investment guide
2018 / 2019
June 2018
About
this oil & gas
investment
guide
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.
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
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
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.
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
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
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
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
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.
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.
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
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
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
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*
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
Ecuador Colombia
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
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
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
Background information 27
Peru's oil & gas investment guide 2018 - 2019
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*
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
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
Background information 31
Peru's oil & gas investment guide 2018 - 2019
Transmission line
500 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
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)
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
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)
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
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-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
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
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
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
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
Sources: Latin America Concensus Forecast (March 2018)/BCRP
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
*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.
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
40 Background information
Summary of doing business indicators
Latin America and
Indicators Peru
the Caribbean
• Number of procedures 7.0 8.4
Background information 41
Peru's oil & gas investment guide 2018 - 2019
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
*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.
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.
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
Hydrocarbons in Peru
56
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
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$
2017
1995
2000
2005
2010
2015
Exploration Exploitation
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
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
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
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
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
Source: Ministry of
Energy and Mines
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.
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*
Accumulated
Block %
(MCF)*
• Northern area - 15,924 3.48
31-C
57
50.93% 3.48%
88 -
33.21% 0.35%
56 31-C
12.04%
57
56 88
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
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
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.
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
2,500.0
2,000.0
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
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.
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
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
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
Miscellaneous matters 77
Peru's oil & gas investment guide 2018 - 2019
Miscellaneous matters 79
Peru's oil & gas investment guide 2018 - 2019
• Exploitation 0 26 467.79
• Exploration - 20 17.07
Total 0 46 486.86
• Exploitation contracts
Zone Operator Block Basin subscription date Lot area / ha Effective work area / ha
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
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
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*
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*
2D and 3D seismic
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*
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
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
86
Peru's oil & gas investment guide 2018 - 2019
01
Importance
of the energy
sector
Evolution of the electrical market
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
OSINERGMIN supervises
the sector
Source: OSINERGMIN
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
Source: National Fund for the Finance of the Corporate Activity of the Peruvian Gov-
ernment – FONAFE / EY
As of October, 2017
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
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.
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.
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
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)
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.
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
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
Source: MINEM
Source: MINEM
8 CH CURUMUY SINDICATO ENERGETICO S.A. - SINERSA (before: Guicon S.A.) 12.0 PIURA
10 CH CHEVES STATKRAFT PERU S.A. (before: Empresa de Generacion Electrica 168.2 LIMA
Cheves S.A. EGECHEVES)
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.)
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
14 CH LAS PIZARRAS EMPRESA ELECTRICA RIO DOBLE S.A. (before: ABR Ingenieros 18.8 CAJAMARCA
S.A.C.)
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
WIND FARMS
26 CE PARQUE EOLICO PARQUE EOLICO MARCONA S.R.L. 32.0 ICA
MARCONA
29 CE PARQUE EOLICO TRES PARQUE EOLICO TRES HERMANAS S.A.C. 97.15 ICA
HERMANAS
Source: MINEM
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
Source: MINEM
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
Source: MINEM
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
Source: MINEM
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.
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
• Transformation industry or
third generation (for example: Plastics
fertilizers NPK, MAP, plastics) Fertilizers
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.
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.
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-
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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
(*) Peru’s oil & gas Investment Guide is mainly focused on upstream activities
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
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.
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Peru's oil & gas investment guide 2018 - 2019
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
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
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-
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;
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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:
(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%.
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:
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
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
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.
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.
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).
Miscellaneous matters
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.
• 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
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
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).
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
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.
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
Appendix
180 Appendix
Peru's oil & gas investment guide 2018 - 2019
01
Regulators
and AMCHAM conditions within a free market,
Appendix 181
Peru's oil & gas investment guide 2018 - 2019
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
energy sector hydrocarbons and energy, with
over 1,300 specialist global
EY’s hydrocarbon and energy professionals including engineers,
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thorough understanding of the global team is closely networked
industry’s operating processes, and shares industry and technical
strategic and operating risks, knowledge to provide our
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We use our wide experience services include:
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your key business issues. This Providing an extensive range
might involve helping you to of services in areas such as
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such as rising costs where we can assurance, sustainability strategy,
help you streamline operational reputation issues, environmental
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drivers. In this environment of renewable energy and emissions
increased sector consolidation, trading.
we can assist you with your
Hydrocarbons and energy
divestment strategies, to ensure
advisory
that you realize your full value
upon exit. If you are looking to Improving supply chain
expand your operations to new responsiveness to demand
regions, you can draw on our volatility; delivering core business
deep understanding of how to re- engineering (e.g., merging
manage operational risks – both a number of blocks mines into
political and otherwise. one management structure),
and delivering projects aimed
EY has a number of multi-service
at reducing costs or increasing
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.
relate to the regulatory
environment, including the rules Transaction integration
Project finance advisory
and regulations of each country’s
Providing commercial and
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Advising on the development, operational due diligence,
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optimization and implementation integration planning and
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of finance plans covering the methodology development,
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full range of project financing synergy assessment,
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options for resources projects, and integration program
Valuation and business non and limited recourse debt management, corporate strategy
modeling (V&BM) and tax effective leasing, as advice on market opportunities
well as a number of associated and areas to exploit along the
Providing a range of services to infrastructure projects such as companies value chain, as well
companies in the hydrocarbon preparation plants, conveyor as practical operational advice
sector including valuations systems, electric transmission in areas such as overhead
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Transactions advisory supply chain and procurement,
planning, finance and stamp
duty purposes and containing Our global transaction capability and in functional areas such as
specialists with extensive skills covers over 80 countries finance and human resources.
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
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
Peru's oil & gas investment guide 2018 - 2019
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