the transportation (such as travel
creditable tax and as such double
application of some of those agencies, storage and deposit);
taxation can occur.
provisions (such as intellectual financial services of insurance
property) set out in the Annex to and real estate; legal, audit General Anti-Avoidance
this Agreement. and accounting activities; Rule
business consulting, consulting
Finally, it is important to mention As of July 19, 2012, an anti-
related to informatics and data
that Peru is a founding member avoidance rule was introduced
processing; and advertising,
of the World Trade Organization in the Peruvian Tax Code to
health and medical services, and
(WTO). Therefore, the WTO’s assist the Tax Administration
education.
regulations regarding antidumping in responding to situations of
practices, subsidies, countervailing Many oil & gas companies tax avoidance and simulated
duties and service market calculate this employee benefit transactions.
liberalization, among others, are using the 5% rate that applies to
applicable in Peru. the “other” group of activities. Indeed, when facing tax avoidance
This has been a matter of situations, the Tax Administration
Worker’s profit discussion at the judiciary level. will be able to coercively request
the corresponding tax debt,
Employers are required to
Profit sharing is calculated on reduce tax credits, tax losses or
distribute a share of their profits
pretax income, and the amount eliminate a tax benefit (including
among their employees. The
is deductible as an expense for the restitution of the taxes
rate depends on the company’s
determining income tax. An unduly refunded). To exercise
activity, as follows:
example of the combined-effect powers under the GAAR, Tax
• Fishing — 10% calculation using a 5% profit- Administration must determine
sharing rate is as follows: that the taxpayer has: a)
• Telecom — 10%
performed artificial or improper
• Industry — 10% acts to achieve a specific tax result
• Net income: 100
- whether individual or jointly with
• Mining — 8%, including others; and, b) the use of such
• Profit sharing: 5
exploitation of coal mines; artificial or improper acts creates
production of petroleum and • Net income for CIT purposes: legal or economic results different
natural gas; and extraction of 95 than regular tax savings obtained
iron, uranium, thorium, iron- from the routine or proper acts.
• Income tax (30 * of 95): 28.5
free minerals, construction
stone, clay, talc, sand and • Combined effect: 28.5 + 5 = Despite the aforementioned,
gravel, feldspar and salt. 33.5 (33.5% of net income) recently the government has
suspended the application of the
• Commerce and restaurants — 8% *Tax Rate plus 2% premium General Anti-avoidance Rule, with
aapplicable to upstream oil & exception of the provisions of the
• Other — 5%, including farming,
gas and mining activities. first and last paragraphs, to acts,
stockbreeding and forestry;

150 Tax and legal framework


facts and situations produced prior
to July 19, 2012.
Other tax issues.
Tax Unit (UIT)
The UIT is the reference value
employed for tax purposes to
determine the taxable income,
deductions and penalties, between
others. This value is modified
every year. For the year 2018, the
UIT amounts to PEN S/4,150.00
(US$1,273 aprox.)
Temporary net assets tax
The Temporary Net Assets Tax
(ITAN) is equivalent to 0.40%
of the value of total assets
determined as of December 31st
of the previous year over PEN
S/1,000,000. The amount paid
is usable as credit against the
Corporate Income Tax, or subject
to refund.
Pre-operative entities are exempt
from of this tax, during their first
year of operations, but will be
subject to the tax the following
year.
Tax on financial transactions
A 0.005% tax is generally imposed
on debits and credits in Peruvian
bank accounts.
• Stamp tax
Not applicable.
• Exchange controls
Not applicable.

Tax and legal framework 151


Tax and legal framework

4 Secc C | Special fiscal rules

152
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01
Oil & gas
At a glance
The fiscal regime that applies to the oil & gas industry in Peru consists
of a combination of corporate income tax, royalties and other levies.
Hereunder, we provide a brief char on this matter:

Income Tax rate 29.50%(1)(2)

Hydrocarbon 5% imposed on the value of the hydrocarbons produced


Royalties in certain block

Ring-fence rules and preoperative investment


Capital allowances
amortization
Tax losses can be carried forward for 4 years or
Investment indefinitely; stabilization agreements; VAT recovery;
incentives VAT exemptions on imports of goods for exploration
activities

(1) Oil & gas companies with license or service agreements are subject to a 2%
premium. These 2 points should be added to the current Income Corporate Tax rate,
resulting in an Income Tax rate of 31.5%.

(2) In addition, they must pay a 5% employee profit sharing.

In general terms, oil & gas of hydrocarbon starts) can be


companies are subject to the accumulated in an account. At the
general corporate income tax contractor’s option and regarding
regime; nevertheless, there are each contract, the amount is
certain special tax provisions for amortized using either of the
the oil & gas sector. methods below:
Special rules for
investments in • On the basis of the production
hydrocarbon activities unit.
Hydrocarbon law provides that • Through linear amortization,
exploration and development deducting the expenditures in
expenditures, including the equal portions during a period
investment contractors may of no less than five fiscal
make up to the production date years.
(when the commercial extraction

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Any investments in a contract case (subject to the tax stability


area that did not reach the • Investments for drilling, provisions for contract activities
commercial extraction stage and completing or producing and based on the regular regime
that were totally released, can be start-up wells of any nature, for the related activities or other
accumulated with the same typeof including stratigraphic ones, activities).
investments made in another and excluding acquisition costs
The total income tax amount that
contract that is in the process of surface equipment.
the contractor must pay is the
of commercial extraction. These
• Exploration investments, sum of the amounts calculated
investments are amortized in
including those related to for each contract, for both the
accordance with the amortization
geophysics, geochemistry, related activities and for the other
method chosen in the letter
field geology, gravimetry, activities. The forms to be used
contract.
aerophotographic survey and for tax statements and payments
If the contractor has entered into seismic surveying, processing are determined by the tax
a single contract, the accumulated and interpreting. administration.
investments are charged as a loss
If the contractor has more than
against the results of the contract
one contract, it may offset the
for the year of total release of the
tax losses generated by one or
area for any contract that did not The Manual of Accounting
more contracts against the profits
reach the commercial extraction Procedures to be filed before
resulting from other contracts or
stage, with the exception of Perupetro must detail the
related activities. Likewise, the
investments consisting of accounts considered as
tax losses resulting from related
buildings, power installations, expenditures without any
activities may be offset against
camps, means of communication, recovery value.
the profits from one or more
equipment and other goods that
the contractor keeps or recovers Ring-fence rules for oil & contracts.
to use in the same operations or gas contracts It is possible to choose the
in other operations of a different The contractor determines allocation of tax losses to one or
nature. the tax base and the amount more of the contracts or related
of the tax, separately and for activities that have generated the
Once commercial extraction
each contract. If the contractor profits, provided that the losses
starts, all amounts corresponding
carries out related activities (i.e., are depleted or are compensated
to disbursements with no recovery
activities related to oil & gas, but to the limit of the profits available.
value are deducted as expenses
not carried out under the terms This means that if there is
for the fiscal year. Expenses with
of the contract) or other activities another contract or related
no recovery value occur at the
(i.e., activities not related to oil & activity, the taxpayer can continue
start of commercial extraction for
gas), the contractor is obligated compensating tax losses until they
the following purposes:
to determine the tax base and the are totally used.
amount of tax separately and for A contractor with tax losses from
each activity. one or more contracts or related
The corresponding tax is activities may not offset them
determined based on the income against profits generated by the
tax provisions that apply in each other activities. Furthermore, in

154 Tax and legal framework


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no case may tax losses generated in order to establish the quality minimal percentage of royalty is:
by the other activities be offset and volume of hydrocarbons,
against the profits resulting from according to API (American “R” Factor
Percentage
the contracts or from the related Petroleum Institute) and ASTM of royalty
activities. (American Society for Testing and
• From 0.0 < 1.0 15%
Materials) regulations.
Hydrocarbon Royalty
Based on the scales of production, • From 1.0 < 1.5 20%
As mentioned before, oil & gas
the percentage of royalty is:
exploration and production • From 1.5 > 2.0 25%
activities are conducted under Scales of produc-
license or service contracts Percentage • From 2.0 or
tion (per barrels 35%
granted by the Government. of royalty more
per calendar day)
Under a license contract, the The definitive percentages will
investor pays a royalty, while <5 5%
be negotiated and established in
under a service contract, the each Contract.
Government pays remuneration to 5-100 5% to 20%
the contractor. On the other hand, in the case
> 100 20% of Cumulative Production per
In both cases, however, the Oil Field with price adjustments,
distribution of the economic rent the royalty is calculated based
(royalty or remuneration) between • Economic results (RRE) on a specific percentage per Oil
the Government and the investor Field of a Contract. The royalty
is determined based on the According to this methodology, is adjusted based on two factors:
following methodologies: the royalty percentage is the the cumulative production of
result of adding the fixed royalty each Oil Field and the average
• Production scales percentage of 5% to the variable price per barrel of such
This methodology establishes a royalty percentage. The variable production.
percentage of royalty (or brackets royalty percentage is calculated
of royalties starting at 5 ) over once the ratio between revenues Hydrocarbon royalties paid by
certain scales of production and expenditures, as of the oil & gas companies shall be
(volume of barrels per calendar previous year, is at least 1.15. considered a deductible expense
day) for the fiscalized liquid The variable royalty will be for income tax purposes.
hydrocarbons and the fiscalized applicable in a range between 5%
Incentives
natural gas liquids, and other and 20%.
royalty percentages for the • Relief for losses (consolidation
• Other Methodologies
fiscalized natural gas for each of losses on hydrocarbon
valuation period. “R” Factor and Cumulative activities):
Production per Oil Field with
Note that the fiscalized Tax losses can be carried forward
price adjustments are alternative
hydrocarbons (i.e. liquid and offset against net income
methodologies. In the case of “R”
hydrocarbons, natural gas, etc.) derived in future fiscal years.
Factor, the royalty is calculated
means those produced and by applying a ratio between The provisions currently in force
measured in a specific fiscalized revenues and expenditures within require the taxpayer to elect one
production point set between a certain period established in the of the following procedures to
the investor and the Government contract. For these purposes, the offset the tax losses:

156 Tax and legal framework


of a block “freezes” the tax regime in force at the date in which the
• Offset the total net tax losses contract is signed for the entire contract applicable term. Taxes
from Peruvian sources covered by this provision are the taxes in which the responsibility rests
incurred in a tax year against on the contractor as a taxpayer.
net income derived in the
Specifically, tax stability covers the following:
four fiscal years following its
generation. The amount of
losses not offset after this • Income Tax, but an additional two percentage points must be
term is cancelled. applicable to the rate in force at the signing date (i.e. current
• Offset the total net tax losses Income Tax rate of 29.5% plus 2%). Taxes that affect profit
from Peruvian sources distributions arising from the contract activities (i.e., dividend
obtained in the tax year tax or branch profits tax) are also covered by the tax stability.
against 50% of the net income • Indirect taxes (Value Added Tax, Municipal Promotion Tax, and
obtained in the following Selective Consumption Tax), but only as to its transferable
years, without limitation. nature.
• Tax exemptions and other tax benefits, but subject to the term
and conditions established in the provision that contain such
The election should be made benefits.
when the annual income tax
• Tax recovery regimes, temporal admission regimes, export
return is filed and it cannot be
regimes and other related.
changed until the accumulated
losses are fully utilized.
Loss carrybacks are not allowed.
It is important to note that tax
• Special incentives for
hydrocarbon investors: stability is, in essence, granted Peru’s tax system
Stability regime
for the contract activities and
not directly for the entities that
has included
The Organic Law for
signed the contract. Therefore, certain specific
changes in the contractor’s
Hydrocarbons and the related
tax regulations foresee that the
ownership will not affect the tax rules for oil &
signing of an oil & gas agreement
stability. The tax stability only
covers the contract activities (i.e., gas companies
implies the guarantee that the
tax regime in effect at the date
the exploration and exploitation
of hydrocarbons) and no other
(ring fence
of signature will not be changed
during the life of the contract.
related or distinct activities rules, expense
that may be performed by the
This is intended to preserve the
economy of the contract so that
legal entity (e.g., downstream amortization,
no further tax costs are created
activities). Revenues obtained
from the sale or exports of
etc.)
for the contractors.
the extracted hydrocarbon are
The signing of an agreement for included in the activities covered
the exploration or exploitation with tax stability.

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• Special custom duties: Temporary importation


VAT exemptions on import of Goods required for the execution
goods for the exploration phase of hydrocarbon contracts may be
brought into Peru on a temporary
The import of goods and
basis for a period of 2 years
supplies required for carrying
without the payment of duty or
out exploration activities in the
taxes and re-exported afterwards
exploration phase is exempted
in the same state as they were
from all taxes. The list of goods
at import. This term can be
to which this exemption applies
extended for a one-year period,
is published by the Ministry of
up to two times.
Economy and Finances (MEF).
There are conditions placed on
This exemption will not be
temporary imports. The most
applicable if the imported goods
important condition is that you
are used in other activities rather
export the goods within the time
than exploration or if they are
limits approved. In addition, a
sold to third parties, unless:
guarantee needs to be filed at the
time of import.
• They are sold or delivered The guarantee is an amount equal been introduced regarding the
to third parties for use in to the duty and taxes that would goods affected by the Selective
exploration activities. have been payable at import, plus Consumption Tax –among
compensatory interests. If the them fuels- and the applicable
• They are re-exported with
goods are not exported within tax rates. These modifications
the previous authorization of
Perupetro. the time limit you will have to became effective the day after
pay an amount equal to the duty they were published.
• They are used in exploration and taxes that would have been
activities during the In the case of fuels, the
payable when you first imported modifications were approved
exploration phase of another the goods, as if the goods had
hydrocarbon contract for the taking into account the Index of
not been treated as temporary Noxiousness of Fuels prepared
same contractor. imports, plus interests. by the Ministry of Environment,
• They are sold or delivered in order to discourage the
to a company authorized to
Selective Consumption Tax
consumption of fuels that pollute
import those goods free from (ISC) the most and encourage the
all taxes. It is important to On May 9, 2018, Supreme substitution of less polluting
mention that this must be Decrees approved by the ones, and the use of cleaner
previously communicated to Ministry of Economy and Finance technologies. Users must pay
the Customs Administration. were published, by means more taxes for using one fuel
of which modifications have more polluting than another.

158 Tax and legal framework


Selective Consumption Tax applicable to fuels
US$per
Tariff heading Products S/ per gallon
gallon*
2701.11.00.00 Anthacites for energetic use 51.72 (per ton) 170.16
2701.12.00.00-
Bituminous coal for energetic use, and other coals 55.19 (per ton) 181.58
2701.19.00.00
2710.12.13.10
2710.12.19.00 Gasoline for motors with Research Octane Number (RON) less
1.27 0.39
2710.12.20.00 than 84
2710.20.00.90
2710.12.13.21
2710.12.19.00 Gasoline for engines with RON equal or over 84, but less than
1.22 0.37
2710.12.20.00 90, and with 7.8% volume of fuel alcohol
2710.20.00.90
2710.12.13.29
2710.12.19.00
Gasoline with RON equal or over 84, but less than 90 1.27 0.39
2710.12.20.00
2710.20.00.90
2710.12.13.31
2710.12.19.00 Gasoline for engines with RON equal or over 90, but less than
1.16 0.35
2710.12.20.00 95, and with 7.8% volume of fuel alcohol
2710.20.00.90
2710.12.13.39
2710.12.19.00
Other fuels with RON over or equal to 90 but less than 95 1.21 0.37
2710.12.20.00
2710.20.00.90
2710.12.13.41
2710.12.19.00 Gasoline for engines with RON equal or above 95, but less than
1.13 0.34
2710.11.20.00 97, and with 7.8% volume of fuel alcohol
2710.20.00.90
2710.12.13.49
2710.12.19.00
Other fuels with RON over or equal to 95 but less than 97 1.17 0.36
2710.12.20.00
2710.20.00.90
2710.12.13.51
2710.12.19.00 Gasoline with RON equal or above 97 and engines with 7.8%
1.13 0.34
2710.1.20.00 volume of fuel alcohol
2710.20.00.90
2710.12.13.59
2710.12.19.00
Other fuels with RON equal or above 97 1.17 0.36
2710.12.20.00
2710.20.00.90

2710.19.14.00 / Kerosene and Jet Fuels (Turbo A1), except certain sales in the
1.93 0.59
2710.19.15.90 country or imports for airships.
2710.19.21.10 /
Gasoils, except Diesel B2 1.47 0.45
2710.19.21.90
2710.19.21.11 /
Gasoils 1.58 0.48
2710.19.21.99

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US$per
Tariff heading Products S/ per gallon
gallon*
2710.19.21.11 /
Rest of gasoils, except Diesel B2 and Diesel B5 1.26 0.38
2710.19.21.99
2710.19.21.20 Diesel B2 1.44 0.44
2710.19.21.21 Diesel B2 with sulfur content equal or below 50 ppm 1.04 0.32
2710.19.21.29 Rest of Diesel B2 1.24 0.38
2710.19.21.31 Diesel B5 with sulfur content equal or below 50 ppm 1.01 0.31
2710.19.21.39 Rest of Diesel B5 1.20 0.36
Residual 6, except sales in the country or imports by certified
2710.19.22.10 0.92 0.28
seacraft fuel marketers.
2710.19.22.90 Other fuels 1.00 0.30
2710.20.00.11 Diesel B2 with sulfur content equal or below 50 ppm 1.70 0.52

2710.20.00.12 / Diesel B5 and Diesel B20 with sulfur content equal or below
1.49 0.45
2710.20.00.13 50 ppm
2710.20.00.19 Other mixes of Diesel B2 with Biodiesel B 100 1.70 0.52
2711.12.00.00 /
Liquefied Oil Gas 0.00 0.00
2711.19.00.00

*US$1 = S/3.29

160 Tax and legal framework


• Reimbursement on oil products • OEFA Contribution Its financing sources come from
acquisitions: the great electricity consumers
Oil & gas companies that import
(mining and industry, mainly),
Oil & gas companies located in or produce fuel, including
natural gas transport service
the region of Madre de Dios can liquefied petroleum gases, or
through pipelines (Camisea), and
obtain a reimbursement on the carry
production and imports of fuels.
ISC that levied their oil products
out transport and distribution The hydrocarbon and electricity
acquisitions.
activities should pay this companies, which carry out these
In both cases, oil & gas companies contribution to the Enviromental activities, are responsible for
should be located in the Audit and Evaluation Agency collecting these contributions
mentioned regions, be registered (OEFA). The rate of this and transferring them to the
in the Public Registry of such contribution for years 2017- Supervisory Body of Private
location, and must have more 2019 is 0.09% (for import or Investment in Energy and Mines
than 70% of its shares and/or production activities) and 0.11% (OSINERGMIN).
activities in the Amazon region. (for transport and distribution
OSINERGIM is the entity in charge
These requirements do not apply activities) applied on their
of managing these contributions.
to oil & gas extractor and refining monthly billing after deducting
The FISE contribution can
companies. VAT.
be executed in any of the
Special Contributions • FISE Contribution aforementioned goal through a
myriad of diverse energy projects
• Osinergmin Contribution The Energetic Social Inclusion established by the Energy and
Fund (FISE) is a fund established Mines Ministry.
Oil & gas companies that import by the Peruvian State, which
or produce fuels, including originally worked as a mechanism Recently, the Government issued
liquefied petroleum gases to promote the inclusion of the Legislative Decree No. 1331,
and natural gas, or carry out population in need to the supply by means of which it added
transportation and distribution of energy, with the following dispositions in order to expand
activities should pay this objectives: the application of FISE goals.
contribution to the Supervisory
Body of Private Investment in 1. To massify natural gas for Certainly, with the implementation
Energy and Mines (OSINERGMIN). housing and vehicle purposes of those dispositions, funds from
The rate of this contribution FISE could now be used to finance
2. Extend the energy frontier by connections to the gas supply
is 0.36 % for 2017, 0.35 % for the use of renewable energy
2018 and 0.34% for 2019 (for that may be available by new
import or production activities) 3. Generate access to LPG to distribution concessions.
and 0.57% for 2017, 0.56% vulnerable sectors of the In this way, natural gas
for 2018 and 0.55% for 2019 population distribution concessions through
(for transport and distribution pipelines could benefit from
4. Work as a compensation
activities), applied on their FISE by the promotion of gas
mechanism related to
monthly billing after deducting connections subsidized with funds
residential electricity
VAT. from the latter.

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02
Energy
In general terms, electricity that have a construction period
companies are subject to the between one year and a year and
general corporate income tax a half and average investment
regime described previously; cost of US$0.4 million per MW,
nevertheless, there are certain which makes the hydroelectric
special tax provisions for the plants a long-term business.
electricity generation with water
On average, a large hydroelectric
resources and other renewable
plant operates only in the sixth
resources. In addition, certain
year in order to obtain profits
benefits have been approved for
from the sale of electricity,
holders of geothermal resources
however, gas thermal power
concessions.
plants begin to make their
All these special rules have been business profitable in two years
approved in the framework of from the beginning of the
the energy matrix diversification investment. Thus, a hydroelectric
policy, articulating the power station has a construction
instruments of environmental time and an investment cost
management with the promotion three times greater than that
and development of a low carbon of thermal power plants. This
economy, promoting relations situation required the creation
and coherence between the of fiscal incentives to guide
regulatory policy of clean energy investment in the construction
use in development of any private of hydroelectric power plants,
initiative and the tax policy. instead of thermal power plants.

Accelerated Considering that investors make


decisions evaluating lower
depreciation benefit costs and shorter periods of
investment recovery, the benefit
The generation of electricity
of accelerated depreciation was
with renewable resources
approved in 2008 for projects
such as, hydroelectricity is
that use renewable energy as
characterized by low production
source for generating electricity.
costs (operating stage) but
very high investment costs Legislative Decree No. 1058
(construction stage), compared provides that accelerated
to other types of technologies. depreciation shall be applicable
Certainly, the large hydroelectric to the machinery, equipment
plants have a construction and civil works necessary for the
period that on average is 4 to installation and operation of the
5 years and an investment cost plant, which are acquired and / or
per MW of installed power quite constructed. For these purposes,
expensive, between US$1.2 the annual depreciation rate will
to 1.4 million, compared with be no greater than 20% as annual
other technologies such as the global rate, and the rate may be
natural gas thermoelectric plants changed annually by the holder

162 Tax and legal framework


The benefit of accelerated
depreciation was approved
for renewable energy
projects.

of the generation concession When these holders are branches Ring fence rules for
prior communication to the Tax of companies incorporated activities of exploration or
Administration (SUNAT). abroad, the income tax will only
exploitation of geothermal
be collected on their taxable
This benefit will be valid until
income from a Peruvian source. resources
December 31, 2025.
Stability regime The holders of authorizations
Guarantees The State guarantees to the
and concessions that carry
out activities of exploration
of investment holders of geothermal rights that or exploitation of geothermal
the tax regime in force at the
promotion in moment that the authorizations
resources, in more than one
concession contract and that also
geothermal are granted or the contracts develop other activities related
for the geothermal resources
resources concession are signed, will
to geothermal resources and
related energy activities, will
The only renewable resource remain unchanged during the determine the results of each
that has a special promotion validity of the same for the exercise independently by each
law is geothermal energy. Law purposes of each authorization contract and for each activity for
No. 26848 and its Regulations or concession contract. As in the the purpose of calculating the
establish special rules for oil industry, taxes covered by this income tax.
holders of geothermal resources provision are the taxes in which
the responsibility rests on the If one or more concession
concessions, which are pretty
contractor as a taxpayer. contracts or activities generate
similar to the fiscal rules provided
carryover losses, these may be
for oil operations described
compensated with the profit
above.

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generated by another or other Once commercial exploitation Holders of geothermal rights may
concession contracts or related starts, all items corresponding to not export the goods entered
activities, at the option of the expenses that have no recovery under the exemption regime
concessionaire. This means that value will be deducted as an described before, nor may they
if there is another contract or expense for the year. The wear be used for other purposes,
related activity, the taxpayer can that suffered depreciable assets except as provided in the General
continue compensating tax losses will be compensated through the Customs Law and its regulations.
until they are totally used. deduction of penalties that will
The corresponding tax is
be computed annually, according Special
to the common system of income
determined based on the income
tax, on the date of subscription of Contributions
tax provisions that apply in each
each contract. Osinergmin Contribution
case (subject to the tax stability
provisions for contract activities The expenses for services Electricity companies that
and based on the regular regime rendered by non-domiciled are holders of generation,
for the related activities or other entities shall be deductible from transmission and distribution
activities). income tax subject to compliance concessions of electric power,
with the requirements established as well as of the entities that
Investments amortization in the respective regulations. exclusively develop generation
Exploration expenses, as well activities through authorization,
Note that the investments made
as the investments made by should pay this contribution to
in a concession contract, in which
concession holders until the the Supervisory Body of Private
the commercial exploitation stage
date on which the commercial Investment in Energy and Mines
has not been reached, can be
exploitation of the geothermal (OSINERGMIN). The rate of this
accumulated to the same type
resources begins, including contribution is 0.52 % for 2017,
of investments made in another
the cost of the wells, will be 0.51% for 2018 and 0.50% for
contract in which this stage has
accumulated in an account whose 2019, applied on their monthly
been reached and the total will be
amount, at the option of the billing after deducting VAT.
amortized in accordance with the
owner and for each contract,
amortization method chosen in
will be amortized based on the OEFA Contribution
the contract.
production unit; or by linear
Electricity companies that
amortization, deducting them in Special custom duties: are holders of generation,
equal portions, for a period of not Importation transmission and distribution
less than five years per year.
concessions of electric power,
The importation of goods
The concession contract must as well as of the entities that
and supplies required by the
specify the amortization method exclusively develop generation
holders of geothermal resources
used by the owner, which can activities through authorization,
authorizations for exploration
not be varied. In the case of should pay this contribution
activities, are exempt from all
opting for the linear amortization to the Enviromental Audit and
taxes, including those that require
method, the period in which the Evaluation Agency (OEFA). The
express mention, for the duration
amortization will be made must rate of this contribution for years
of such authorization, according
be agreed in the same contract. 2017-2019 Is 0.11 % applied
to the list of goods to be approved
The depreciation made by the on their monthly billing after
by Supreme Decree.
holders must be communicated to deducting VAT.
the Tax Administration (SUNAT).

164 Tax and legal framework


FISE Contribution or the one that later replaces it.

As we described for the oil Its financing source comes from


industry, FISE is a national fund a surcharge on the monthly
for promoting the inclusion of billing of power, energy and
the population in need to the fixed monthly charges invoiced
supply of energy, whose financial to public electricity service
incomes come from the surcharge users of the interconnected
on the monthly billing of the great systems not included in the
electricity consumers (mining scope of FOSE beneficiaries. This
and industry, mainly). Thus, the surcharge will be established
companies that provide electricity based on a percentage that
to this group of consumers are will be determined by the
responsible for collecting these Supervisory Body of Private
contributions and transferring Investment in Energy and Mines
them to the Supervisory Body of (OSINERGMIN) based on the
Private Investment in Energy and sales projection of the following
Mines (OSINERGMIN). period. OSINERGMIN is the entity
in charge of managing these
FOSE Contribution contributions.
The Electric Social Compensation The electricity distribution
Fund (FOSE) is aimed at allowing companies must present to
access and permanence OSINERGMIN a detailed monthly
of electricity service to all settlement of the surcharge
residential users of the public for FOSE transferred to energy
electricity service whose monthly consumers because they are the
consumption is less than 100 responsible for collecting these
kilowatt hours per month included contributions and transferring
in the BT5 tariff, residential tariff them to OSINERGMIN.

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Miscellaneous matters

166 Miscellaneous matters


Peru's oil & gas investment guide 2018 - 2019

01
Labor
legislation Hiring personnel Termination of
Indefinite term contracts are employment
the legal default scheme for
hiring in Peru, although as an
contract
exception, fixed term contracts In accordance with the Peruvian
can also be signed. The fixed Legislation, employees are
term contracts require an protected against arbitrary
objective cause established by dismissal.
the law to enter into this type
In the event of unjustified
of contracts (for example, start
dismissal, an employee may claim
up of a new business, works or
a severance payment equivalent
specific services, substitution,
to one and a half months salary
etc.) and its validity is subject to
per year of service (under an
compliance with certain formal
indefinite term working contract);
requirements.
or, one and a half months salary
These contracts provide per pending month (under a
employees with all the rights and fixed term work contract).The
benefits granted to employees maximum severance payment
hired for an indefinite term. is twelve salaries. Alternatively,
the employee can claim the
There are also other types
restitution to the same job he
of hiring schemes that grant
had. The law allows collective
different benefits, such as Labor
dismissals under certain
Training Modalities or the Law
circumstances such as acts of
that Promotes Youth Access
God or force majeure, financial
to the Labor Market and Social
or technical streamlining,
Protection, among others.
dissolution, bankruptcy or
The trial period is counted operating downsizing without
from the first day of the labor having to grant the severance
relationship and must have payment.
a maximum term of: i) three
months for all employees Employees’ benefits
in general; ii) six months
Employers are required to provide
for qualified or confident
the following
personnel, and iii) 12 months for
management personnel. benefits for employees:
Once this period is completed, • Family allowance: equivalent
the employees are regarded to 10% of the Minimum salary
as permanent and can only be (PEN S/ 85 since May, 2016).
dismissed under circumstances
concerned with their behavior at • Vacation: equivalent to 30
work or their ability to carry out calendar days of paid rest.
their duties.

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• Legal bonuses: 2 bonuses per system (named EsSalud in employer on a voluntary basis
year, one paid in July and one in Peru), which provides health to employees that have three
December, each one equivalent care services and pay subsidies months of service. The premium
to one monthly salary approx. in case of employee disability. depends on the number of
Additional Extraordinary Bonus It is collected by the Peruvian insured employees, the risk of
equal to 9% of the legal bonus Tax Administration (SUNAT). the work they carry out, and in
must be paid. The amount contributed is general, on the terms agreed
equal to 9% of the employee’s with the insurance company.
• Compensation for Time of
remuneration.
Services (CTS): equivalent to • High Risk Labor Insurance
approximately 1.16 months’ • If the company provides health (SCTR): This is a mandatory
salary per year. 50% has to coverage to its employees using insurance to be paid by
be deposited in May and the its own resources or through an companies whose activities
remaining 50% in November, EPS (in Spanish, the acronym have a certain level of risk,
in the bank elected by the means Entidad Prestadora de such as fishing, construction,
employee. Salud) it can request a credit of air transport, manufacturing,
up to 25% of the Health Care among others described in
• Profit sharing: the amount to be
contribution, subject to certain Appendix 5 of Supreme Decree
distributed ranges between 5%
limits established by law. No. 009-97-SA and provides
and 10% of the taxable income,
additional coverage for health
depending on the activity of the • Pension System Contribution:
and pension plans. The contract
employer. This benefit does not The employee can alternatively
for health services may be
apply to companies employing join the Government Pension
entered with EsSALUD or with
less than 20 individuals. System (GPS) or the Private
a Private Health Care Provider
Pension System (PPS). In
All these benefits are deductible (EPS); a contract for the pension
the GPS, the employee must
for corporate income tax coverage can be entered with
make contributions equal to
purposes. the Government Agency for
13% of his remuneration. In
Pension Fund (ONP, due to its
Employers can negotiate a the PPS, the employee has
acronym in Spanish) or with
total annual compensation to make contributions equal
a private insurance company.
that includes all the benefits to an average of 12% of his
The rates depend on the type of
described above, except for monthly remuneration paid
activity and/or the terms agreed
the profit sharing, in a fixed in cash. Regardless of the
on with the insurance entity.
monthly installment, as long as system chosen by the employee
the employees earn a monthly (GPS or PPS), the employer • Other contributions: Additional
salary higher than 2 tax units is responsible to withhold contributions are applicable
(PEN S/8,300 during 2018, employees’ contributions from based on the company’s
approximately US$2,515). their salaries. activities, such as the
Complementary Retirement
• Mandatory Life Insurance:
Social contributions This is a mandatory insurance
Fund, which applies to mining,
metal and steel companies;
• Health Care Contribution: paid for employees with four
among other contributions.
This contribution is paid by years of services with the same
the employer and its purpose employer. It is also possible
is to finance the social health for it to be granted by the

168 Miscellaneous matters


Expatriates
Foreign individuals that enter Immigration
into Peru to perform dependent Foreigners can enter Peru under the following migratory
activities for a local employer qualifications, among others:
need to submit their work
contract for approval to the Labor Visa Rate Tax bases
Authorities, and obtain their work
visa. These employees have the This visa does not allow the holder to
right to receive the same labor perform paid activities.
benefits as Peruvian employees, This visa does not allow the holder
Tourist visa Temporary to perform activities that can be
and are subject to the same considerate Peruvian source income.
taxes and contributions. As a This visa allows the expatriate to sign
general rule, foreign employees contracts.
should not exceed 20% of total
This visa allows the holder to work in
personnel. Additionally, wages
Peru. In the case of a work contract
paid to foreign employees Business
Temporary with a Peruvian company. It should
should not exceed 30% of total visa
be duly registered / approved by the
payroll cost. Such limits can labor ministry.
be waived for professionals This visa allows the holder to work in
and specialized technicians or Peru. (as dependent or independent).
management personnel of a new In the case of a work contract with a
Work visa Temporary
entrepreneurial activity or in Peruvian company, it should be duly
case of a business reconversion, registered / approved by the labor
among others. ministry.
This is a visa that applies to an
No restrictions apply to foreign employee of a foreign company.
individuals working in Peru The service agreement and
with Peruvian immigrant visa, assignment letter must be submitted
individuals married to Peruvians Designated
Resident or
to the migratory authority. Those
or having Peruvian children, employee documents must be legalized by the
Temporary
parents or siblings and foreign visa Peruvian consulate and the Peruvian
foreign minister. In order to obtain
investors with a permanent the Designated resident visa, the
investment in Peru of at least documents will need to granted for an
US$151,060 (PEN 500,000.00). assignment of a minimum of 1 year.
Bear in mind that foreigner
Visa for
cannot support investment independent
through share transfer. This also Resident Investment or independent work.
foreign
applies to Spanish citizens and national
countries members of the CAN,
This visa is granted to foreign
which is a regional organization nationals who get into the country
that aims Andean Integration of Immigrant Resident
with purpose to develop activities on
their members such as Bolivia, a permanent basis in Peru.
Ecuador, Colombia and Peru and
citizens of Mercosur members or
associates.

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Individual taxes
Immigration According to the Peruvian Income
Also, the following migratory qualifications are currently Tax Law, the compensation
available, among others: received for services rendered
within Peruvian territory will be
Visa Type Activities considered as Peruvian Source
Income regardless of the location
of the entity or individual that is
This visa allows the holder to study paying the income. Hence, the
Resident or in Peruvian institutions or to be an salary received by the employees
Training
Temporary intern in a Peruvian company in or the expatriate for services
activities related to his career. rendered in Peru will be the
taxable basis for Peruvian Income
Tax.
This visa allows the holder to
establish, develop or manage It must be noted that the
Investor Resident
employers will be liable to
investments according to Peruvian
law. withhold and remit to the Tax
Authorities the employee’s
This visa is for foreigners with income tax. For such purpose, it
knowledge and experience in must determine the employee’s
Resident or science and technology fields, income tax debt and withhold the
Investigation Temporary that comes to Peru through the
National Authority in Science and
appropriate amount on a monthly
Technology. They are allowed to basis, and pay the income tax
work. to the Tax Authorities, based
on the tax resident condition of
This visa is for foreigners from the individuals and procedure
countries that have international established by law.
International treaties and agreements with Peru
Agreements Temporary on immigration matters. With the In case the employee is
(Ex. Mercosur) possibility to apply to a permanent considered as non resident for tax
visa 90 days prior the expiration of purposes, a fixed tax rate of 30%
the residency.
will be applicable over the salary
received for his work in Peru,
This visa is for foreigners who
had been residents for a period of
as of the first day of service,
Permanent Permanent three years with economic support regardless where of it is paid.
by their own or a family member
In the case of tax residents,
(Peruvian or foreigner resident).
apply a five bracket accumulative
income tax rate: 8% (for the first

170 Miscellaneous matters


PEN S/ 20,750), 14% (from would not be taxed for revenues
S/20,751 to S/83,000), 17% obtained in their home country,
(from S/83,001 to S/145,250), since they are not considered as
20% (from S/145,251 to Peruvian source income:
S/186,750) and 30% rate to
• Acts that precede a foreign
excess of more than S/186,750.
investment or any other
Note that the tax unit used in
business.
fiscal year 2018 is S/4,150.
• Supervision or control of an
In addition to the 7 tax units
investment or business (i.e.
deduction to be applied on the
gathering data or information,
residents gross income, as of
meeting public or private sector
year 2017, an additional 3 Tax
personnel, etc.)
Units can be deduced, subject to
specific limits and requirements, • Hiring local personnel.
for expenses incurred due
to lease/sublease contracts, • Signing agreements or similar
mortgage interest credit for the documents.
first home, professional fees for If foreigners come from countries
doctors and dentist, payments for that have agreements with Peru
services rendered that qualify as in order to avoid double taxation
self-employed retribution (fourth (Chile, Canada, Brazil, Mexico,
category income) for specific South Korea, Switzerland and
professionals and payments made Portugal) or countries from the
to EsSalud in favor of domestic Andean Community (Ecuador,
workers, if reported through an Colombia and Bolivia) other tax
Annual Income Tax Return. regulations may apply.
It is important to mention that Finally, notice that domiciled
all the expenses mentioned individuals will be liable to file
above have to be paid through a tax return, provided they
payment methods approved by receive income other than
Tax Administration, that is to employment income and the law
say, through the financial system establishes such obligation (i.e. a
in bank transfers, credit and/or domiciled individual who receives
debit cards payments (not cash). remuneration and interest from
In the case of taxing non- a bank account abroad). Hence,
resident individuals entering the there is no obligation to file a tax
country temporarily to perform return if domiciled individuals
the following activities, they receive only employment income.

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02
Accounting
standards The Peruvian Business Companies supervised by
Corporation Act (LGS) establishes this institution must issue
that the financial statements their financial statements in
of companies incorporated in accordance with the International
Peru must follow the general Financial Reporting Standrads
accounting principles accepted (IFRS), issued by IASB; they are
in Peru and other applicable as effective in Peru as they are
legal provisions. The Peruvian worldwide.
Accounting Standards Board
The annual financial information
(CNC) has established that the
given by companies supervised
general accounting principles
by the SMV must be audited and
are the standards issued by
include the previous year for
the International Accounting
comparative purposes. Quarterly
Standards Board (IASB) and the
reports do not need to be audited.
specific provisions approved for
The audit must be conducted
particular businesses (banks,
according to regulations of
insurance companies, etc.).
the International Auditing and
Likewise, on a supplementary
Assurance Standards issued by
basis, the U.S. - General
the International Federation of
Accounting Principles (GAAPs)
Accountants (IFAC).
are applicable.
The Peruvian Accounting
Standards Board (CNC) is
responsible for issuing the
accounting standards and
methodologies that apply to both
private business and government
entities. The CNC adheres to the
standards approved by the IASB,
which are explicitly approved
by the CNC and published in
the official gazette El Peruano,
indicating their date of approval.
Companies that issue debt or
shares in the capital market
are subject to regulation by the
Stock Exchange Superintendency
(SMV).

172 Miscellaneous matters


Miscellaneous matters 173
Peru's oil & gas investment guide 2018 - 2019

03
Environmental
obligations According to the regulation the imposition of right of way;
of the Environmental Impact distribution of electricity as a
Assessment System (SEIA), all public electricity service, when the
public, private or mixed capital demand exceeds 500 Kw; and the
investment projects that involve generation of electrical energy
activities, constructions, works with renewable energy resources
and other commercial and with installed power greater than
service activities that may cause 500 Kw.
significant negative environmental
If any of the aforementioned
impacts must necessarily have
activities resulted in an extension
an environmental certification,
of their scope after the EIA
prior to their execution. These
was already approved, the
projects can not be initiated and
environmental obligations of the
no national, regional or local
investor vary according to the
authority can approve, authorize,
environmental significance of the
allow, grant or enable them if
proposed modification. In the case
they do not previously have an
of the hydrocarbon sector, the EIA
environmental certification,
approved should be subject to a
being within the scope of this
modification process that requires
regulation the activities related
fulfilling more or less the same
to hydrocarbons and electricity
steps for a new EIA; however, with
projects.
the publication of the Supreme
In this sense, specific rules were Decree No. 054-2013-PCM the
approved for the hydrocarbons Sustainability Technical Reports
activities (Supreme Decree No. was created as an expeditious
039-2014-EM) and electrical mechanism for the approval of
activities (Supreme Decree No. minor changes to the activity
029-94-EM). In the case of the granted in concession. In the
hydrocarbon sector, the investors case of the electricity sector, the
must present an Environmental approval of a new EIA is required if
Impact Assessment (EIA) before the change in the activity granted
executing exploration and in concession implies an expansion
exploitation activities. In the of its facilities in more than fifty
case of the electricity sector, the percent of its installed capacity
investors must present a EIA when and / or an increase in twenty-
requesting a definitive concession, five percent of its current level of
that is when they are dealing with emissions and / or involving the
electric generation activities that use of new areas.
use hydraulic resources with an
The EIA is a crucial document
installed power greater than 500
that incorporates technical,
Kw; transmission of electrical
environmental and important
energy, when the facilities affect
social matters that contribute to
state property and / or require

174 Miscellaneous matters


the evaluation and determination develop the following types of EIA: to a period of evaluation by the
of the necessary mechanisms for competent authority.
• Environmental Impact
preventing, minimizing, mitigating
Statement (EIS): If the negative For a long time, the competent
and remediation of the possible
environmental impact is authority to evaluate the EIA was
negative environmental impacts
qualified as not significant, a the Ministry of Energy and Mines
that the hydrocarbon or electrical
sworn statement is presented (MINEM). However, for increasing
activities will trigger.
and its approval is almost the trust of the population in the
That is why a relevant aspect immediate. evaluation of the EIA, the more
of this is participation of the complex studies are evaluated for
• Semi detailed Environmental
population that inhabits the area the Environmental Certification
Impact Assessment (EIA-sd):
of influence of the project, which National Service for Sustainable
If the negative environmental
may be affected by the impacts Investment (SENACE) since
impact is qualified as moderate
that could occur in its context that December of 2015. This means
and liable to be eliminated or
can produce a variation of their that EIS and EIA-sd are still
minimized by adopting easily
living conditions. This participation evaluated by the MINEM, and
applicable measures, a study
must occur effectively through EIA-d are evaluated by SENACE.
should be present subject to
informative workshops in non-
a period of evaluation by the The principal advantages of the
technical language where the main
competent authority. creation of SENACE is that a lot
aspects of the project are detailed,
of environmental authorization
and through a public hearing • Detailed Environmental Impact
could be obtained in one single
where agreements are established Assessment (EIA-d): If the
process when the EIA is presented
between the investors and the negative environmental impact
(global certification process),
members that represent the is qualified as significant due to
manage a National Registry of
communities in order to reconcile the characteristics, size and / or
Environmental Consultant that
interests. relocation that the project can
can help the investor and whose
produce, a study is required that
Bear in mind that depending on work is documented, and qualified
involves in-depth analysis to
the magnitude of the impact that people in social matters and with
review its impacts and propose
the hydrocarbon or electrical more technical understanding
the management strategy. The
activity will produce in the guide the evaluation process of
study should be present subject
environment, the investor could the EIA presented.

Miscellaneous matters 175


Peru's oil & gas investment guide 2018 - 2019

04
Prior
consultation In order to start an investment of the community if –for example-
project which may require the concessions granted could impact
utilization of natural resources, their life in a negative way.
the investor must evaluate if the
This process is meant not only
area of the future project will
to protect the rights of the
be located between lands of an
indigenous people, but also to
indigenous community, or near
prevent eventual social conflicts
to these lands, because special
in the investment projects
regulations exist in our country in
that may affect them directly.
order to protect the rights of the
Hence, this legal instrument’s
indigenous community.
goal is aimed towards achieving
In the 90s, Peru endorsed consensus between the promoting
Convention No. 169 of the entities, such as the Presidency
International Labor Organization, of the Cabinet, Ministries or
through which the recognition Administrative Organisms, and
of indigenous community as the indigenous or native peoples’
a vulnerable group makes it representatives.
an internal regulation of the
In the case of hydrocarbon
country to integrate a special
and energy projects, the
right to be consulted in favor of
General Bureau of Energetic
these communities. Indigenous
Environmental Affairs of the
people have the right to be
Ministry of Energy and Mines has
consulted about any legislative
been chosen as the authority
or administrative measure that
responsible to conduct the
can disturb their life conditions in
administrative proceedings that
connection with the use of their
are part of the Prior Consultation.
lands.
In the case of hydrocarbons, the
Moreover, Law No. 29785, Law of timing to develop this process
the Indigenous and Native Peoples by the competent authority
Right to Prior Consultation, and is prior to the issuance of the
its Regulations approved by Supreme Decree approving the
Supreme Decree No. 001-2012- subscription of Contracts for
2012-MC, recognize this special Exploration and Exploitation
right of indigenous people that is (Ministerial Resolution No. 209-
different than the regular citizen 2015-MEM/DM), however, it could
participation. The Government be considered an early stage for
as an obligation and/or the informing the community about
community as a right may require the real magnitude of the project
following a process of consultation because it is before the grant of
for integrating the considerations the concession.

176 Miscellaneous matters


In the case of electricity, there is It must be noted that if a
no special rule but the process consensus is not met in the
is usually carried out after the last stage of the process, the
concession is granted and in promoting entities will do their
parallel with the elaboration best effort in order to adapt
of the Environmental Impact the legislative or administrative
Assessment, in order to integrate means so that it guarantees the
all the opinions and observations indigenous peoples’ rights and
of the community in the study the improvement of their living
and the investor will be in a better conditions. Thus, the lack of
position to inform about all the consensus does not imply a veto
impacts analyzed in connection right in favor of the latter.
with the project.
The decision must take into
Now, the prior consultation consideration the following
process has seven stages, which aspects: (i) Be in accordance to the
are: promoting entity’s competences;
(ii) respect the Constitutional
(i) Identification of the legislative
and legal frame; (iii) comply with
or administrative mean matter
the environmental legislation;
of consultation.
(iv) preserve the survival of the
(ii) Identification of the indigenous peoples and their
indigenous peoples and their collective rights; (v) guarantee
representative organizations. communal property and land
rights of the indigenous peoples.
(iii) Publicity of the legislative or
administrative mean matter of Once a decision is reached, a
consultation. report of the process is submitted
to the Interculture Viceministry,
(iv) Information. which is the public entity in charge
(v) Internal evaluation by the of supervising the full process.
indigenous peoples. As of December 31, 2017, 34
prior consultation processes have
(vi) Dialogue between the taken place. More than ten of
Government and indigenous them are directly related to the
peoples. hydrocarbons industry, and just
(vii) Decision. two of them are related to the
electricity industry.

Miscellaneous matters 177


Peru's oil & gas investment guide 2018 - 2019

05
Anti-
corruption
regulations
Since 2016, Peru has the specific for entering into Public-Private
Law No. 30424 that regulates the Partnership contracts. This type of
administrative responsibility of contract could not be celebrated
corporations in case of corruption by persons convicted, in the
crimes stated in the Criminal Law. country or abroad, or who, directly
This Law establishes the scope of or through their representatives,
the responsibility of corporations had admitted the commission
for actions that its partners, of corruption crimes, the same
directors, managers and other limitation being applicable
empowered related subjects may to legal persons whose legal
have done on its behalf or for its representatives or related persons
benefit. would have been convicted or
had admitted the commission of
In case of guilt, according to this
corruption offenses.
Law, corporations are subject
to fees, become disqualified In addition, Emergency Decree
entities when contracting with the No. 003-2017 was enacted
Government, or are subject to the in February of 2017 for a one
cancellation of specific licenses year term. The purpose of
and authorizations. this regulation was to approve
measures that prevent the
In this regard it is important to
paralysis of the execution of
mention that Law No. 30424 also
public works or public-private
states that corporations that may
partnerships and the breakdown
have developed a “Compliance
of the chain of payments that put
Program” according to its activity,
the economic performance of
needs and risks in order to prevent
the country at serious risk, as a
the commission of corruption
consequence of acts of corruption
crimes will be exempted from
carried out by or through of the
administrative responsibility.
concessionary companies or
Due to the recent corruption acts contractors, or of their partners or
detected in the infrastructure parts of the consortium, that have
sector during 2017, the been condemned or have admitted
Government introduced measures the commission of crimes against
to assure the continuity of the public administration or
investments in the country. In money laundering, in order
January of 2017, Legislative to contribute to economic
Decree No. 1341 established in sustainability and to protect the
its Fifth Final Complementary interests of the State.
Provision that certain
A month later, in March of 2017
impediments regulated in the
the Supreme Decree No. 068-
State Contracting Law would
2017-EF was approved with
be applicable to the processes

178 Miscellaneous matters


the objective of obligatorily This recently enacted regulation
establishing that Public-Private is Law No. 30737 and its purpose
Partnership contracts should was to introduce new measures
include an anti-corruption and liabilities for corporations
clause, under sanction of nullity. related (as partners, joint-parties
Being that when the contract or any other form stated in
ends due to causes attributable the Corporate Act) to other
to the investor derived from corporations that are subject to
the application of the anti- judicial processes for corruption
corruption clause established breaches according to Law No.
in the respective contract, no 30424.
compensation would be paid in
Another relevant consideration
favor of the investor, for damages.
of the Decree consists of the
All these anti-corruption liability and responsibility of
regulations were approved as a related corporations to create
reaction to the Lava Jato scandal “Compliance Programs” according
and its implications in our country. to each corporation’s needs, risks
This explains why the application and characteristics to prevent
of the aforementioned temporal the commission of violations and
Emergency Decree was extended corruption crimes in the terms
by means Emergency Decree No. and conditions stated in Law
003-2018 for one month, during 30424. This Compliance Program
March 12, 2018. After this, in also entails responsibiliy to hand
March 13, 2018, a proper Law to in information to Authorities
avoid collateral negative effects periodically regarding the
was enacted. development of the business and
its financial status.

Miscellaneous matters 179


Peru's oil & gas investment guide 2018 - 2019

Appendix

180 Appendix
Peru's oil & gas investment guide 2018 - 2019

01
Regulators
and AMCHAM conditions within a free market,

stakeholders The American Chamber of


Commerce of Peru (AmCham
which will make Peru an
attractive destination for private
Peru) is and independent and investment.
non-profit organization, founded (www.comexperu.org.pe)
onJanuary 17, 1968, that
represents Peruvian, American CONFIEP
and foreign companies. It The National Confederation of
has about 3,000 members Private Business Institutions
representing more than 580 (CONFIEP) brings together and
associated companies. represents private business
(www.amcham.org.pe) activities within Peru and
abroad. Its principal objective
National Council of Science, is to contribute to the process
Technology and Technological of sustained economic growth,
Innovation- CONCYTEC based on investment and job
Leading institution of the creation from the perspective
National System of Science and of individual effort and
Technology and Technological initiative, and the promotion of
Innovation (SINACYT), integrated entrepreneurship and private
by the Academy, the State property.
Research Institutes, business (www.cofiep.org.pe)
organizations, communities
and civil society. Its purpose Economic Operation Committee
is to regulate, direct, guide, of the National Interconnected
encourage, coordinate, monitor System - COES
and evaluate the actions of the Private entity conformed by
State in the field of Science, all generators, transmitters,
Technology and Technological distributors and free users of
Innovation and to promote electricity, whose facilities are
developments through concerted interconnected. Purpose of
and complementarity action the COES is to coordinate the
between the programs and operation of the Interconnected
projects of the public, academic, Electrical National System (SEIN)
business, social organizations and at the lowest cost and give safety
individuals. and quality to the supply of
(https://portal.concytec.gob.pe/) electricity to the country.
(www.coes.org.pe/portal)
COMEXPERU
COMEXPERU is the private Environmental Assessment and
association that comprises the Supervisory Board – OEFA
leading companies involved in The OEFA is the guiding entity
foreign trade in Peru. Its main of the National Environmental
purpose is to contribute to the Assessment and Supervisory
improvement of competitive System (SINEFA) and is

Appendix 181
Peru's oil & gas investment guide 2018 - 2019

responsible as such for the chains, in order to achieve an authority in environmental


evaluation, supervision, and agriculture that is fully developed matters in reference to
auditing of the compliance in terms of economic, social and hydrocarbons-mining-energy
with environmental laws environmental sustainability. activities.
nationwide, integrating the (www.minagri.gob.pe) (www.minem.gob.pe)
efforts of the State and society
in a coordinated and transparent Ministry of Culture Ministry of Environment –
manner to ensure the effective This is the nation’s cultural MINAM
management and protection of authority in charge of the This is the nation’s environmental
the environment. establishment, execution and authority, the overseeing entity
(www.oefa.gob.pe) supervision national policies of the National Environmental
related to cultural matters. It is Management System (SNGA), and
General Bureau of also in charge of the arrangement a part of the Executive Branch.
Environmental Health - DIGESA and coordination of the national Its main functions are focused
This is the technical-regulator policy of the prior consultation in promoting environmental
body in aspects related to basic right. sustainability by preserving,
sanitation, occupational health, (www.cultura.gob.pe) protecting, recovering and
hygienic food, zoonosis and securing the environment,
environmental protection. It Ministry of Economy and ecosystems and natural
issues regulations and assesses Finance – MEF resources.
environmental health processes The Ministry of Economy and (www.minam.gob.pe)
in the sector. It is an entity under Finance is an entity of the
the Ministry of Health. Executive Branch responsible Ministry of Foreign Affairs:
(www.digesa.minsa.gob.pe) for planning, directing, and Executive Office for Economic
controlling matters related to Promotion - DPE
Lima Chamber of Commerce – the budget, treasury, debt, The Executive Office for
CCL accounting, fiscal policy, public Economic Promotion (DPE) is
The CCL, founded in 1888, is spending, and economic and the institution of the Ministry of
a private entity that promotes social policies. It also designs, Foreign Affairs (MRE) responsible
free enterprise and business establishes, performs, and for coordinating with Peruvian
development by enforcing its supervises national and sector missions abroad in an effort
legitimate rights, facilitating policies under its competence, to promote Peru as a country
new business opportunities, assuming a guiding role therein. capable of providing goods
providing assistance and (www.mef.gob.pe) and services in international
services and improving their markets, as well as positioning
competitiveness. It is one of the Ministry of Energy and Mines - it as a world-renowned tourist
most representative business MINEM destination, and a country
associations that has more than This is the central and with interesting business and
13,500 associated companies. governing body for the Energy, investment opportunities in
(www.camaralima.org.pe) Hydrocarbons and Mining Sector, different economic sectors.
a part of the Executive Branch. It should be noted that the DPE
Ministry of Agriculture - Its purpose is to formulate and has a Quality Management
MINAGRI assess national policy in matters System certified with ISO
This is the entity that promotes of sustainable development in 9001:2008 International
the development of organized mining- hydrocarbon-power Standards, governed under
agrarian producers in productive activities. It is the governing the values of equality, social

182 Appendix
commitment, honesty, functions in 2014 with the aim
transparency, and teamwork, of promoting the sustainable National Society of Mining,
thus ensuring that the needs and participatory management Petroleum and Energy - SNMPE
of its national and international of forest and wildlife resources, This is a nonprofit organization,
users are met. and the use of their ecosystem which groups the companies
(www.rree.gob.pe) services. related to the mining, oil & gas
(www.serfor.gob.pe/) and energy related activities in
Ministry of Labor and the country.
Employment Promotion - MTPE National Fund for the Finance (www.snmpe.org.pe)
This is the body governing labor of the Corporate Activity of
in Peru, with all powers necessary the Peruvian Government - National Superintendency of
to lead the implementation FONAFE Tax Administration - SUNAT
of policies and programs for A Public Law company attached A decentralized public entity in the
generating and improving to the Economy and Finance Economy and Finance Sector that
employment, and also responsible Sector created by Law No. enjoys economic, administrative,
for enforcement of legislation for 27170 in 1999, responsible functional, technical and financial
labor matters. for regulating and directing the autonomy. It is the main tax-
(www.mintra.gob.pe) State’s business activity. collecting agency in the Peruvian
(www.fonafe.gob.pe/) economy.
National Environmental (www.sunat.gob.pe)
Certification Service for National Service for Natural
Sustainable Investment – Areas under State Protection – National Water Authority – ANA
SENACE SERNANP This is the nation’s water authority.
The SENACE is a public This is a public specialized entity Its purpose is the conservation
specialized entity in charge responsible for directing and and development of the hydric
of the review and approval of establishing the technical and resources within a hydrographic
the detailed Environmental management criteria for the river basin.
Impact Studies (EIA-d) related preservation of Protected Natural (www.ana.gob.pe)
to nationwide public, private Areas (ANPs), and overseeing
or mixed capital investment the conservation of biological Peruvian Association of Solar
projects which contemplate diversity. It is an entity under de energy - APES
activities, constructions, building Ministry of Environment. Non-profit institution, created
sites and other commercial (www.sernanp.gob.pe) in 1981 with the purpose of
activities or services that may promoting, disseminating and
cause significant environmental National Society of Industries encouraging training, research,
impacts. This entity is under the – SNI development and applications of
Ministry of Environment. The SNI is a non-profit private renewable energy, the rational
(www.senace.gob.pe) organization created to use of energy, and respect for the
promote the development of environment in Peru.
National Forest and Wildlife manufacturing industry in Peru, (www.perusolar.org/)
Service - SERFOR guaranteeing the freedom and
National Forestry and Wildlife responsibility required to perform Peruvian Chamber of Renewable
Authority of Peru and the business activities according Energies - CPER
governing body of the National to Peruvian market economy National organization of civil
Forestry and Wildlife Management assurance. society whose purpose is to
System (SINAFOR). Started (www.sni.org.pe) support the fight against climate

Appendix 183
Peru's oil & gas investment guide 2018 - 2019

change through the promotion of dedicated to exploration and public as an efficient and strategic
renewable energies, and support exploitation activities in the option for the development of
the process of transition from country. investments in Peru.
fossil energy investments to (www.sphidrocarburos.com) ProInversion provides information
renewable energies investments. to potential investors regarding
(www.camaraperuanade Peruvian Renewable Energies the incorporation of a legal
energiasrenovables.org.pe/) Society - SPR entity, identifying investment by
Non-profit civil industries and investment projects
Peruvian Chamber of Vehicular association composed of (granted and pending), among
Natural Gas - CPGNV companies and organizations that other topics.
The CPGNV, founded in 2004, are committed to the development (www.ProInversion.gob.pe)
is a private nonprofit institution of non-conventional renewable
that promotes the development energies. Supervisory Body of Private
and use of natural gas for vehicles (spr.org.pe/) Investment in Energy and Mines
in Peru, providing facilities to - OSINERGMIN
companies dedicated to the Presidency of the Cabinet – This is the regulatory, supervisory
production, transportation, PCM body that regulates, enforces and
distribution, supply and marketing This is the technical-administrative oversees the activities undertaken
of the vehicular natural gas and body covered by the Executive by internal public-or-private-law
related products. Law; its highest authority is legal entities and individuals in
(www.cpgnv.org.pe) the President of the Cabinet. It the electricity, hydrocarbons and
coordinates and conducts a follow- mining sub-sectors.
Perupetro up on the Executive’s multi-sector (www.osinergmin.gob.pe)
Perupetro is the state-owned policies and programs, coordinates
Company that promotes, actions with Congress and
negotiates, signs and supervises independent constitutional bodies,
exploration and production among other roles.
contracts, on behalf of the (www.pcm.gob.pe)
Peruvian State.
(www.perupetro.com.pe) ProInversion
ProInversion is the Peruvian
Petroperu investment agency in charge
Petroperu is a state-owned of the promotion of business
company of private law that opportunities with high growth
carries out exploration, and profitability expectation in
exploitation, transport, and Peru. Its purpose is to promote
refining activities. investment unrelated to the
(www.petroperu.com.pe) Peruvian government by private
parties in order to boost Peru’s
Peruvian Hydrocarbons Society competitivity and development
– SPH and to improve the well-being of
The SPH is the main hydrocarbons the population.
guild in Peru. Founded in 2013, Likewise, its vision is to be
it groups the main companies considered by investors and by the

184 Appendix
Appendix 185
Peru's oil & gas investment guide 2018 - 2019

02
EY
services
Our strength in the Our services
hydrocarbon and EY Peru has a global focus on
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over 1,300 specialist global
EY’s hydrocarbon and energy professionals including engineers,
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We use our wide experience services include:
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increased sector consolidation, trading.
we can assist you with your
Hydrocarbons and energy
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deep understanding of how to re- engineering (e.g., merging
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line solutions to help our clients
production.
meet these challenges.

186 Appendix
Mergers and acquisitions ranging from valuations of and comprises over 7,000
advisory businesses and intangible assets professionals. These transaction
to specialized oil & gas capital professionals work across many
Mergers and acquisitions, at equipment and real estate. elements of the transaction life
either the holding company Further V&BM has deep expertise cycle dealing with critical areas
or asset level, require specific in model building and review and of financial due diligence, tax
knowledge and skills in order is able to construct or review life due diligence and structuring,
to complete transactions. The of mine cash flow models as part valuation and business modeling
knowledge and skills required of an acquisition strategy. and transaction integration.
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Appendix 187
Contacts EY

Beatriz De la Vega
EY Energy Leader
Partner in Peru

Alfredo Alvarez
EY Energy Leader Partner
Latam North

Hector Rocha
EY Deputy Energy Leader Partner
Latam North

188
189
Acknowledgements
investment guide

Editor:
Beatriz De La Vega

Co-editors:
Paulo Pantigoso
Andrés Reyes
Geraldine Izaguirre
María Angela Ortecho

Design and layout:


Benjamín Gómez
Karla Ramírez

Additional collaborators:
Claudia Alva
Dionis Arvanitakis
Martín Aliaga
Javier Aguirre
Antonio Benites
Jose Ignacio Castro
Samuel Chauca
Rodolfo Devercelli
Jacquelin Duffoo
Marcial García
Fabiola Jiménez
John Mark Kolb
Miya Mishima
Silvana Olcese
Claudia Perea
Leyla Pérez
Carla Puente
Brando Reyes
Giancarlo Riva
Ministry of Foreign Affairs
Perupetro S.A.
ProInversion
MINEM

190
Declaration
This work is limited in scope. This publication
contains information in summary form and is
therefore intended for general guidance only.
It is not intended to be a substitute for detailed
research or the exercise of professional guidance.
It is also not intended to be tax or legal advice
and hence cannot be relied upon for any such
purpose. In order for EY to issue an opinion
or tax advice, additional steps are required
including (but not limited to) verifying the facts
and assumptions upon which the opinion or tax
advice would be based. Moreover, additional
research and analysis may be required prior to
issuing any tax opinion or advice. EY does not
guarantee the accuracy of the data from publicly
available sources included in this document.
Neither the local EY entity nor any other member
of the global EY organization can accept any
responsibility or liability for loss occasioned to
any person acting or refraining from action as a
result of any material in this publication. On any
specific matter, reference should be made to the
appropriate advisor.

191
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