SUPREME DECREE 021-98-PCM – SPECIFICATION ON THE GENERAL
MECHANISM TO DETERMINE THE AMOUNT OF REVENUE OF FONCEPRI,
PURSUANT TO ARTICLE 10 OF LEGISLATIVE DECREE 839
Supreme Decree published on May 21, 1998.
THE PRESIDENT OF THE REPUBLIC OF PERU
WHEREAS:
Legislative Decree 839 established the Private Concessions Promotion
Commission -PROMCEPRI1- as the only agency in charge of promoting private
investment in public infrastructure development and public services, both of
which may be granted under concession to the private sector;
Article 9 of the abovementioned Legislative Decree established the Private
Investment Promotion Fund for Public Infrastructure Development and Public
Services -FONCEPRI-, to be managed by PROMCEPRI;
Paragraph a, Article 10 of the abovementioned Legislative Decree stipulates that
FONCEPRI shall be funded through an amount to be determined on a case by
case basis by PROMCEPRI Agreement and on the basis of the concession type
in question, and whose general mechanism for calculation shall be determined
by Supreme Decree;
In accordance with the provisions in paragraph 8 of Article 118 of the Constitution
of Peru; Now, therefore, be it
RESOLVED:
Article 1.- The general mechanism used to determine the amount considered as
revenue for the Private Investment Promotion Fund for Public Infrastructure
Development and Public Services -FONCEPRI- referred to in paragraph a of
Article 10 of Decree legislative 839 shall be:
a) In the case of onerous concessions: two percent (2%) of the amount
received by the State as concession fee;
b) In the case of gratuitous concessions: the amount, previously established
in the bid terms and conditions, shall be paid by the bid winner and such
amount shall not exceed two percent (2%) of the amount of the investment
necessary to develop the concession;
c) In the case of concessions co-financed by the State: the amount,
previously established on the bid terms and conditions, shall be paid by
1
Pursuant to Article 1 of Law 27111, published on May 16, 1999, the functions, duties, and powers
granted to the Private Concessions Promotion Commission (PROMCEPRI) were transferred to the Private
Investment Promotion Commission (COPRI). Consequently, every time PROMCEPRI is mentioned, it
shall be construed to refer to COPRI.
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the bid winner, and such amount shall not exceed two percent (2%) of the
amount of the investment necessary to develop the concession, minus the
amount co-financed by the State; and,
d) In the case of mixed-concessions: the mechanisms referred to in
paragraphs a, b and c above shall be used, as appropriate.
The amounts referred to in paragraphs b, c and d above shall be determined by
agreement of the Private Concessions Promotion Commission-PROMCEPRI.
Article 2.- The FONCEPRI revenue referred to in the preceding Article shall be
paid directly by the bid winner, by cashier's check made out to the Concessions
Private Promotion Commission- PROMCEPRI.
Article 3.- This Supreme Decree shall be countersigned by the President of the
Cabinet of Ministers and shall enter into force the day after its publication.
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