PERU

On September The legislator Eduardo Salhuana (Alianza Para el Progreso – allied to the ruling party) presented a bill that proposes the creation and functioning of Special Economic Zones, with the aim of promoting national and foreign investment, infrastructure development, boosting employment generation and increasing and diversifying exports of goods and services. In addition, the economic zones will have legal, tax, customs and business conditions. It is expected that the proposal will be sent to committee in the next few days.

The bill proposes that the legal entity that intends to become an operator must submit a written request for qualification of existence to the Ministry of Foreign Trade, which must comply with the following requirements: 

• Be a legal entity duly constituted, domiciled in the country, whose corporate purpose must include the development of its own activities.
• Provide the names and identification of the legal representatives, members of the board of directors, partners or shareholders. In the case of open corporations, only shareholders with a holding of more than 10% of the subscribed capital must be reported.
• Proof of the financial equilibrium of the project.
• Legal representatives, members of the board of directors, partners or shareholders, the latter when they have a shareholding of more than 10% of the share capital.
• Demonstrate a material patrimony not less than the equivalent in Peruvian soles of eight thousand Current Tax Units (8,000 UIT).

Operators shall issue a guarantee in favour of the National Superintendency of Customs for a value of 2% of the duties and taxes corresponding to the final import declarations declared the previous year. In this way, the operator will ensure the payment of duties and taxes, penalties and interest that it is responsible for the non-fulfilment of obligations.