1084662-Guia de Ivestigacion 2015 2016

Perus oil & gas
investment guide
2015 / 2016
February 2015
Contacts
EY Peru
oil & gas leaders
Paulo Pantigoso
Country Managing Partner
Tel: +51 1 411 4418
[email protected]
Jorge Acosta
Advisory
Tel: +51 1 411 4437
[email protected]
Juan Paredes
Assurance
Tel: +51 1 411 4410
[email protected]
Vctor Burga
Assurance
Tel: +51 1 411 4419
[email protected]
Renato Urdaneta
Advisory
Tel: +51 1 411 4438
[email protected]
David De La Torre
Tax
Tel: +51 1 411 4471
[email protected]
Claudia Vega
Tax
Tel: +51 1 411 4483
[email protected]
Beatriz De La Vega
Tax
Tel: +51 1 411 4482
[email protected]
Marco Antonio Zaldvar

Assurance
Tel: +51 1 411 4450
[email protected]
Enrique Oliveros
Transactions & Corporate Finance
Tel: +51 1 411 4417
[email protected]
Lima
Av. Vctor Andrs Belaunde 171,
San Isidro.
Tel: +51 1 411 4444
Peru's oil & gas investment guide
Chiclayo
Av. Santa Victoria 612,
Urb. Santa Victoria.
Tel: +51 74 227 424
Arequipa
Av. Bolognesi 407,
Yanahuara.
Tel: +51 54 484 470
Peru has a longstanding tradition as an oil

producing country, which dates back to the
end of the 19th century. Indeed, it hosted the

located at the northern region of Peru, which
is still producing hydrocarbons. More recently,
Camisea, a major project regarding one of the
most important gas reservoirs in the region,
started production in 2004. This project boosted
Peruvian economy in every aspect by providing
a reliable source of cheap and eco-friendly
energy, diversifying the energy matrix and

gas since 2010.
The exploitation of oil basins and the Camisea
project has been developed in a political and
macroeconomic stability offered and improved
by the government. As a result, Peru economy
has been growing at annual rates above 6%
during the last decade, largely supported by the
prices of commodities. Nevertheless, Peru still
has much more to offer. Indeed, an estimated
!"#$()

*

country in the mid-term, only in hydrocarbon
projects. The oil & gas sector has real potential
for growth and further expansion. It holds
golden opportunities for investors as much
of the country is still to be subjected to vast
exploration, leaving an immense potential for
future development.
Preface
Beatriz De La Vega
Oil & Gas Leader
EY Peru
Telf: +51 1 411 4482
[email protected]
International investors are a crucial part of

the growth and success of Perus oil & gas
exploration and production. Peru welcomes
foreign investment with an open and stable
regulatory environment. A foreign investment
law guarantees the security of foreign and
domestic investments. Furthermore, Peru is
consistently undertaking measures to improve
its business climate to attract more investment.
We invite you to contact us with your questions
and we wish you all the best with your oil & gas
investments opportunities in Peru.
Guido Loayza Devscovi

General Director of Economic Promotion
Ministry of Foreign Affairs
In recent years Peru has been regarded as

a strong economy due to its sustained GDP

)
*

rates. The responsible economic policy
maintained by the State through successive
democratic governments, as well as a stable
legal framework and independent institutions
ensure transparency and impartiality in the
Peruvian legal system. These conditions

can make transactions with lower risk and higher
expectancy in getting returns.
Perus privileged geography is characterized
by its diversity in natural resources, including
gas and oil, two of the main sources of energy
in the world, which offer foreign companies a
great potential for their long term investments,
important factors in the nations economic and
social growth and development.
The hydrocarbon sector in Peru is still developing

at the exploration and exploitation levels, as
well as in its distribution and trade; and as
a result, investors have good opportunities
to develop this high demand market. It is
therefore a desire of the Peruvian government
to promote policies focused on increasing the
sectors competitiveness, encourage sustainable
development and improve access to these
resources while assuring greater social inclusion
and the welfare of its population.
The Ministry of Foreign Affairs of Peru, through
its General Directorate of Economic Promotion,
seeks to promote trade, tourism and the
investment opportunities that the country
offers through its more than 120 diplomatic
and consular missions around the world and
in coordination with other public and private
entities. We are ready to assist you on your
willingness to venture in this auspicious sector.
Luis Ortigas Cneo

Chairman of the Board
Perupetro S.A.
Peru has a privileged territory, with abundant

natural resources to offer to local and foreign
investors. Within its territory Peru has reached

)

in its subsurface, which correspond to crude oil
and natural gas that have been estimated to last
for many years. Nevertheless, little progress has
been made in order to explore the dimensions of
these resources and its location; which is why we
often say that Peru is an underexplored country.
<

))
the Peruvian Ministry of Energy and Mines in
the Annual Book of Hydrocarbon Reserves,
published in December 2013, the proven
reserves are estimated to be 741.2 million
barrels of crude oil, 875.7 million barrels of
natural gas liquids; and, 15.0 trillion cubic
feet of natural gas; which combined can be
expressed as an equivalent amount of 4,124.7
million oil barrels. The aforementioned Annual
Book reports that hydrocarbon resources of our
country are estimated to be 4,459.4 million
barrels of crude oil, 4,104.5 million barrels of
natural gas liquids; and, 78.3 trillion cubic feet
of natural gas, which together can be expressed
as an equivalent amount of 21,611.6 million oil
barrels. Therefore, if we compare the estimated
hydrocarbons resources with the estimated
hydrocarbons reserves, then we realize that
there are great exploration opportunities in Peru.
Peru is a multiracial and multicultural country,

with heritage of ancient cultures and native
communities. The Government is aware of this
reality, and canalizes the necessary efforts to
harmonize the interests of all the stakeholders
involved in the industry. The Government also
acknowledges the importance of increasing
exploration activities that might lead to new
discoveries of hydrocarbons that will boost our
country development and as a consequence
)
$

has been commissioned by the Government to
comply with the Prior Consultation Process,
to properly inform each community and align
their interests with the Government policies
and facilitate reaching into agreements that will
)

preserving its own legacy.
In Perupetro we are motivated and encouraged
to assist the investors. For example, with our
Technical Data Center -free of cost- or by
providing them guidance and advice looking
forward to new exploration and exploitation
agreements in order to transform our country in
a leading hydrocarbons exporter.
I am grateful for the opportunity of participating
in the presentation of the Perus Oil & Gas
Investment Guide 2015 / 2016, and I feel
proud for showing that Peru is an attractive
place for opportunities regarding exploration and
production of hydrocarbons.
About this
oil & gas
investment
guide
Oil and gas companies have many countries to
choose from when deciding where to expend
their exploration and development budgets. The
factors taken into account in their investment
decision-making process and the weight placed
on each of them varies from company to
company. As a generalization, however, those
nations which offer a prospective geology,
reasonable tax terms, acceptable legislation
and political stability have the best potential
to attract long-term investments into the
exploration and development of new oil wells.
This oil and gas investment guide has been
structured to help investors broadly evaluate
Perus oil and gas sector investment conditions.
Within this guide, we have examined various
aspects usually taken into consideration by oil

and gas companies before making an investment
decision. This guide provides an assessment of
the current Peruvian hydrocarbon investment
climate from an oil and gas companies
perspective (foreign and domestic), focusing on
their basic requirements to invest.
Included in this guide is an overview of Perus
political structure, business environment,

outlook for the future, geological potential,
oil and gas sector trends and recent
developments, as well as a description of the

)
)
to hydrocarbon companies, considering major
government taxes, royalties and similar levies.
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J
)

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been structured to serve as an initial step in the
process of evaluating the oil & gas landscape
in Peru. As such, it will be useful to those who
contemplate at least the possibility of making
long-term investments into the exploration and
development of new oil & gas enterprises in the
country.
This publication has brought together several
of the oil & gas industrys leading professionals
from EY Peru, with a mix of legal, tax, economic,
business and accounting backgrounds, to
share their unique insights and explain the
key elements for a successful expansion by
international oil & gas companies into Peru.
Within this guide we have examined various
aspects usually taken into consideration by
investors from around the world before making
critical decisions on the development of new
oil & gas operations. Included in this guide
is an overview of Perus political structure,
)

key indicators and outlook for the next years,
businesses potential, oil & gas sector trends and
recent developments. The guide also provides
access to essential information to assist foreign
investors in understanding the regulations
governing investment and in particular the legal,
taxation and regulatory requirements to operate
in Perus oil & gas sector.
First published in 2014, this guide has been
designed to be easily consulted and to offer
a balanced and objective account of areas of
potential interest to foreign oil & gas investors.
With this oil & gas inve stment guide, EY
demonstrates its commitment to contribute
to Perus progress, through our support for
business ventures, growth and success. We
provide readers with the most recent information
on the countrys shining economic performance,
as well as important technical information on
how to establish businesses in Peru. We invite
you to read through, and to contact us should
you have any questions and comments.
The difference
between
good investment
decisions and
bad investment
decisions
is the right
information at
the right time
Paulo Pantigoso
Country Managing Partner
EY Peru
ey.com/pe/EYPeruLibrary
Contents
I Background
II Starting a business
information
01
Form of government
10
02
Geography
11
03
People
12
04
Currency
12
05
Economic overview
13
06
Infrastructure and
services
20
Perus InvestmentGrade Rating
23
07
08
Investment promotion
conditions
III Hydrocarbons
in Peru
27
01
in Peru
Requirements for
foreign investors
34
02
Establishing a
Peruvian corporation
34
03
Establishing a branch
37
04
Associative
agreements
38
01
Importance of Perus
oil and gas sector
40
Hydrocarbon
production and
exports
45
Diversifying the
energy matrix:
natural gas
48
04
Growing potential
51
05
Prior consultation
61
06
Future trends in the

oil and gas industry
in Peru
63
02
03
Why
Peru?
What oil and gas
investors should know
IV Oil and gas tax and
V Miscellaneous
legal framework
01
Hydrocarbon terms
02
Peruvian oil and gas

VI Appendix
matters
66
69
Hydrocarbon sector
01
Labor legislation
88
Regulators and stakeholders
02
Accounting standards
92
01
Regulators
94
02
Stakeholders
96
03
ProInversion
97
EY
Services for the oil and gas sector
01
Our strength in the

hydrocarbon sector
98
02
Our services
98
I
Background
information
01
Form of government
Peru is a democratic constitutional republic with
a multiparty system. Under the Constitution of
1993, the President is the Chief of State and
Head of Government. The president is elected

K

immediately. The President appoints the Prime
Minister and the members of the Cabinet. There
is a unicameral Congress of 130 members

K
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proposals can be submitted by both, the
executive and legislative branch, and will become
law once they are approved by the Congress and
promulgated by the President. The judicial and

electoral bodies are independent.
The Peruvian Government is elected directly
through the mandatory vote, applicable to all
citizens between the age of 18 and 70 years. In
the last democratic election (2011), President
Ollanta Humala Tasso was elected as President.
Peru has some of the best macroeconomic
indicators of the Americas and expects to grow
in terms of the Gross Domestic Product (GDP), at
a rate well above the average rate of the region.
Country overview
Unicameral congress
130 seats
Members elected by popular

K
Next elections: April 2016
Judges are appointed by the

National Judge Selection and
Evaluation Board
195 Provincial Municipalities
(December 2014)
1,647 District Municipalities
Member of the United
Nations since 1945,
member of the Security
Council between 2006 and
2007
Constitutional republic
Government
type
Judicial
branch
Legislative
branch
Executive
branch
Legal
system
Regional
governments
Chief of state and head of

government: President
Ollanta Humala
(since July 2011)
X
ZX
by popular vote (non
consecutive reelection)
Next elections: April 2016
Cabinet: Council of
Ministers is appointed by
the president
Local
governments
Based on
civil law
International
relationships
Member of the World Trade

Organization since 1995
In 1998 became a member

Economic Cooperation
(APEC) forum
In 2011 became a member

25 Regional Governments
(including the Constitutional
Province of Callao)
Metropolitan Municipality of Lima
Sources: Peruvian Constitution / CIA - The World Factbook / Ministry of Foreign Affairs / United Nations
10 Peru's oil & gas investment guide
02
Geography
Peru, located on the west central coast of South
)
) \

west, Chile to the south, Bolivia and Brazil to the
east, and Colombia and Ecuador to the north.
With a total land area of 1,285,215.60 km2, Peru
is the third largest country in South America
after Brazil and Argentina. It may be divided
geographically in three regions:
The Coast (Costa), which is a narrow desert
strip 3,080 km long that accounts for only
10.7% of Perus territory even when it contains
approximately 17.4 million inhabitants. Lima,
the political and economic capital of the country
is located in this region.
The Highlands (Sierra), which consists of the
Andean Mountain Range, covers 31.8% of
Perus territory and holds almost 10.9 million
inhabitants.
The Amazon Jungle (Selva) is the largest region
occupying 57.5% of Perus territory, in which
2.9 million inhabitants reside. This region is rich
in petroleum and forestry resources.
Perus geographic information

Population
31.2 million
Urban 76.6%
Rural 23.4%
Area
1,285,215.60 km2
Religion
Freedom of religion
Mostly Roman Catholic
Principal languages
Spanish / Quechua /
Aymara
Currency*
Nuevo Sol (S/.)
S/.1 = US$ 0.335
US$1 = S/. 2.981
Climate
Varies from tropical in the
Amazon region to dry on
the Coast temperate to
very cold on the Highlands
Natural Resources
Gold, copper, silver,
zinc, lead, hydrocarbons,

agricultural products
Timezone
`{?K|}
)
Greenwich Mean Time). There
is no daylight savings time,
and there is only one time
zone throughout the entire
country.
* Exchange rate as of 12/31/2014
Sources: BCRP / INEI / SBS
Peru's oil & gas investment guide 11
03
04
People
Currency
The estimated population of Peru for the year

2014 is 31.2 million, of which 9.75
(approximately 31.2%) resides in Lima, the
capital of the country. The labor force is
estimated to be about 22.5 million (2014).
The Peruvian currency is the Nuevo Sol

}~$
X$K*

exchange rate regime. Banks are currently
(December 31, 2014) buying US dollars at
S/.2.981: US$1.00 and selling at US$1.OO:
S/.2.989. Parallel market rates are slightly
different.
The predominant religion is Roman Catholicism

Quechua. Aymara is also spoken in some parts
of the southern Highlands Region of the country.
With respect to the literacy rate, it is expected
that by 2015, 94.3% of the population will be
able to read and write.
There are no restrictions or limitations on

holding bank accounts in foreign currency or to
remit funds abroad.
Exchange rate: Peruvian Nuevo Sol to US
Dollar (PEN / US$)
People overview
5
Population
31.2 million people

76.6% resides in urban areas
Age structure
0 - 14 years 27.3% (2014)

15 - 64 years 63.8% (2014)
65 years and over 6.9% (2014)
Growth rate
1.13% (2012 - 2015)
Birth rate
19.4 births/1,000 population

(2010 - 2015)
Death rate
5 deaths/1,000 population
(2012)
Sex ratio
At birth 1.05 male/female
3.20
2.99
2.80
2.55
2.81
2010
2.70
2.89
2009
3.14
3.00
3.20
*Estimate
Sources: BCRP / EY
Sources: INEI / CIA Factbook
2015*
2014
2013
2012
2011
2008
2007
Life expectancy
74 years (2012)
at birth
2006
05
Economic overview
With a population of 31.2 million (estimate for
2015, and rich deposits of copper, gold, silver,
lead, zinc, natural gas, petroleum and urea, Peru
is a very diverse country due to the climatic,
natural and cultural variation of its regions.
*
"( $" )
above the upper limit of the Central Banks
annual target range of 1% to 3%.
The country has had continuous economic and
political stability since the early 1990s. The
Peruvian economy has grown 123% between
2000 and 2014 (the highest 15-year average
growth in Perus history). This growth was
largely driven by prudent macroeconomic
policies, investor- friendly market policies and
the governments aggressive trade liberalization
strategies. Growth is now slowing within a
context of lower prices for Perus largest
commodity exports, although the countrys
economy has remained strong in the last years,
growing about 2.4% in 2014, with an estimated
growth of 4.8% for 2015.

*

an arid coastal region, the Andes further inland,
and tropical lands bordering Colombia and Brazil.
Abundant petroleum resources are found mainly
in the Amazon Jungle area.

advances in social and development indicators
as well as in macroeconomic performance,
with very dynamic GDP growth rates, reduction
of external debt, a stable exchange rate, low
Perus economic overview

25.8%
US$11,989
(estimate for 2014)
(estimate for 2014)
US$6,625
5.5%
(estimate for
2014)
(estimate
for 2014)
Purchasing
Power
Parity
Gross
domestic
product
US$17,808 million
PPP
19.7%
of the GDP (2014)
23.1%
(estimate
for 2014)
Petroleum and byproducts,

plastics, machinery,
vehicles, iron and steel,
wheat and paper
Population
living below
poverty line
GDP
Principal
exports
Unemployment
rate
Foreign
debt public
Total
public
debt
(estimate
for 2013)
Gold, copper, silver, zinc, lead, crude

oil and byproducts, coffee, potatoes,
asparagus, paprika, organic banana,
quinoa, berries, grapes,mangoes,

Fixed gross
investment
per Capita
(2014)
23.9%
(estimate for 2014)
US$204 billion
GDP
(2012)
27.3% of the GDP
Net
International
Reserves
Minimum
Wage
US$62,307 million
(as of December 31,
2014)
S/. 750
Principal
export
destinations
Principal
imports
Main
import
countries
Germany,
Argentina, Brazil,
Chile, China,
Colombia,
South Korea,
Ecuador, United
States and Mexico
Germany, Brazil, Canada, Chile,

China, South Korea, Italy, Japan,
Spain, Switzerland, United States
and Venezuela.
approximately US$252
(as of December 31, 2014)
Sources: BCRP / Ministry of Economy and Finance (MEF) / APOYO / International Labor Organization (ILO) / INEI / International
Monetary Fund (IMF) / EY
Despite the mentioned slowdown, Perus

economic growth will continue to be one of the
strongest among peers, as the central bank now
expects growth of around 4.8% in 2015. It is
expected that the increase in mineral production
will support Perus economic growth over the
next few years. Perus rapid expansion has helped
to reduce the national poverty rate in almost
18% in the last 7 years, up to 23.1% of its total
population in 2014.
Economic Growth Rates
Latinamerica projections: 2014-2016
(Annual average variation %)
6
Peru is one of the

fastest growing
economies in
the region. Since
2000, it achieved
an impressive
accumulated growth
rate of 123% GDP
4.0
4.5
4.5
3.4
2.5
-0.2 Venezuela
Argentina 1.0
Brazil
Mexico
Chile
Peru*
Colombia
-1
Sources: FMI / *BCRP
The countrys recent boost in economic growth

policies applied over the past two decades,
reducing the debt level (from 32.3% of the GDP
in 2006 to 19.7% as public debt in 2014) and

Z"$"
in 2012, 0.9% and -0.1% of the GDP for 2013
and 2014, respectively. All of this has gone
hand-in-hand with the liberalization of the goods
and labor markets, opening up trade through
multiple recent international trade agreements,

direct foreign investment, and the maximization
of the revenues resulting from its rich natural

$
)

the increasing size of its market and domestic
consumption, and the development of its

)

in the private consumption by an estimated 4.3%
in 2014 (estimated at 4.5% for 2015). Likewise,
as of December 31, 2014, net international
reserves stood at approximately 30.5% of the
estimated GDP as of the same date.
The Peruvian economy for 2015 is expected to
)
$
This is driven principally by private consumption
(4.5% for 2015), public investment (12.0% for
2015) improved employment indicators, and the
recovery of total exports. At the same time, the

"(|
expected to be situated at 3.0%.
GDP and GDP per Capita (Purchasing Power

Parity-PPP) of the Principal Economies of
Latin America (2014 and 2019)
2014
Country
Brazil
2019
GDP in US$
Billions
(PPP)
GDP per
Capita in
US$ (PPP)
GDP per
Capita in
US$ (PPP)
3,073
15,153
18,172
Argentina
927
22,101
22,715
Colombia
642
13,459
17,489
Venezuela
546
17,917
18,574
Peru
377
11,989
15,953
410
23,165
29,946
2,143
17,925
22,618
Chile
Mexico
with Chile, Colombia, and Mexico, aimed at

encouraging regional integration and the greater
growth, development, and competitiveness
of their economies, as well as achieving the
free circulation of goods, services, capital, and
people.
Perus traditional main exports are gold, copper,
petroleum oil, natural gas, zinc, lead, iron,

cacao, berries and coffee, and its principal
trading partners are the United States, China,
Brazil, Chile, Ecuador, Argentina, Switzerland,
South Korea, Japan, Canada, Germany, Spain,
Mexico, and Italy.
Source: International Monetary Fund (IMF), October 2014
Peru has signed a number of Free Trade

Agreements (FTAs) covering approximately 95%
of its exports as of October 31, 2014. Free Trade
Agreements (FTAs) have been entered into with
the United States, China, Thailand, the European
Union, South Korea, Canada, Costa Rica, Chile,
Mexico, Venezuela, Panama, Singapore, Cuba,
Japan and EFTA States (European Free of the
Trade Association) which includes Iceland,
Kingdom of Norway, Swiss Confederation and
the Principality of Liechtenstein. It also has 29
(see page 31) Bilateral Reciprocal Investment
Promotion and Protection Agreements
(BRIPPAs). Also, Peru maintains trade

?
Partnership Agreement, which includes Chile,
the United States, Singapore, Australia, and New
Zealand, among others, and with Honduras, El
Salvador and Turkey.
The Free Trade Agreement (FTA) with the United
States entered into force on February 1, 2009,
opening the way to greater trade and investment
between both countries. Likewise, the Free Trade
Agreement (FTA) with China and Japan became
effective in 2010 and 2012, respectively.
Additionally, Peru entered into the Framework

"((
a trading bloc that it forms part of together
Trade balance in US$ billions

50
46.4
40
30
20
10
31.0 30.1
28.1
35.8
30.2
27.1
46.2
42.5
40.8
38.0
38.9
36.1
39.9
41.9
21.5
20.5
7.6
5.6
8.2
5.6
3.7
0.9
42.2 42.2
38.2
0.0
-2.8
-2.8
-2.0
10
2007
2008
2009
2010
2011
2012
2013
Exports
2014
2015
Imports
2016
Trade Balance
Sources: BCRP / ComexPeru
Perus main economic activities

Perus main economic activities include

of petroleum and gas, and the manufacturing of
goods, most notably textiles. The sharply
contrasting geographical areas of Peru make it a
particularly diverse country, with a wide variety of

*
$
In 2014, Peru ranked as the worlds top

}!($(|)

exported as of December 2014; and fresh
asparagus 570 million estimated as of
December 2014); it is the second-largest
exporter of avocado (US$ 307 were exported
as of December, 2014); and the third largest
exporter of natural calcium phosphates non
traditional product- (US$ 900 million exported
in 2014). It is also an important producer and
exporter of mangos (US$ 120 million up to
October, 2014) and fresh grapes (it is expected
that US$ 600 million of grapes will be exported
between October 2014 and March 2015).
In mining, according to the Mineral Commodity

Summaries Publication authored by the U.S.
State Department, Peru ranked third in the world
in 2013 in the production of silver, copper, tin
and zinc, fourth in lead, molybdenum and boron,

)
deposits of iron ore, phosphates, manganese,
petroleum, and gas. The principal destinations
for Peruvian copper are China and Japan, gold to
Switzerland, United States and Canada, and zinc
and silver to China and South Korea.
One of the economic activities that is only
recently being exploited and which shows great
potential is that of forestry resources (cedar, oak,
and mahogany, mainly).
Main economic activities by region
Colombia
Ecuador
Cabo Blanco
Iquitos
Au
Talara
Cajamarca
Chiclayo
Pacasmayo
Trujillo
Chimbote
Pucallpa
Brazil
Ag Zn Pb
Ag
Pb Zn
Paramonga La Oroya
Cu
Au
Ag
Zn
Au
Ag
Lima - Callao
Fe
Pisco
Cuzco
Zn
Ica
Au Ag
Arequipa
Puno
Cu
Mollendo
Ilo
Chile
Fishing
Textile industry
Petroleum
Cement plant
\
Chemical plant

Metal industry
Fishmeal plant
Smeldering
Natural gas
Metallurgical industry
Au
Gold
Zn
Zinc
Ag
Silver
Pb
Lead
Cu
Copper
Fe
Iron
Source: University of texas - Perry Castaneda Library Map

Collection
Gross Domestic Product (GDP) /

Trade Balance
The Gross Domestic Product (GDP) estimate
for 2014 is US$204 billion. It is estimated
that at the end of 2015, total FOB exports
came to US$36.1 billion, while imports
totaled US$38.9 billion. The principal
exports came from the mining, hydrocarbons,
and agricultural and livestock industries.
Perus real GDP (in US$ billions)

300
274
256
250
238
193
200
154
150
108
100
54
50
0
57
62
70
79
128
202
204
218
177
127
92
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015* 2016* 2017* 2018*
* Estimate
Sources: BCRP / Ministry of Economy and Finance / International Monetary Fund (IMF) / EY
Gross Domestic Product (GDP) by Industry - Annual % Change

2008
2009
2010
2011
2012
2013
2014
2015*
2016*
Agriculture and Livestock
8.0
1.3
4.3
4.1
5.9
1.6
1.4
2.6
3.5
Fisheries
3.0
-3.4
-19.6
52.9
-32.2
18.1
-25.3
17.2
18.1
12.1
Mining
7.3
-1.4
-0.7
-1.1
2.2
4.3
-2.2
6.3
Hydrocarbons
10.3
16.1
28.4
19.7
2.3
7.2
3.9
3.2
5.0
Manufacturing
8.6
-6.7
10.8
8.6
1.5
5.1
-2.9
3.7
4.7
Electricity and Water
8.1
1.1
8.1
7.6
5.8
5.5
4.9
5.3
6.1
Construction
11.0
-0.5
12.5
8.9
7.2
8.9
2.1
5.7
7.0
Commerce
5.5
16.8
6.8
17.8
3.6
15.8
5.9
4.4
4.9
Other Services
8.7
3.6
8.8
7.0
7.3
6.2
4.8
4.9
5.5
GDP
9.1
1.0
8.5
6.5
6.0
5.8
2.4
4.8
6.0
*Estimate
Sources: BCRP / EY
Perus GDP by productive sector

0.7%
14.4%
45.3%
Fishing
Mining / Oil and gas
16.6%
Manufacture
Electricity and water
Construction
Commerce
1.7%
5.1%
Others services
10.2%
6.0%
Livestock
Sources: BCRP
GDP variations
10
9.1
8
6
8.5
8.5
6.3
7.5
6.5
6.0
4.8
5.8
4
2
2.4
1.0
0
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015*
*Estimate
Source: BCRP

Exchange rate depreciation: the
market value of the PEN (S/.) fell
9.6% against the US$ in 2014.
?*

3.2% as of December, 2014.
Perus central bank aims to keep
*

target range of 1% to 3%.

*

12.0
10.0
9.6
8.0
6.6
6.7
6.0
3.9
4.0
2.0
4.7
1.5
3.0
1.1
0.2
-8.0
-2.5
-0.7
-4.0 -3.4
-6.0
-4.4
-4.2
-6.2
-6.5
2005
2006
3.2
2.6
0.0
-2.0
2.9
2.1
2007
2008
2009
2010
2011 2012
In*ation
2013
2014
Devaluation
Sources: BCRP / EY
06
Infrastructure and services
It is expected that Peru will only realize its
full economic potential after reducing its
infrastructure bottlenecks. Estimates vary,
but the investment required runs into billions
of dollars. In recent years, Peru has begun
to take the necessary measures to improve
its underprivileged infrastructure (transport
facilities, electricity, water and communications)
in order to promote new investments which will
contribute to the development of the productive
sectors of the country.
The hydrocarbon is one of the sectors affected by
this constraint since oil and gas companies need
to have access to transportation facilities to
deliver their products to national and
international markets. Well-developed
infrastructure reduces the effect of distance
between regions, with the result of truly
integrating the national market and connecting
it at low cost to markets of other countries and
regions.
which is a 1,000-kilometer pipeline that has

been planned by the government and private
companies as a central piece for transporting
natural gas to the south region of Peru.
The pipeline would bring gas to many cities in
the southern region of Peru and will enable the
development of petrochemical facilities; the
installation of electric power plants that will allow
small and large industrial facilities, will permit

energy source, and will allow the distribution of
compressed natural gas (CNG) in the southern
region of Peru. Today the construction of the
Southern Peruvian Gas Pipeline project has
been commissioned to Odebrecht and Enagas.
According to recent news, the transfer of
Kunturs (previous concessionaire) Environmental
Impact Study (EIS) to the current concessionaire
)

pipelines have already arrived to Callaos port.
The government has been evaluating different

alternatives to reduce such problems. One of
those alternatives is the Gasoducto Andino del
Sur, or Southern Peruvian Gas Pipeline project,
Peru is improving
its infrastructure
to promote new
investment and
increase its
economic potential
Infrastructure access map

Juan Pablo
Quay Bayovar
Colombia
Cabo Pantoja

Sechura
Piura
Mazan
Iquitos
Tamshiyacu
San Pablo
Tumbes
Talara
Paita
Punta Arena
Loreto
Saramiriza
Piura
Requena
Yurimaguas
Lambayeque
Juan Pablo
Quay Bayovar
Amazonas

Etn
Brazil
Pacasmayo
Ports
General
Contamana
La Libertad
Malabrigo o
Chicama
Salaverry
San Martn
Mining
Hydrocarbons
Roadways

Puerto
Huarmey
Huarmey

Ancash
Antamina

Paved
Unpaved
Antamina
Supe
Vegueta
Huacho
Chancay
La Pampilla
Callao
Conchn

Cerro Azul

Madre de Dios
Junn
Maldonado

Lima

Pacucha
Terminal embarque
martimo Camisea
Roadways IIRSA - Peru
San Martn
#
Puno
!

IIRSA Norte /
Amazon axis
IIRSA Centro /
Central Amazon axis
Pucallpa

Chimbote
Ica
San
Nicols

Arequipa
San Nicols
Lamariyuni
Puno
Nazca
Barco
Atico
Moquegua
Matarani
IIRSA Sur / Peru Brazil - Bolivia and

Interoceanic
highway axis

San
Juan
Mollendo
Ilo
"

Andean axis
Projected roads
Source: Ministry of Transport and Communications
Pipeline reference map
Malvinas
Plant
F;
Bypass
point
F
! =>!

Construction will be made in three stretches
Chiquintirca
FQ
Quillabambas Anta
Cuzco
Thermal
Urcos
Plant
CUZCO
Abancay
<

APURIMAC
Future connections
FK
PUNO
'+ :; <

AREQUIPA
Puno
1.
#
Mollendos, Ilos and

Quillabambas thermal plants
and other thermal plant that
may choose to use natural gas
Arequipa
? )

Apurimac, Puno, Arequipa,
Cuzco, Moquegua and
Tacna regions. Several
branches and other
infrastructure will be built
from the pipeline in order
to supply those regions
with gas.
KX
Vehicles working with vehicle
natural gas (VNG)
3.
MOQUEGUA
Mollendos
Thermal
Plant
Moquegua
Ilos
Thermal
Plant
TACNA
Tacna
These two plants are part

of the Power Node
awarded by ProInversion
in November, 2013
Industry (factories)
4.
Residences
@
!
Jungle
m.a.s.l.
Jungle and
mountain
Highlands
5,000
4,000
3,000
2,000
Malvinas
Plant
Bypass
point
1,000
0
F; FQ
Source: ProInversion
FK
Coast
07
Perus Investment-Grade Rating
Peru has maintained its investment-grade credit
rating since Moodys Investors Services raised it
to that level in December, 2009 matching moves
made by Standard & Poors and Fitch Ratings
the previous year. Sound economic prospects,
with GDP growth rates estimated at 6% over
the medium term, are a key supporting factor
for the investment-grade rating. Perus robust
growth prospects are supported by rapidly
growing investments levels. The upgrade is also

)
)

of high and diversifying sources of growth with

*

fundamentals. It is expected that these trends
will remain in place over the medium term

despite an increasingly riskier international
environment. The strong support for sound trade
and macroeconomic policies from the current
administration of President Humala remains a
precondition for Peru to maintain its investmentgrade rating.
It is well known that countries with investment

that generates more foreign and domestic
investment. The risk premium demanded by
multinationals and foreign investors is slashed
after the upgrade. At the same time, the
investment horizon is elongated.
Perus investment grade rating (long term debt in Foreign Currency)

S&P
AA-
Fitch
Moody's
Chile
A+
Aa3
Peru
BBB+
BBB+
A3
Mexico
BBB+
BBB+
A3
Brazil
BBB-
BBB
Baa2
Colombia
BBB
BBB
Baa2
Uruguay
BBB-
BBB-
Baa2
Bolivia
BB
BB-
Ba3
Paraguay
BB
BB-
Ba2
Venezuela
CCC+
CCC
Caa3
Ecuador
B+
B3
Argentina
SDu
Ca
Country
Sources: Standard & Poors / Fitch Ratings / Moodys

S&P / Fitch
Moody's
AAA
Aaa
Risk Free
AA+, AA, AA-
Aa1, Aa2, Aa3
High Grade
A, A, A-
A1, A2, A3
High Repayment Capacity
BBB+, BBB, BBB-
Baa1, Baa2, Baa3
Moderate Repayment Capacity
BB+, BB, BB-
Ba1, Ba2, Ba3
Some Repayment Capacity
B+, B, B-
B1, B2, B3
Highly Uncertain Repayment Capacity
CCC+, CCC, CCC-, CC
Caa1, Caa2, Caa3
Extremely Vulnerable to Default
SD/D
Ca
Default
Feature
Investment grade
Source: Bloomberg
The same occurs with domestic investment.

K

allowing themselves to consider opportunities
with lower rates of return. The impact is
immediate, as consumers gain access to credit
with more favorable terms.
The upgrade to investment grade has brought
Peru a lot of positive attention worldwide. More
importantly, it has had a positive impact on
the local economy and should help to boost
the stock market and the appreciation of the
Peruvian currency, the sol, in the short term.
For this reason, nowadays, many multinational
corporations look the country more seriously, as

*

the country. This should contribute to alleviate a

still complex social situation in Peru, by achieving
improvements in employment and decreases in
poverty.
Country risk
As of December 31, 2014, Peru had a country
risk of 197 base points, ranking second-lowest in
Latin America. This score is less than half of the
regional average (407 points).
Country risk indicator

3,000
2,814
2,800
Venezuela
2,600
740
2,400
Argentina
2,200
545
2,000
Latin America
1,800
295
1,600
Brazil
1,400
1,200
231
1,000
Mexico
800
222
600
Colombia
400
197
200
0
Peru
31 Dec
2006
31 Dec
2007
31 Dec
2008
31 Dec
2009
Source: BCRP
31 Dec
2010
31 Dec
2011
31 Dec
2012
31 Dec
2013
13 Jan
2015
176
Chile
Peru has recently achieved the position of the

third most globalized country in Latin America,
according to the Globalization Index established
by EY. Five elements are considered within this
Z

*

exchange of technology and ideas, international
movement of workers, and cultural integration.
Additionally, in January 2013 Bloomberg
Markets positioned Peru as the fourth emerging
market with the greatest international
projection, based on the countrys advantages,
such as low share prices and their possible
increase in the future.
As may be seen in the following charts, Perus

*

America, with a rate of 3.2% in 2014, and an
estimated range of 2.8% for 2015. In addition,
over the past decade (2004-2013), the Peruvian

*

rate in Latin America, at 2.92%, below that of
Ecuador (3.99%), Colombia (4.29%) and Brazil
(5.51%).
X *

2.0
Peru
3.2
2.9
2.6
Argentina
Uruguay
3.3
1.7 2.9
3.0
3.3
2.2 3.1
3.2
3.4 3.9
3.8
4.1
4.5
4.7
2.6
3.7
Chile
Colombia
Mexico
Paraguay
7.5
7.2 8.5
8.1
6.1
6.0
6.2
5.4
Brazil
Latin America
6.2
5.0
10.5
10.0
25.9
12.5
7.7
7.4
10.0
15.0
20.0
2015*
25.0
2014*
2013
30.0
2012
*Estimate
Sources: BBVA Research - Peru / BCRP
Estimated Gross Domestic Product (GDP) growth percentage rates in Latin America
4.8
2.4
Peru
5.8
3.1
Chile
4.4
6.3
5.6
4.8
Colombia
Mexico
4.1
3.7
4.6
3.5
3.4
3.6
1.2
Latin America
0.0
4.0
2.5
2.5
2.0
3.1
4.0
6.0
2015*
2014*
8.0
2013
*Estimate
Sources: BBVA Research - Peru / Ministry of Economy and Finance / International Monetary Fund (IMF) / EY / BCRP
2012
08
Investment promotion conditions
Foreign investment legislation and
trends in Peru
The Peruvian government is committed to
pursuing an investor-friendly policy climate.
It actively seeks to attract both foreign and
domestic investment in all sectors of the
economy. It has therefore taken the necessary
steps to establish a consistent investment
policy which eliminates all obstacles for foreign
investors, with the result that now Peru is
considered to have one of the most open
investment regimes in the world.
offers automatic investment authorization and

establishes the necessary economic stability
rules to protect private investors from arbitrary
changes in the legal terms and conditions
of their ventures and reduces government
interference with economic activities.
In an attempt to reduce the political risk

perception of the country, Peru has adopted a
legal framework for investments which
FDI is concentrated in mining, oil and gas,

$
Direc
*

Perus Central Bank reported that the stock of

foreign direct investment (FDI) is expected to be
US$7,685 million for 2015.
Foreign investment by industry (2013)
(millions of US$)
12,240
3%
3%
7,829
7,685
9,298
8,233
8,455
6,924
6,431
5,491
24%
14%
19%
17%
2015*
2014*
2013
2012
2011
2010
2009
2008
2007
2,579
5%
12%
3,467
2006
1,599
2004
2005
1,335
2003
3%
Mining
Energy
Finance
Commerce
Communications
Petroleum
Industry
Services
Others
*Estimate
Source: BCRP
Source: Proinversion
The Peruvian government guarantees foreign

investors legal stability on income tax regulations
and dividend distributions. Foreign investors
entitled to obtain tax and legal stability are those
willing to invest in Peru, in a two-year term, at
least US$10 million in the hydrocarbon and/
or mining sectors; US$5 million in any other
economic activity or to acquire more than 50% of
the shares of a privatized state-owned company.
Peruvian laws, regulations, and practices do
not discriminate between national and foreign
companies. Accordingly, national treatment
is offered to foreign investors. There are
no restrictions on repatriation of earnings,
international transfers of capital, or currency
exchange practices. The remittance of dividends,
interests and royalties has no restrictions either.
Foreign currency may be used to acquire goods

)

)

the operator is in compliance with the relevant
Peruvian tax legislation.
Recognition of Favorable Investment

Climate
According to the World Economic Forum 20142015, Peru is among the top countries in Latin
America in terms of macroeconomic environment,

)

technological preparation, between others.
2013 - 2014
2014 - 2015
Ranking
Score
Ranking
Score
61/148
4.25
65/144
4.20
Basic Requirements
72
4.53
74
4.59
Institutions
109
3.36
118
3.40
Infrastructure
91
3.50
88
4.19
Macroeconomic Environment
20
5.91
21
5.04
Health and Primary Education
95
5.36
94
5.73
@= @
57
4.20
62
4.20
Higher Education
`
{ X

)
{ X
Financial Market Development
86
52
48
40
4.01
4.37
4.50
4.50
83
53
51
40
3.99
4.19
3.71
4.14
Peru Total
SUB-INDEX:
Technological Readiness
86
3.39
92
3.55
Market Size
43
4.46
43
5.61
Innovation and Sophistication Factors
97
3.35
99
3.73
Business Sophistication
74
3.95
72
4.14
122
2.76
117
3.31
Innovation
Source: World Economic Forum 2014-2015
Ease of Doing Business in Peru
Doing Business (presenting Latin America countries)

Position
According to Doing Business 2015, Peru ranks

35nd out of 189 countries in terms of ease of
starting a company and doing business, and
ranks second in Latin America, as corroborated
by Forbes.
34
Country
Colombia
35
Peru
39
Mexico
41
Chile
47
Puerto Rico (United States)
52
Panama
73
Guatemala
82
Uruguay
83
Costa Rica
84
Dominican Republic
92
Paraguay
Source: World Bank (WB) - Doing Business 2015
Forbes (presenting Latin America countries)

Position
Country
29
Chile
52
Peru
55
Uruguay
57
Costa Rica
61
Mexico
66
Panama
67
Colombia
86
Dominican Republic
94
Brazil
95
Guatemala
106
Paraguay
Source: Forbes 2014
The following are the principal indicators for the investment climate:
Indicators
Number of procedures
Starting a
business
Construction
permits
Property
registration
Getting
electricity
Access to
credit
6.0
8.3
30.1
Cost (% of per capita income)
9.2
31.1
Registration of minimum capital paid up (% of per capita income)
0.0
3.2
14.0
13.3
Time (days)
174.0
178.3
0.5
2.7
4.0
7.0
Time (days)
6.5
63.3
Cost (% of property value)
3.3
6.1
5.0
5.5
Time (days)
100.0
67.4
325.7
444.5
Strength of legal rights index (0-10)
8.0
5.0
Depth of credit information index (0-6)
8.0
5.0

)
\}

9.0
3.9
6.0
5.1
Ease of shareholder legal proceedings index (0-10)
6.0
6.4
Strength of investor protection index (0-10)
6.2
4.6
Number of payments per year
9.0
29.9
293.0
365.8

}
22.8
20.7
Labor tax and contributions (%)
11.0
14.7
?
}

Documents to export (number)
Time to export (days)
Cost to export (US$ per container)
Documents to import (number)
Time to import (days)
Cost to import (US$ per container)
Time (days)
Enforcing
contracts
Resolving
bankruptcy
12.6
39.3
Extent of director liability index (0-10)
Other taxes (%)
Trading across
borders
33.5
100.0
Extent of transparency and access to public information index (0-10)
Time (hours per year)

Paying taxes
Latin America and the

Caribbean
26.0
Time (days)
Coverage of private entities (% of adults)
Protecting
investors
Peru
2.2
12.9
36.0
48.3
5.0
6.0
12.0
16.8
890.0
1,299.1
7.0
7.0
17.0
18.7
1,010.0
1,691.1
426.0
736.9
Cost (% of claim)
35.7
30.6
Procedures (number)
41.0
39.8
Time (years)
3.1
2.9
Cost (% of estate)
7.0
16.4
Recovery rate (cents on the dollar)
28.5
36.0
Source: World Bank (WB) - Doing Business 2015
Settlement of investment disputes

Foreign investors are protected against
inconvertibility, expropriation, political violence
and other non-commercial risks through
access to the corresponding multilateral and
bilateral conventions such as the Overseas
Private Investment Corporation (OPIC) and the
Multilateral Investment Guaranty Agency (MIGA).
Also, Peru has joined the International

Convention for Settlement of International
Disputes (ICSID) as an alternative to settle
disputes arising between investors and the
government. In addition, Peru has signed 29
Bilateral Reciprocal Investment Promotion and
Protection Agreements (BRIPPAs) and 11 Free
Trade Agreements (FTAs).
Bilateral Reciprocal Investment Promotion and Protection Agreements (BRIPPAs)
Germany
Cuba
El Salvador
Argentina
Bolivia
Chile
Colombia
Ecuador
Paraguay
Venezuela
Denmark
Spain
Finland
France
Netherlands
Italy
Norway
Portugal
United Kingdom
Czech Republic
Romania
Sweden
Switzerland
Australia
China
Japan
South Korea
Malaysia
Thailand
Source: ProInversion
Stabilization Fund for Prices of Oils Fuel

Derivatives
The Stabilization Fund for Prices of Oils Fuel
Derivatives is an intangible fund created in 2004,
with the intention of preventing that the high
volatility of international oil prices are passed
on to Peruvian consumers prices. This topic has
become important for Peru, as it is an importer
of oil; therefore, international prices impact the
national market.
The fund established a band of prices with
maximum and minimum limits, so that when the
international prices rise above the maximum,
consumers pay the bands maximum price and

the Government uses the funds resources to
cover the difference. On the contrary, when
prices fall below the minimum, consumers
pay this price and the difference between
such payment and the bands minimum is
accumulated in the fund. The band of prices can
be updated from time to time, due to drastic
variations in international oil prices. Indeed, it
was recently updated in January 2015, due to
international oil prices plummeting to historic
levels at the end of 2014.
II
Starting a
business in
Peru
01
02
Requirements for
foreign investors
Establishing a Peruvian
corporation
Foreign investors will only be able to sign license

and service contracts and therefore, carry out
oil and gas exploration and production activities
if they establish a corporation (subsidiary or

)
in the capital of Peru and appoint a Peruvian
representative.
The most common types of legal organizations
used by foreign investors to establish a
corporation in Peru are a corporation (Sociedad
Annima - S.A.) and a limited-liability company
(Sociedad Comercial de Responsabilidad
Limitada - S.R.L.). However, Peruvian Company
Law also provides other forms of legal entities,
including two special forms of corporations: the
closely held corporation (Sociedad Annima
Cerrada) and the public corporation (Sociedad
Annima Abierta).
In these cases, the legal, technical, economic

exploration and production activities, evaluated
by Perupetro (governmental agency with which
investors sign license and services contacts), will
lie in the parent company, who will be jointly and
severally responsible for the capacity of their
Peruvian branches and/or corporations. If there

must be followed by the applicant company.
Associative agreements, such as joint ventures,
are also allowed.
Corporations
A corporation (Sociedad Annima - S.A.) is
composed of shareholders whose liability is
limited to the value of their shares. The S.A. is
managed by a board of directors and one
or more managers. To form an S.A., investors
(i.e. the shareholders) must sign the deed of

)
)

the Mercantile Registry. The registrar receives
the public deed and proceeds to register the
company. The registrar is also interconnected
with the Tax Authority (SUNAT) to register
the company as a taxpayer and obtain the

)}

Contribuyente, RUC). The bureaucratic and
legal steps that an investor must complete to
incorporate and register a new standard S.A.
normally take between 15-30 days.
The incorporation documents must include,
at least, (a) the companys name; (b) business
purpose and duration; (c) the companys
domicile; (d) the name, nationality, marital status
and residence of any individual shareholder and
name, place of incorporation and address of
any corporate shareholder (a minimum of two
shareholders are required to set up an S.A.); (e)
the names of the initial directors, managers and
agents; (f) the start-up date of operations; and
(g) the capital structure (the shares of nominal
value and the total number of shares), classes
of shares, if applicable, and details of individual
initial capital contributions (whether in cash or
$

"|
of capital stock has been paid into a bank before
registration must also be provided.
Capital
Founders, shareholders
Types of shares
Capital is divided into shares which

may be freely transferred unless
such transfers are restricted by the
corporate bylaws. There are no
minimum or maximum capital
requirements although issued
capital must be fully subscribed and
at least 25% thereof paid in upon
incorporation. Capital may be
supplied in cash or in kind. Value of
non-monetary contributions must be
reviewed and approved by a majority
of the board of directors within 60
days of incorporation and may be
challenged in court during the
following 30 days.
An S.A. must have a minimum of

two individual or corporate
shareholders, with no requirements
as to their nationality or residence.
Shares must be nominative and they

represent the unit into which the
proprietary interests in a corporation
are divided. As a general rule, each
share gives the right to one vote, but
non-voting shares may be issued.
Different classes or series of shares
may be issued, with different rights
and/or obligations.
The shareholders general meeting

is the supreme body of the S.A.
and has power of decision on any
subject and the exclusive power of
decision with respect to
dissolution, amendments of the
corporate bylaws and a capital
increase or reduction, among other
key corporate decisions.
All shares must have the same par

value but may be issued at a
premium or at discount from par.
Corporations may purchase their
own shares in certain circumstances.
Bylaw restrictions on transfer of
shares are permitted.
Disclosure
Management
Legal entities with annual sales

or total assets equal or above
15,000 tax units equivalent to
US$19.37 millions (in 2015 tax
unit will be equivalent to PEN
S/.3,850) must submit audited

securities commission
(Superintendencia del Mercado
de Valores, former Conasev).
Disclosure requirements are
more stringent for publicly listed
companies.
One or more managers are

named (and removed) by the
board of directors, unless
bylaws stipulate naming by a
general shareholders
meeting. When only one
manager is appointed, he/she
will be the general manager.
There are no nationality
requirements.
Requirements
of a Corporation
(S.A.) in Peru
Control
Board of directors
An annual general meeting is required.

Bylaws may specify a higher quorum and
larger majorities than those laid down by
law. The minimum quorum for a general
|

$
Most decisions are taken by a simple
majority of the paid-up voting shares
represented. For major decisions, such as
capital increases or decreases or corporate
bylaw changes, the minimum quorum is
two-thirds of total voting shares represented
#

and the decision requires in absolute
majority of total voting shares represented.
An S.A. must have a minimum of three directors,

with no maximum number provided by the law.
There are no requirements as to their nationality
or residence. Directors need not be shareholders,
and they serve one to three-year renewable terms.
Directors may be elected by cumulative voting, in
which each share has as many votes as there are
directors to be elected, and shareholders either
accumulate their votes in favor of one candidate or
distribute them among several. A quorum is half
the board membership plus one. The board of
directors has all the powers vested in it by law and
the corporate by-laws.
Limited Liability Company

The Limited Liability Company or S.R.L.
(Peruvian acronym for Sociedad de
Responsabilidad Limitada) is subject to
registration procedures, reporting and
accounting requirements similar to those for
the S.A. The minimum number of owners is two,
the maximum 20, whose liability is limited to
their capital contributions. At least 25% of each
participants contribution to capital must be paid
upon founding.
The S.R.L.s capital is divided into and
represented by participating interests which
cannot be denominated shares and which are not

) $

may be transferred outside the company only
after they have been offered through the
management to other partners or the company
itself and they have declined to purchase
the offered interests. Further restrictions on
transfers may be set out in the bylaws.
As a general rule, an S.R.L. is managed and
represented by all its partners. However,
the partners general meeting may entrust
the companys management to one or more
managers who do not need to be partners
in the S.R.L. or Peruvian citizens. Decisions
are determined by the majority of capital
contributions.
The main characteristics of the S.R.L. are:
Limited liability. Partners are not personally
liable for the corporations liabilities.
Centralized management. Partners general
meeting and one or more managers (no board
of directors is required).
Transfer of interest. Transfer of partners
interest to third parties is subject to approval
by the existing partners and must be registered
in the public register.
Continuity. Death, illness, bankruptcy,
retirement or resignation of any partner does
not cause the dissolution of the entity.
Closely held corporation

)

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 public where
either (i) it has undertaken an initial public
offering (IPO) 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, each of whom
owns at least 0.002% but no more than 5% of the
shares representing the corporations capital;
(iv) it is incorporated as a public corporation; or
(v) all the shareholders with voting rights agree
unanimously to subject the company to the legal
regime applicable to public corporations.
03
Establishing a branch
Branches are another type of investment vehicle
foreign investors can establish for carrying out
oil and gas exploration and production activities.
The branch does not have legal independence
or juridical personality distinct from its parent
company. Therefore, the branch will be regulated
by the parent companys bylaws and its activities
must be within the parent companys corporate
purpose.
In the case of branches, the capital assigned
by the parent company does not have any
limitation, but it must be previously deposited
or wire transferred in a Peruvian Financial
Institution. As for capital, the parent company
remains fully liable for the obligations assumed
by the branch.
Procedures for organizing a branch in Peru are

similar to the procedures applicable to organizing
corporations or limited liability companies. It
takes between two to three weeks to register
a branch once the necessary documents have
been submitted to the Peruvian notary.
These documents include copies of the parent

)

the shareholders agreement to set up a branch

)
assigned capital and line of business,

a legal representative in Peru and a Peruvian

is duly constituted in the country of origin and
entitled to set up a branch in a foreign country.
Procedures for
organizing a branch
in Peru are similar
to the procedures
applicable to
organizing
corporations or
limited liability
companies
04
Associative agreements
Associative agreements are another type
of investment vehicle that allow different
companies (and individuals) to jointly participate

)
or enterprises for reaching a common purpose.
This type of investment vehicle is very common
in the hydrocarbon sector because of the great
risk involved in carrying out this type of activity.
This makes sense due to the large amount of
investment normally incurred in the exploration
and production phase.
Unlike the other types of investment vehicles,

an associative agreement does not create a
corporation or legal entity different from its
associates. Indeed, even though they have
a common purpose in developing a business
activity together; associative agreements are not
considered as legal entities, therefore, each of
the parties keep their juridical and patrimonial
independence.
There are three types of associative agreements:
partnership contracts, consortiums, and
joint ventures. Resources assigned to the
aforementioned contracts will be considered
as foreign investment provided these contracts
grant foreign investors a participation in the
production capacity, which does not qualify as
a capital contribution. Also, these investment
vehicles should correspond to contractual
commercial transactions through which a foreign
investor provides goods or services, obtaining
a participation in the physical production, the

)

company that receives the investment.
To carry out hydrocarbon activities, each of the

)

$?

)

for engaging in obligations, rules and
investments required for developing the
hydrocarbon activity. One of the parties must
be assigned as the operator responsible for
conducting the activities; however, all of
the parties will be jointly and severally liable
before Perupetro for the assumed contractual
obligations.
III
Hydrocarbons
in Peru
01
Importance of Perus oil
and gas sector
The oil and gas sector in Peru has gone through
a transformation, from an industry in decline to a
major contributor to the economic growth in Peru.
As a result, Perus oil and gas sector became more

competitive. From 1990 to 1997, the investment
in the sector increased from $20 million to $4.3
billion. Areas under operation went from 1 million
to 23 million hectares in the same period. Prices
were set by the market, not the state.
Historically, Peru became an importer in the late

1980s and early 1990s. The combination of a
state-dominated turn in Perus energy sector in
the 1960s (political interference such as policies
that changed from government to government,
refusal by various governments to grant new

set Peru on a path of dwindling reserves. The
implementation of such policies caused a decline
in private investment.
?
"K
2005, when the major reserve of natural gas
near the Camisea River in the Amazon began
producing (which now is known as the Camisea
Project)*. From that moment on, Peru has
entered into a takeoff stage, explained not only
by the Camisea discovery and the geological
potential, but also by the economic and political
stability that it has achieved during the last years
for the oil and gas sector, as well as the oil and gas
discoveries in several locations of the
country. The rising investment in Peru during the
*
$
Under these circumstances, the military

dictatorship decided to expropriate the
International Petroleum Company and created a
state-owned oil company named Petroperu,
which controlled the sector for approximately 25
years. Nevertheless, their management did not
result in an improvement of the sector as they
were losing money, reserves and production.
For this reason, the government in force in the
90s decided to restructure the company
implementing a privatization process, in
downstream operations and assigning Perupetro
(newly created governmental agency) the
commercial faculties to enter into with investors
in license and service contracts (see more detail
about Petroperu in page 51).
As a result of smarter energy management, Peru

began to diversify its energy use, reduce
its dependence on imports, and position itself as

}`$
challenges remain, particularly as exploration and
development activities in environmentally and
socially sensitive areas increase.
(*) The Camisea Project was discovered in 1989
Hydrocarbon Investment (exploration and exploitation phase)

2004
2005
Exploration
44.00
96.40
2006
136.30
Exploitation
232.80
254.90
551.90
Total
276.80
351.30
688.20
2008
2009
2010
2011
2012
2013
2014*
251.00
539.10
539.10
747.06
476.90
785.080
438.04
420.88
855.00
610.80
610.80
576.50
884.00
731.102
812.49
587.29
2007
1,106.00 1,149.90 1,149.90 1,323.90 1,360.90 1,516.18 1,250.53 1,008.17
Source: Perupetro
*The numbers shown for year 2014 only include the investments performed from January to November 2014.
Estimated hydrocarbon investment until 2016

Batch gowth
88 y 56
(Pluspetrol) Batch growth Z-1 Main
growth
(BPZ,
; ] (TGP)
3000
{
$
Talara
(Petroperu)
{
$
La Pampilla
^!
]
2500
Exploration and
exploitation
2000
Distribution and
transport
1500
1000
Processing and
Petrochemical
500
0
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
The historical investment on infrastructure is estimated. The projections made from year 2012 were made in January 2013.
The chart makes the starting year for the investment on construction. Some projects duplicate the investment in the second or
third year of construction.
Sources: Ministry of Energy and Mines / SNMPE / APOYO
According to the Ministry of Energy and Mines,

an estimate of US$38,200 million in investments
in the energy subsector is projected until 2020,
where more than 50% correspond to investments
in hydrocarbons.
Some of the aforementioned investments
correspond to ongoing projects that may lead to
new opportunities in the energy sector, such as
new thermal power plants.
Peru has also mantained an important position
in the international oil and gas market. In 2012,
Peru ranked 94th out of 147 countries in a
survey done by Fraser Institute, surveying the
attractiveness for global oil & gas investment. In
2013, it ranked 106th out of 157 countries, and
in 2014 it ranked 78th out of 156 countries.
The government is working on making the

appropriate improvements, especially in
environmental and infrastructure matters.
Ongoing investments in energy till 2020
Subsector
US$ Millions
Electricity: Power node, hydroelectric

plants, renewable energy sources,
transmission, ongoing investments
2013-2016, etc.
12,100
Hydrocarbons: Safety pipelines,

petrochemical pole, natural gas

?

petroleum gas pipeline, private
investment in exploration and
production, etc.
26,100
Total
38,200
Source: Ministry of Energy and Mines
Ranking by Fraser institute

Ranking of countries made according to the scope of investment barriers (based on the composite index
score of Fraser Institute).
Countries
2014
2013
2012
2011
2010
Ranking
(Sample of 156)
Ranking
(Sample of 157)
Ranking
(Sample of 147)
Ranking
(Sample of 135)
Ranking
(Sample of 133)
Guyana
51
90
48
97
n.d
Colombia
65
73
65
48
42
Brazil - Offshore CC
76
107
74
68
n.d
Brazil - Offshore
presalt area PSC
101
115
75
66
n.d
Chile
25
26
76
20
22
Uruguay
21
63
81
52
27
Brazil - Onshore CC
80
105
88
67
n.d
Peru
78
106
94
76
85
Argentina Neuquen
107
129
111
102
n.d
Argentina - Chubut
137
134
112
95
n.d
Argentina Mendoza
120
136
119
88
n.d
Argentina Tierra del Fuego
118
137
122
n.d
n.d
Argentina - Salta
113
147
126
82
n.d
Argentina - Santa
Cruz
134
131
140
94
n.d
Ecuador
154
156
142
134
127
Venezuela
156
157
146
135
132
Bolivia
155
154
147
133
133
Notes:
n.d: not determined
CC: Concession Contract
PSC:

Source: Fraser Institute
Oil & Gas canon revenues

1,600,000
1,400,000
1,200,000
975,075
1,000,000
800,000
600,000
400,000
200,000
0
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Source: Perupetro
Oil (liquid hydrocarbon) average audited production (2007 - 2014)

190,000
180,000
170,000
157,159
160,000
152,982
172,103
167,515
145,280
150,000
152,716
140,000
130,000
120,028
120,000
110,000
100,000 113,869
90,000
80,000
2007
2008
2009
2010
2011
2012
2013
2014
2015
Annual average
*Includes petroleum and liquid natural gas

Fiscal revenues (2005-2014)

?

from the activities carried out in the Camisea Project (Blocks 56 and 88), but also from the activities

)
$"|
"()

US$586 million to US$1,610 million.
2005
2006
2007
2008
2009
License
contract
542.18
672.07
791.03
1,132.01
859.12
Service
contract
44.32
60.71
65.03
85.30
54.10
586.50
732.78
856.03
1,217.31
913.22
Total
2010
2011
2012
2013
2014*
1,319.57 1,998.33 1,894.75 1,932.66 1,529.61

73.89
1.00
105.03
88.27
80.50
1,393.46 1,999.33 1,999.78 2,020.93 1,610.11
Source: Perupetro
*Estimate as of October 31, 2014
Average natural gas audited production (2007 - 2014)

1,310
1,210
1,110
1,010
910
810
710
610
510
410
310 259
210
110
10
2007
1,180
1,236
1,099
700
336
328
2008
2009
2010
2011
2012
2013
2014
2015
Transparency in oil & gas activities

EITI (Extractive Industries Transparency
Initiative), a global coalition of governments,
companies and civil society, is an international
organization that is working together to improve
openness and accountable management of
revenues from natural resources.
By joining EITI, countries implement the EITI
Standard to ensure full disclosure of taxes and
other payments made by oil, gas and mining
companies to governments, which are disclosed
annually in the EITI report, so that citizens
can be aware and informed of how much their
governments receive from the exploitation of

natural resources and also where such funds are
destined.
Peru joined EITI in 2005, given the importance
of oil and gas and mining activities in the
national income, and its meaningfulness in the
Latin American and global production. Thus,
)

to join the initiative, ensuring transparency and
stability of the rules related to the incomes from
extractive industries.
02
Hydrocarbon production
and exports
The investment and work involved in the
sector contributed to the recovery and the
positive evolution of the hydrocarbon national
production. The hydrocarbon production in
2014 has been 51% higher than registered seven
years ago, while the natural gas production has
increased approximately more than 377% in the
same period.
An emblematic example of this growth is the

Camisea project. This project was not only a

)

contributed on putting Peru on the map of
natural gas producers.
Estimated GDP hydrocarbon growth until 2016

35.0
30.0
Block 56
(Camisea)
Extention of
Block 56
25.0
20.0
Block 57
(Repsol)
Extention of
Blocks 56 y 88
15.0
10.0
2016
2015
2014
2013
2012
2011
2010
2009
2008
0.0
2007
5.0
Sources: Ministry of Energy and Mines / APOYO
Hydrocarbons audited production (2006 - 2014)

2006
2007
2008
2009
2010
2011
2012
2013
2014*
Liquid hydrocarbons
(MBls/d)
115.50
113.83
120.00
145.20
157.16
152.72
152.98
167.51
172.60
Petroleum (MBls/d)
77.50
77.07
76.50
71.03
72.70
69.55
66.65
62.89
69.52
LNG (MBls/d)
38.00
36.76
43.50
74.25
84.50
83.16
86.83
104.62
103.08
Natural gas
(MMScfd)
171.70
258.85
327.70
336.11
700.30
1,099.09 1,144.24 1,179.61 1,245.50
`Z `

Source: Perupetro
*Estimate as of November 30, 2014
Natural gas audited production by oil well

(2014)
Block
Accumulated
(MPC)
2,635,368
0.63
GMP
Petromont
Sapet
II
579,775
0.14
VII/VI
927,888
0.22
3,645,791
0.88
XIII
2,411,366
0.58
Petrobras
Olympic
Savia
Z-2B
1,919,135
0.46
Aguaytia
31-C
4,876,074
1.17
Pluspetrol
56
174,095,404
41.85
Pluspetrol
88
205,113,537
49.31
Repsol
57
Total
19,739,097
4.76
415,997,436
100.00
X
VII/VI XIII
II Z-2B
57 I
31-C
56
Perus hydrocarbon
production keeps
growing. As of 2007,
oil production has
increased in more
than 51% and gas
production has
increased in more
than 377%
88
41.85%
0.63%
0.88%
56
49.31%
0.14%
0.58%
88
II
XIII
4.75%
0.22%
0.46%
57
VII/VI
Z-2B
1.17%
31-C
*MPC: Thousands of standard barrels
Source: Perupetro
#=
Southern Peruvian Pipeline
In June 2014, ProInversion awarded a 34-year
concession of the Southern Peruvian Pipeline,
which is expected to cover a length of more
than 1,000 Km. with a total investment of
approximately US$7,330 million, out of which
an estimated of US$3,600 to US$4,000 million
correspond to the investment in infrastructure.

most southern regions of the country. It is aimed
towards providing those regions with a clean
and low-cost energy source, and being a reliable
source of gas to the upcoming petrochemical
and energy projects involved in the southern
power node.
?
))"(
and during the construction stage it will create
and estimate of 7,000 job opportunities.
Northern Peruvian Pipeline
The Government announced that during 2015 a
concession to build and operate a new pipeline
may take place.
Spanish contractor, by means of which the

optimization process, including an upgrade in the

#|)

95,000 bpd, and a desulfurization tower in order
to comply with current environmental standards.
This project will implicate an investment of an
amount up to US$3,500 million, creating around
14,000 direct and indirect jobs. Likewise, it

hydrocarbons production in the northern and
northeastern blocks.
`!
This project is aimed towards connecting the

Camisea gas reservoirs with central and northern
regions of the country, in order to satisfy the
increasing demand for natural gas.

)

)

Lima, the capital of Peru.
"

??

region of Piura, an area in which hydrocarbons
have been exploited since the early twentieth
century, and it is operated by Petroperu. It is the
second most important in the country, next to La

)
Repsol.

competitive, Petroperu signed a deal with a
This project contemplates the construction of six

new processing units that will produce low-sulfur
diesel in order to comply with environmental
standards set forth in Law No. 28694, which
forbids commercialization of diesel with a
content of sulfur above 50ppm.
The optimization process is estimated to last 47
months and includes the construction of fuel
storage tanks, for a total investment of US$800
million.
03
Diversifying the energy matrix:
Natural gas
The development of natural gas and condensates
from the Camisea project have created a new
strategic option for the energy sector in Peru.
The development has contributed to increase
the reserves and hydrocarbon production and,
therefore, the supply and demand patterns of
such energetic matrix.
Before the arrival of natural gas, the energy
matrix of Peru depended on liquid fuels
primarily imported diesel, coal, wood, and
other traditional energetics. Nowadays, the
consumption of liquid fuels has been reduced,
in order to introduce different energy sources,
`}
`
VNG (Vehicle Natural Gas). In the future, Peru
intends to generate a matrix based not only on
petroleum, but equally to renewable energy and
natural gas.
The global trend, in terms of fuel oil is to replace
oil with other sources that are cleaner and
cheaper. So by the time Camisea is completed,
Peru will be energetically integrated into all
corners. The development of this industry
will trigger the possibility of progressing in
the domestic and foreign markets, which will
contribute to a future advance on petrochemical,
fertilizer and other projects.
Camisea Project
Camiseas estimated hydrocarbon reserves
are around 13 million cubic feet of natural gas
and 660 million liquid barrels. It is estimated
that these reserves will reduce the cost of
electricity and national fuel by the time they
commercialize.
Energy mix objective (%) 2025
0.5%
20.0%
13.8%
65.7%
Natural Gas
and LNG
Renewable Energy
(Hydroelectric,
biofuels, wind,
solar, geothermic,
biomass, etc.)
Petroleum
Carbon
Natural gas demand forecast (2013 - 2033)

MMCFD
2,500.0
CAGR ('20-'33): 2.5%
2,000.0
CAGR ('12-'20): 5.1%
1,500.0
1,000.0
LNG
Possible Future LNG
Other Users - North
Electricity - North
Electricity - North
2033
2032
2031
2030
2029
2028
2027
2026
2025
2024
2023
2022
2021
2020
2019
2018
2017
2016
2015
2014
2013
0.0
2012
500.0
NGV - North
Other Users - North
Sources:
{~\X
These deposits are large enough to satisfy the

actual energy needs of the country for more than
a decade. This is why this deposit is one of the
most important energy sources of the country.
The Camisea zone is located approximately 500
kilometers to the east of the city of Lima, the
capital of Peru, on the eastern slopes of the Andes
in the region of Cusco. It is located in the Bajo
Urubamba valley, one of the areas with the major
natural biological diversity in the world.
The major part of the reserves are located in two
{

in opposite banks of the Camisea River. Blocks 88
and 56 are known as the blocks of the Camisea

project.
Three main actors are involved in the
management of the natural gas industry in
the Camisea project, at different stages. The
production stage has been granted by the
government to The Consortium integrated by
Pluspetrol (operator) - Hunt Oil - SK Innovation
- Repsol Exploracin Per - Sonatrach Peru
Corporation - Tecpetrol. The transportation
and distribution stages have been granted to
Transportadora de Gas del Per S.A and to
Gas Natural de Lima y Callao S.A (Calidda),
respectively.
National Energy Programme 2014-2025

In November 2014, the Ministry of Energy and
Mines presented the National Energy Programme
2014-2025. This document forecasts the
energy demand of the country until 2025. It also

)
through the offer of alternative and traditional
energy sources.
The provision set forth in the energy planning
for the country through 2025 expect an increase
in the consumption of liquid hydrocarbons
from 209,000 bpd to 285,000 bpd or, in other
scenario, from 212,000 bpd to 339,000 bpd,
stressing the necessity of new infrastructure.
Therefore, the optimization projects of the
?
importance in order to reach those expectations.
Another relevant topic regarding demand

)

of natural gas, which is looking forward
consolidation with the on-going and upcoming
projects of gas pipelines in the southern and
northern regions of the country, respectively. It
is expected that the national demand for natural
gas will rise from 1900MMscfd to 2400MMscfd
by 2025, making it necessary to develop a
national pipeline system for its supply.
On the other hand, taking into consideration that
Peru has a negative balance of trade rounding
!)

"(

activities become indispensable so that the

$
Looking forward achieving this goal, minimum

annual goals will be established, so that oil
production can be increased from 62 Mbpd to
153 Mbpd by 2025. It is worth mentioning that
the optimization of the Talara and La Pampilla
)
)
)
crucial to complete this task.
04
Growing potential
Peru has 18 sedimentary basins with
hydrocarbon exploration potential. However,
only three of them have been exploited, which
shows that an important part of the national
territory with hydrocarbon potential has not
been explored yet, especially in the jungle and in
the coast. According to Perupetro, Peru is one of
the few countries in the world whose territory is
relatively under developed, which means that it
has an almost intact hydrocarbon potential.
Ten basins are located in the continental zone
of Peru (in the coast and in the south and north
jungle), and the rest are located offshore.
The basins located in Talara, Maraon and
Ucayali are the best known. Further studies
have been conducted at these basins, especially
in the Talara basin, that has been explored and

(th century.
On the other hand, the Maraon basin (northern
jungle) already has production oil wells and new
structures have been discovered, but still this
basin is only partially exploited.
In the same sense, even though the Ucayali basin
(northern and central) has not been explored yet,

are the principal natural gas deposits of Peru.
Regarding the other 15 basins whose potential
have not been explored in detail, we have the
Santiago and Huallaga basins, where abundant
crude samples have been found, inferring in the
existence of active oil systems. We also have the
Madre de Dios basin, where preliminary studies

$
A case that may call attention is the Titicaca
basin, which produced light oil in very antique
)
"th century.
This area is still being under explored. In other

basins located offshore, the Government has
announced that results from seismic tests will be
)
"(|$
In the case of natural gas, in 2014 the Chinese
company CNPC acquired Petrobras assets in
the country, therefore compromising to an
investment of US$1.4 billion in exploration
)
|$
Petrobras estimated that it may contain up to 8
trillion cubic feet of natural gas.
Petroperu
Even though Petroperu, a state-owned company
of private law, initially was not actively involved
in exploration and exploitation of hydrocarbon
activities, which occurred as a consequence

nowadays it is re-assuming its participation in the
hydrocarbon production scenario.
In 2006, Peruvian Congress passed Law 28840,
which allowed Petroperu to return to participate
in all stages of hydrocarbon activities, especially
in exploration and production. Thus, it could be a
competitor in every activity of the industry.
?

upstream activities was taken in October
2014, when Petroperu associated with a
private company looking forward exploring
and producing hydrocarbons in Block 64.
This operation meant a step further into the
modernization plan for Petroperu, which
is aimed towards channeling private equity
for further projects, or associating with oil
companies in order to boost exploration.
Oil reserves
7,000,000
6,000,000
5,000,000
Proven
4,000,000
Probable
3,000,000
Possible
2,000,000
Resources
1,000,000
0
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
?

)

"
Natural gas reserves

120,000
100,000
Proven
80,000
Probable
60,000
Possible
40,000
Resources
20,000
0
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
?

)

"
Source: Ministry of Energy and Mine
Natural gas liquids reserves

6,000,000
5,000,000
Proven
4,000,000
Probable
3,000,000
Possible
2,000,000
Resources
1,000,000
0
2003
2004
2005
2006
2007
2008 2009(*)
2010
2011
2012
?

)

"
2013
Exploitation and exploration contracts (January to December 2014)

Suscribed
Inforce
Investment (US$ millions)*
Exploitation
24
587.29
Exploration
44
420.88
Total
68
1,008.17
*As of November 2014
Block
Basin
Suscription date
Lot area / ha
Effective work
area / ha
GMP
Talara
27.12.1991
6,943.250
339.00
Petrolera Monterrico
II
Talara
05.01.1996
7,707.420
136.00
Interoil Peru
III
Talara
05.03.1993
35,793.856
227.00
Interoil Peru
IV
Talara
04.03.1993
30,721.982
181.00
GMP
Talara
08.10.1993
9,026.032
42.00
VI/VII
Talara
22.10.1993
34,444.834
2,513.00
Exploitation contracts
Sapet Development Peru

Empresa Petrolera Unipetro ABC
IX
Talara
17.06.1993
1,554.133
52.00
Petrobras Energa Per
Talara
20.05.1994
46,952.342
2,252.00
XIII
Sechura
30.05.1996
263,357.845
29.00
Xv
Talara
26.05.1998
9,999.772
10.00
Olympic Peru INC

Pluspetrol Norte
Pluspetrol Norte
Maple Gas Corporation Del Peru
Aguaytia Energy Del Peru
Xx
Talara
19.01.2006
6,124.207
131.00
1-Ab
Maran
22.03.1986
287,050.906
2,037.00
Maran
20.05.1994
182,348.210
541.00
31-B 31-D
Ucayali
30.03.1994
71,050.000
154.00
31-C
Ucayali
30.03.1994
16,630.000
18.00
Pluspetrol Peru Corporation
56
Ucayali
07.09.2004
58,500.000
64.00
Perenco Peru Limited
67
Maran
13.12.1995
101,931.686
378.00
Pluspetrol Peru Corporation
88
Ucayali
09.12.2000
143,500.000
129.00
Savia Peru
Z-2B
Talara
16.11.1993
199,865.223
318.00
Savia Peru
Z-6
Talara, Sechura
20.03.2002
528,116.614
15,552.00
31-E
Ucayali
06.03.2001
10,418.934
9.00
Maple Gas Corporation Del Per

Repsol Exploracin Per
57
Ucayali
27.01.2004
287,102.800
12.00
Petroper
64
Maran
07.12.1995
761,501.001
66.00
Bpz Exploracin & Produccin
Z-1
Tumbes, Talara
30.11.2001
224,375.850
30,077.00
3,325,016.897
55,267.00
Total
continues...
continuation...
Block
Basin
Suscription date
Lot area / ha
Effective work
area / ha
XIX
Tumbes, Talara
12.12.2003
191,441.161
36.00
Gold Oil Peru
XXI
Sechura
04.05.2006
303,331.200
44.00
XXII
Talara, Sechura
21.11.2007
369,043.817
66.00
XXIII
Talara
21.11.2007
93,198.956
543.00
Upland Oil And Gas
XXIV
Talara, Sechura
23.07.2007
88,825.396
301.00
Savia Peru
XXVI
Sechura
21.11.2007
552,711.858
63.00
Faulkner Exploration Inc.
XXVII
Sechura
16.04.2009
56,173.057
144.00
Pitkin Petroleum Peru Xxviii
Exploration contracts
XXVIII
Sechura
23.09.2011
314,132.582
000.00
Repsol Exploracin Per
39
Maran
09.09.1999
745,141.204
119.00
Petrobras Energa Per
58
Ucayali
12.07.2005
340,133.717
65.00
Hunt Oil Exploration And

Production
76
Madre de Dios
02.05.2006
1071,290.083
235.00
Gran Tierra Energy Peru
95
Maran
07.04.2005
345,281.667
7,509.00
Compaa Consultora De Petrleo
100
Ucayali
26.03.2004
7,700.000
40.00
Pluspetrol E & P
102
Maran
13.12.2005
126,676.114
50.00
Talisman Petrolera Del Per
103
Maran,
Huallaga
09.08.2004
870,896.168
120.00
Siboil Del Per
105
Titicaca
13.12.2005
443,213.167
9.00
Petrolfera Petroleum Del Per
107
Ucayali
01.09.2005
252,232.329
114.00
Pluspetrol E & P
108
Ene
13.12.2005
1,241,675.952
36.00
Cepsa Per
114
Ucayali
14.07.2006
307,000.000
47.00
X
116
Santiago
12.12.2006
658,879.677
128.00
123
Maran
29.09.2006
940,421.092
171.00
Petrominerales Per
126
Ucayali
23.10.2007
638,354.821
12.00
129
Maran
24.05.2006
472,433.684
90.00
Cepsa Per
130
Maran
16.04.2009
1,275,349.404
130.00
Cepsa Per
131
Ucayali
21.11.2007
778,403.370
90.00
Petrolfera Petroleum Del Per
133
Huallaga, Ucayali
16.04.2009
309,309.197
47.00
X
135
Maran
21.11.2007
1,020,390.628
117.00
X
137
Maran
21.11.2007
448,947.445
117.00
Kei (Peru 112) Pty
144
Maran
16.04.2009
683,616.472
87.00
Andean Exploration Peru
145
Bagua
16.04.2009
500,000.004
80.00
Pan Andean Resources Plc (Peru)
161
Ucayali
16.04.2009
491,784.035
90.00
Tecpetrol Lote 174
174
Ucayali
23.09.2011
263,943.844
000.00
Hydrocarbon Exploration PLC
183
Maran
28.09.2011
396,825.657
000.00
Savia Per
Z-33
Lima, Pisco
01.09.2004
424,783.279
15,414.00
continues...
continuation...
Exploration contracts
Block
Gold Oil Peru

Savia Per
Savia Per
Lot area / ha
Effective work
area / ha
08.03.2007
296,799.266
32,549.00
20.09.2005
1081,517.478
20,549.00
14.07.2006
999,995.388
20,549.00
Basin
Suscription date
Z-34
Talara
Z-35
Salaverry, Trujillo
Z-36
Salaverry
Kei (Peru Z-38) Pty
Z-38
Tumbes, Talara
12.04.2007
487,545.511
112,555.00
Savia Per
Z-45
Talara, Sechura
21.11.2007
1,092,048.347
546.00
Sk Energy
Z-46
Trujillo
21.11.2007
898,585.223
411.00
Savia Per
Z-48
Salaverry
21.11.2007
576,053.879
411.00
Savia Per
Z-49
Salaverry
21.11.2007
540,496.553
411.00
Savia Per
Z-51
Lima
16.07.2010
849,413.879
000.00
Savia Per
Z-52
Lima
16.07.2010
803,574.482
000.00
23,578,280.960
214,095.00
TOTAL
2D and 3D seismic
350.0
722.0
2,000
1,168
1,332.9
2,503.2
6,000
4,000
5,070.2
8,000
7,405.0
10,000
5,966.9
12,000
11,019.4
Registered 2D seismic , 2007 - 2014 (Km)
0
2007
2008
2009
2010
2011
2012
2013 Executed Projected

2014
2014

As of November, 2014
3,500
2,000
1,500
483.9
2,500
1,425.9
3,000
2,497.2
2,694.1
4,000
1,000
500
217.0
3,018.0
4,500
2,040.1
5,000
2,392.5
4,313.0
Registered 3D seismic , 2007 - 2014 (Km)
0
2007
2008
2009
2010
2011
2012
2013 Executed Projected

2014
2014
Develoment and exploratory drilling

Development drilling
Period: 2002 - 2014
225
200
175
150
125
100
75
50
25
0
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
Northwest
16
25
59
65
165
170
128
185
197
177
55
70
Plinth
22
23
19
20
23
Jungle
10
10
12
10
Total
12
26
34
69
78
177
185
147
214
227
197
85
101
2014
2014
Source: Perupetro
Exploratory drilling Period: 2002 - 2014

10
8
6
4
2
0
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
Northwest 2
11
Plinth
Jungle
Total
12
15
12
Source: Perupetro
05
Prior consultation
In order to start an investment project which
may require the exploration and/or exploitation
of natural resources, the government and/or the
community may require following a process of
consultation with the indigenous peoples who
might be directly affected by it.
Indeed, such process has to be done taking
into consideration that Peru has endorsed
Convention No. 169 of the International Labour
Organization, Law No. 29785, Law of the
Indigenous and Native Peoples Right to Prior
Consultation, was passed by Peruvian Congress
in August 2011, while its Regulations were
approved by Supreme Decree No. 001-20122012-MC, in force since April 4th, 2012.
The prior consultation process is triggered every

by the Government which could be directly
affected in their collective rights by legislative or
administrative means.
This process is meant not only to protect the
rights of the indigenous or native peoples,
)

*
the investment projects that may affect them
directly. Hence, this legal instruments goal is
aimed towards achieving consensus between
the promoting entities, such as the Presidency
of the Cabinet, Ministries or Administrative
Organisms, and the indigenous or native peoples
representatives.
The aforementioned Law and its Regulations set

the beginning of a new approach to be observed
between the Government and indigenous
peoples in the context of natural resources
exploitation projects, such as those in the
hydrocarbons industry.
As the process Regulations state, it has seven

stages, which are:
$

administrative mean matter of consultation.
$

their representative organizations.
iii. Publicity of the legislative or administrative
mean matter of consultation.
iv. Information.
v. Internal evaluation by the indigenous peoples.
vi. Dialogue between the Government and
indigenous peoples.
vii. Decision.
It must be noted that if a consensus is not met
in the last stage of the process, the promoting
entities will do their best effort in order to adapt
the legislative or administrative means so that
it guarantees the indigenous peoples rights and
the improvement of their living conditions. Thus,
the lack of consensus does not imply a veto right
in favor of the latter.
The decision must take into consideration the
following aspects: (i) Be in accordance to the
promoting entitys competences; (ii) respect
the Constitutional and legal frame; (iii) comply
with the environmental legislation; (iv) preserve
the survival of the indigenous peoples and
their collective rights; (v) guarantee communal
property and land rights of the indigenous
peoples.
Once a decision is achieved, a report of all
the process is submitted to the Interculture
Viceministry, which is the public entity in charge
of supervising all the process.
As of December 31st, 2014, more than 16 prior
consultation processes have taken place. Five
of them directly related to the hydrocarbons

and there are about 20 new prior consultation
processes announced to begin in 2015.
06
Future trends in the oil and gas
industry in Peru
Trends in the hydrocarbons industry
The actual energetic world demand, the
new costs related to non conventional oil
development, the vertiginous changes in the
hydrocarbon prices, and the potential existing
reserves place Latin America as a region with

)

K
energy provider.
In general, it is estimated that the energy
demand will rise 50% in the next two decades,
despite the actual global context. This will be
linked to the growth of the population worldwide,
but overall, to the magnitude of the new
emerging markets such as China, India and other
Asian countries.
In this context, the opportunity that opens for

important, even more if we consider that the
majority of the oil sedimentary basins have not
been explored yet. Also, there are large natural
gas reserves not only in the Camisea project, but
also in other locations.
Perupetro announced that by 2015 it will carry
out oil bidding rounds on several on-shore and
off-shore blocks (Blocks 177,165,197,198, 181,
157, 190, 191), for exploration and production
activities, and also other bidding rounds for oil
wells for other contracts that are about to expire
(i.e. Block 192, ex 1-AB). On the other hand, the
Ministry of Energy and Mines intends to promote
the development of natural gas transport,
the southern gas pipeline, and advance in the
development of the petrochemical industry.
The outlook for the countrys gas sector is

similarly bright. Gas production is projected to
jump from an estimated 9.3 bn cubic meters
(bcm) in 2012 to 13.0 bcm in 2016. Gas
consumption, meanwhile, is expected to grow
steadily, rising from 6.37 bcm in 2012 to
8.19 bcm by 2016. The gas export potential
therefore increases to 4.81 bcm, with scope for
a further rise to 5.74 bcm by 2021.
By 2016, Perus oil and gas exports are set to
yield approximately US$6.61 billion as oil import
volumes of an estimated 36,500 b/d in 2012
are transformed into potential net exports of
128,780 b/d in 2016.
Biofuels and the petrochemical industry

The development of the natural gas industry
in Peru is contributing to create new industrial
opportunities around this resource, such as the
biofuels or petrochemical industry. This
will contribute to reaching the energy matrix

)
)""|
)
matrix (13.8% oil; 65.7% natural gas and natural
gas liquids; and 20.0% renewable resources).
Biofuels, Biodiesel Peru International, Herco

Combustibles, among others.
In this context, biofuels are a clean and

renewable alternative against the contaminating
oil industry, especially for its contribution to the

)

transport.
The petrochemical industry can also contribute

as it will continue to expand the value chain,
opening new production lines of higher value
added to natural gas. The governments objective
is to promote the creation of decentralized
petrochemical poles that allow the disposal of
industrial services, in order to adequately meet
the scale economy factor and in that sense,
attract investors into reaching the growth and
development of petrochemical projects.

biodiesel and ethanol, but some processing
plants have been installed during recent years.
Some of the companies that have made
investments in this industry are: Pure
Peru has some advantages related to biofuel

production, due to the existence of great
potential for the development of several oil
crops, for obtaining fats and oils from animal
origin. The existing potential crops show high
production yields.
IV
Oil and gas tax
and legal
framework
01
Hydrocarbon terms
Hydrocarbons agreements
Oil and gas exploration and production activities
are conducted under license or service contracts
granted by the Government. Under a license
contract, the investor pays a royalty, whereas
under a service contract, the Government pays
remuneration to the contractor.
As stated by the Peruvian Constitution and the
Organic Law for Hydrocarbons, a license contract
does not imply a transfer or lease of property
over the area of exploration or exploitation. By
virtue of the license contract, the contractor
acquires the authorization to explore or to
exploit hydrocarbons in a determined area, and
Perupetro (the entity that holds the Peruvian
state interest) transfers the property right in the
extracted hydrocarbons to the contractor, who
must pay a royalty to the state.
License and service contracts are approved by

supreme decree issued by the Peruvian Ministry
of Economy and Finance, and the Peruvian
Ministry of Energy and Mining, and could only be

) )
parties.
Before initiating any negotiation, every oil

))

the requirements needed to develop exploration
and production activities under the contract
modalities mentioned above.
It must be noted that the terms and conditions
under which license contracts are negotiated and
subscribed remain the same for on-shore and
offshore blocks.
On the other hand, contractors will have
the right to use water, grit, wood, and other
construction materials, and to negotiate
permissions, easements and the right to use
water and surface rights, that neccesarily result
in carrying out their activities. If the exercise of
such rights generates economic damages, they
must be compensated.
Upstream and downstream activities

The activities performed in the hydrocarbon
sector are divided into two stages: upstream
and downstream. The activities included in the
upstream stage comprise the exploration and
exploitation of hydrocarbon deposits,
while the downstream stage refers to

)

commercialization of oil, gas and by-products.
Upstream Activities (*)

Exploration phase
The exploration phase is aimed at discovering
areas with oil potential. To reach that objective,
oil companies must plan, execute and evaluate
every type of geological, geophysical,
geochemical activity and carry out other studies,
geophysical activities, drilling exploring oil wells
and other related and necessary activities for oil
discoveries.
This phase will have a maximum duration of
7 years, counted from the effective date of
the contract (60 days after the signing date)
established on each contract. This term can be
divided into several periods as agreed in the
contract.
Exceptionally, the Ministry of Energy and Mines
can authorize an extension of three years for

minimum working program established in the

$
The contractor shall be responsible for providing
the technical and economic resources required
for the execution of the operations of this phase.
Explotation phase
The exploitation phase is comprised of
development and production activities related
to oil and gas extraction, in order to transport
it to relevant markets. These activities include,
among others, drilling of exploitation wells,
the construction of pipelines to transport the
(*) Perus Oil & Gas Investment Guide is mainly focused on

upstream actvities
Oil and gas

! =
all the requirements
needed to develop
exploration and
production activities
under a license or
service contract
extracted hydrocarbon production and any other

activity for extracting hydrocarbon.
This phase will have a maximum duration of
30 years for crude oil, and 40 years for non
associated natural gas and condensates, both
counted from the contract effective date.
Downstream Activities
Transportation
This activity is essential for carrying the
hydrocarbon production (liquid hydrocarbons
and natural gas) to the processing,
consumption and distribution sites.
Transportation can be done by ships or by
pipelines. Contractors must be granted by
a concession for transporting hydrocarbon
products by pipeline. These concessions will
have a maximum duration of 60 years.

This activity involves the construction of
industrial facilities, in which crude oil, natural
gasoline or other hydrocarbon sources are
transformed into fuel products, such as

}`

and industrial fuels. Contractor must obtain an
authorization from the General Hydrocarbons
Bureau for executing such construction.
Distribution and commercialization
Liquid fuels and other hydrocarbon byproducts
obtained as a consequence of the activity of
)

turn, dispatch them to oil stations, to retailers
and/or direct consumers, etc. In the case of
liquid hydrocarbon and similar hydrocarbon
byproducts, contractors must obtain an
authorization from Ministry of Energy and
Mines (MEM). In the case of natural gas,
distribution must be granted by a concession.
Government policies on the sale of

natural gas
Contractors must consider that the authorization
to explore or to exploit proven natural gas
reserves requires them to guarantee the supply

stated in the contract.
Assignment of an oil interest
The contractor can partially or totally transfer

investor, provided that the operation is approved
by the Ministry of Energy and Mines (MEM).
The transfer of the contractors interest will lead

to the maintenance of the same responsibilities
regarding the guarantees and obligations
assumed by the contractor. In this sense, the
stabilized tax regime applicable to the contractor
will also apply to the transferee.
Environmental obligations
Before initiating any hydrocarbon activity (e.g.
seismic exploration, drilling of exploration wells,
$

)
approval for an Environmental Impact
Study (EIS), which incorporates technical,
environmental and important social matters
that contribute to evaluate and determine the
necessary mechanisms for preventing,
minimizing, mitigating and remediation of the
possible negative environmental impacts that the
hydrocarbon activity will trigger.
Depending on the type of hydrocarbon activity
the contractor is intended to execute, it should

Z
Environmental Impact Statement (EIS)
Environmental Impact Study (EIS)
Semidetailed Environmental Impact Study
(SEIS)
The competent authority for protection and
environmental conservation in the case of
hydrocarbon activities, is the MEM (Ministry of
Energy and Mines), through the General Bureau
of Energetic Environmental Affairs (GBEEA).
02

The economic attractiveness of exploring a

*)
system that applies to deposits that are
discovered and subsequently developed. If

)

the overall objective of collecting an adequate

) )
the oil and gas industry for the government
while maintaining high levels of exploration and
production activities.
Keeping in mind those objectives and considering
that the levels of investment required in the
exploration stage in itself involves a great
associated risk, Peru has established several tax
incentives in order to reduce the tax impact that
arise to those operations by establishing a tax
stability regime, VAT exemption on the import of
goods and supplies for the exploration stage, and
K ?
$
At a glance
?

and gas industry consists of a combination of
corporate income tax, royalties and other levies.
Income Tax
rate
30%(1)(2)
Hydrocarbon
Royalties
5% imposed on the value of the

hydrocarbons produced in certain
block
Capital
allowances
Ring-fence rules and preoperative

investment amortization
Investment
incentives
Tax losses can be carried forward

stabilization agreements; VAT
recovery; VAT exemptions on
imports of goods for exploration
activities
(1) Oil and gas companies with license or service agreements

are subject to a 2% premium. This 2 points should be
added to the current Income Corporate Tax rate (28%
in 2015-2016, 27% in 2017-2018 and 26% in 2019
onwards), resulting in an Income Tax rate of 30%, 29% and
28% for Oil and Gas companies as of the date they signed
license or service contracts.
}"
|

$
Fiscal regime Corporate Income Tax

In general terms, oil and gas companies are
subject to the general corporate income tax
regime; nevertheless, there are certain special
tax provisions for the oil and gas sector.
Basic aspects
Resident companies (incorporated in Peru),
are subject to income tax on their worldwide
taxable income. Branches and permanent
establishments of foreign companies that are
located in Peru and nonresident entities are
taxed on income from Peruvian sources only.
Taxable income is generally computed by

reducing gross revenue by cost of goods sold and
all expenses necessary to produce the income
or maintain the source of income. Certain types
of revenue, however, must be computed as

not fully deductible for tax purposes. Business
transactions must be recorded in legally
authorized books of account that are in full
compliance with the International Accounting
Standards (IAS). Contractors (Peruvian
corporations and branches) are entitled to keep
their accounting records in foreign currency, but
taxes must be paid in Peruvian Nuevos Soles
(PEN).
The general corporate income tax rate for the
"(|"(#"$?
applicable for the taxable years 2017-2018 will
be 27% and for the taxable year 2019 onwards
will be 26%. However, companies carrying out
exploration and production activities under
hydrocarbon agreements must apply an income
tax rate of 30% (2015-2016), 29% (20172018) or 28% (2019 onwards). In addition, a
Dividend Tax at a rate of 6.8% (years 20152016), 8% (years 2017-2018) and 9.3% (years
2019 onwards), is imposed on distributions

)
resident companies and by branches, permanent
establishments and agencies of foreign
companies.
This tax is generally withheld at source. However,

in certain circumstances, the company must pay
the tax directly.
The mandatory closing date for business
enterprises is December 31st. Tax returns
))) {
according to the schedule established by the
Tax Administration. Taxes and related penalties
not paid by the due dates are subject to interest
charges, which are not deductible for corporate
income tax purposes.
Advanced payments
Companies and branches must make monthly
advance payments of their annual corporate
income tax. Advance payments shall be
calculated, in general terms, based on the
following methods:
Percentage method: By applying 1.5% to the

total net revenue of the month.
Ratio method: By dividing the tax calculated
in the previous year by the total accrued
net revenue of the same year and applying
the ratio to the net accrued revenue of the
month, multiplied by the factor 0.9333.
Income Tax prepayments apply as a credit

against the annual income tax obligation or

}
)
taxpayer.
Tax depreciation
Depreciation rates are applied to the acquisition

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the maximum annual depreciation rates allowed
by Law:
Capital gains
Capital gains derived by resident entities are
subject to income tax at a rate of 30%. As
general rule, capital gains derived by nonresident
entities from Peruvian sources are also subject
to 30%. However, with respect to the sale of
stock or securities in a Peruvian company, the
tax rate is reduced to 5% if the transfer is made
within the local stock exchange.
Capital allowances
Buildings and constructions*
5%*
Vehicles
20%
Machinery and equipment for

construction, mining and oil activities
20%
Machinery and equipment for other

activities
10%
Data processing equipment
25%
\
10%
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Trade or business expenses

In general terms, all corporate expenses
incurred in the generation of taxable income or
in maintaining its source shall be allowed as a
deduction for corporate income tax purposes.
This rule is subject to certain exceptions and
limitations expressly provided in the income tax
law.
Taxpayers may apply any depreciation method

)
and constructions, as long as the resulting
depreciation rate does not exceed the maximum
rates stated above. In general, except for
buildings and constructions, tax depreciation

$
Recently, the government has approved an
exceptional and temporary depreciation
regime applicable for years 2015-2016, which
allows taxpayers to depreciate buildings and

)
"
for Income Tax purposes. This regime only
applies if the goods are used only for business
purposes and if the following conditions are met:
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)

had begun from January 1st of 2014; and,
ii) If until the December 31st of 2016, the
construction has been at least 80% completed.
Valuation of inventory
Inventory is valued for tax purposes at the
acquisition or production cost. Financial charges
are not allowed as part of the cost. Taxpayers
may choose any one of the following methods
to calculate annual inventory for tax purposes,
provided that the method is consistently used:
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inventory, and basic inventory.
Pre-operative expenses
Pre-operative expenses may either be expensed
in the year production commences, or may be
amortized over a period of up to ten years from
the year in which production commences.
Special rules for investments on hydrocarbon
activities
Hydrocarbon law provides that exploration
and development expenditures, including
the investment contractors may make up to
the production date (when the commercial
extraction of hydrocarbon starts) can be
accumulated in an account. At the contractors
option and regarding each contract, the
amount is amortized using either of the
methods below:
On the basis of the production unit

Through lineal amortization deducting the
expenditures in equal portions during a

Any investments in a contract area that did not
reach the commercial extraction stage and that
were totally released, can be accumulated with
the same type of investments made in another
contract that is in the process of commercial
extraction. These investments are amortized
in accordance with the amortization method
chosen in the letter contract.
If the contractor has entered into a single

contract, the accumulated investments are
charged as a loss against the results of the
contract for the year of total release of the
area for any contract that did not reach the
commercial extraction stage, with the exception
of investments consisting of buildings, power
installations, camps, means of communication,
equipment and other goods that the contractor
keeps or recovers to use in the same operations
or in other operations of a different nature.
Once commercial extraction starts, all amounts
corresponding to disbursements with no
recovery value are deducted as expenses for
$X

occur as of the start of commercial extraction for
the following purposes:
Investments for drilling, completing or

producing start-up wells of any nature,
including stratigraphic ones, and excluding
acquisition costs of surface equipment.
Exploration investments, including those

geology, gravimetry, aerophotographic
survey and seismic surveying, processing
and interpreting.
The Manual of Accounting Procedures to be

)

considered as expenditures without any recovery
value.
Ring-fence rules for oil and gas contracts
The contractor determines the tax base and
the amount of the tax, separately and for each
contract. If the contractor carries out related
activities (i.e., activities related to oil and gas,
but not carried out under the terms of the
contract) or other activities (i.e., activities not
related to oil and gas), the contractor is obligated
to determine the tax base and the amount of tax
separately and for each activity.
The corresponding tax is determined based on
the income tax provisions that apply in each
case (subject to the tax stability provisions for
contract activities and based on the regular
regime for the related activities or other
activities).
A contractor with tax losses from one or more

contracts or related activities may not offset

)

activities. Furthermore, in no case may tax
losses generated by the other activities be offset

or from the related activities.
Hydrocarbon Royalty
As mentioned before, oil and gas exploration
and production activities are conducted under
license or service contracts granted by the
Government. Under a license contract, the
investor pays a royalty, while under a service
contract, the Government pays remuneration to
the contractor.
In both cases, however, the distribution of the
economic rent (royalty or remuneration) between
the Government and the investor is determined
based on the following methodologies:
Production scales
The total income tax amount that the contractor

must pay is the sum of the amounts calculated
for each contract, for both the related activities
and for the other activities. The forms to be used
for tax statements and payments are determined
by the tax administration.
If the contractor has more than one contract, it
may offset the tax losses generated by one or

other contracts or related activities. Likewise,
the tax losses resulting from related activities
)

more contracts.
It is possible to choose the allocation of tax
losses to one or more of the contracts or related

provided that the losses are depleted or are

)$
This means that if there is another contract
or related activity, the taxpayer can continue
compensating tax losses until they are totally
used.
This methodology establishes a percentage of

royalty (or brackets of royalties starting at 5%)
over certain scales of production (volume of
)

)

liquids, and other royalty percentages for the

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hydrocarbons, natural gas, etc.) means those

production point set between the investor and
the Government in order to establish the quality
and volume of hydrocarbons, according to
API (American Petroleum Institute) and ASTM
(American Society for Testing and Materials)
regulations.
Based on the scales of production, the

percentage of royalty is:
Scales of production (per
barrels per calendar day)
Percentage of
royalty
<5
5%
5-100
5% to 20%
> 100
20%
On the other hand, in the case of Cumulative

Production per Oil Field with price adjustments,

)

percentage per Oil Field of a Contract. The
royalty is adjusted based on two factors: the
cumulative production of each Oil Field and the
average price per barrel of such production.
Hydrocarbon royalties paid by oil and gas
companies shall be considered a deductible
expense for income tax purposes.
Incentives
Economic results (RRE)
According to this methodology, the royalty

royalty percentage of 5% to the variable royalty
percentage. The variable royalty percentage is
calculated once the ratio between revenues and
expenditures, as of the previous year, is at least
1.15. The variable royalty will be applicable in a
range between 5% and 20%.
Other Methodologies
R Factor and Cumulative Production per Oil

Field with price adjustments are alternative
methodologies. In the case of R Factor, the
royalty is calculated by applying a ration between
revenues and expenditures within a certain
period established in the Contract. For these
purposes, the minimal percentage of royalty is:
R Factor
Percentage of royalty
From 0.0 < 1.0
15%
From 1.0 < 1.5
20%
From 1.5 > 2.0
25%
From 2.0 or more
35%
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established in each Contract.
Relief for losses (consolidation of losses on

hydrocarbon activities):
Tax losses can be carried forward and offset

$
The provisions currently in force require the
taxpayer to elect one of the following procedures
to offset the tax losses:
Offset the total net tax losses from Peruvian

sources incurred in a tax year against net

following its generation. The amount
of losses not offset after this term are
cancelled.
Offset the total net tax losses from Peruvian
sources obtained in the tax year against 50%
of the net income obtained in the following
years, without limitation.
Perus tax system

has included
!
rules for oil and gas
companies (ring
fence rules, expense
amortization, etc.)
The election should be made when the annual

)
changed until the accumulated losses are fully
utilized.
Loss carrybacks are not allowed.
Special incentives for hydrocarbon investors:
Stability regime
The Organic Law for Hydrocarbons and the
related tax regulations foresee that the signing
of an oil and gas agreement implies the
guarantee that the tax regime in effect at the
date of signature will not be changed during the
life of the contract. This is intended to preserve
the economy of the contract so that no further
tax costs are created for the contractors.
The signing of an agreement for the exploration
or exploitation of a block freezes the tax regime
in force at the date that the contract is signed
for the entire life of the contract. Taxes covered
by this provision are the taxes in which the
responsibility rests on the contractor as
a taxpayer.
)

Z
Income Tax, but an additional two

percentage points must be applicable to the
rate in force at the signing date (i.e. current
Income Tax rate of 28% plus 2%). Taxes

)

the contract activities (i.e., dividend tax or
)

)
tax stability.
Indirect taxes (Value Added Tax, Municipal
Promotion Tax, and Selective Consumption
Tax), but only as to its transferable nature.
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)
but subject to the term and conditions
established in the provision that contain such
) $
Tax recovery regimes, temporal admission
regimes, export regimes and other related
regimes.
It is important to note that tax stability is, in
essence, granted for the contract activities
and not directly for the entities that signed the

contract. Therefore, changes in the contractors
ownership will not affect the tax stability. The tax
stability only covers the contract activities (i.e.,
the exploration and exploitation of hydrocarbons)
and no other related or distinct activities that
may be performed by the legal entity (e.g.,
downstream activities). Revenues obtained from
the sale or exports of the extracted hydrocarbon
are included in the activities covered with
tax stability.
?

recovery system; each one with its own scope
and requirements:
General early recovery VAT system: This

regime applies to companies that are in
a preoperative stage, allowing them to
recovery the VAT paid on the acquisition of
capital goods. This regime does not require
companies to sign an investment contract,

$
Early recovery VAT system

The early recovery VAT system allows obtaining
an early recovery of the VAT paid on the
acquisition of goods, services, construction
contracts, importations, etc., executed for
carrying out taxable operations or exports.
VAT is reimbursed through negotiable credit
notes (which are redeemable in exchange for a
check). This system prevents waiting to recover
such amount from a client when the invoice,
including VAT, for the sales of goods, services or
construction contracts is issued to the client.
In other words, this regime provides relief of

}

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no advance invoice (transferring the VAT burden)
can be issued periodically to the client.

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regime applies to companies that are in
a preoperative stage, and that also meet
the following conditions: (i) they enter
into investment contracts with Peruvian
government, to invest in economic Industry;
and (ii) they make a minimum investment
commitment of US$5 million for projects
with a preoperative phase of at least 2 years.
If the previous conditions are met, companies will

be able to recover VAT paid on the acquisition
or imports of capital or intermediate goods,
services, and construction contracts. The use of
one system does not preclude the possibility of
using the other, as they have a different scope
(items).

Under this regime, VAT paid on the acquisition
of goods and services used directly in oil and gas
exploration activities can be recovered without
having to wait until a commercial discovery takes
place or production begins. This regime will be
applicable from the contract signing date until
the end of the term of the exploration phase.
Goods and services included in the regime should
be incorporated in a list and approved by the
Ministry of Enery and Mines. The validity of this
regime has been extended until December
31, 2015.
Amazon promotion investment regime
VAT and ISC exemption on the sale of
hydrocarbon products: oil and gas companies
}

and storage activities) located in the regions
of Loreto, Ucayali and Madre de Dios will
be VAT and ISC exempted when selling oil,
natural gas and by-products to retailers or
to direct consumers. Retailers must also be
located also in the regions of Loreto, Ucayali
and Madre de Dios, and should perceive third
category income mainly from commercializing
oil, natural gas and/or its byproducts. Direct
consumers include corporations and individuals
located in the regions of Loreto, Ucayali and
Madre de Dios, that perceives third category
income due to activities different from
hydrocarbons commercialization.
of Madre de Dios can obtain a reimbursement

on the ISC that levied their oil products
acquisitions.
In both cases, oil and gas companies should be
located in the mentioned regions, be inscribed
in the Public Registry of such location, and
must have more than 70% of its shares and/
or activities in the Amazon region. These
requirements do not apply for oil and gas

$
Withholding taxes
Dividends
A dividend tax at a rate of 6.8% (years 20152016), 8% (years 2017-2018) and 9.3% (years
"(

)

nonresidents and individuals. The dividend tax
applies to distributions by Peruvian companies,
as well as to distributions by Peruvian branches,
permanent establishments and agencies
The law also states that retailers will only be

allowed to sell the exempted hydrocarbon
product to the public, or for its own
consumption; and that the direct consumer
will also be limited to use the exempted
hydrocarbon product only for the activities
carried out in the regions of Loreto, Ucayali and
Madre de Dios.
ISC reimbursement on oil products acquisitions:
oil and gas companies located in the region
from foreign companies. Peruvian Income

?

)

purposes of the dividend tax, including the
distribution of cash or assets, the reduction on
the capital of the company or the liquidation of
the company.
This law also provides that if a resident company
or branch, permanent establishment or agency,
pays expenses that are not subject to further tax
control or does not report income, the amount
of the payment or income will be subject to
dividend tax (i.e. it will be treated as a deemed
dividend distribution).
It should be noted that the effect of the increase
of the dividend tax rate combined with the
reduction of the corporate tax rate results in a
total tax burden of 31% (approximately) in each
$
Interest
Interest paid to non residents is generally subject
to a withholding tax at a rate of 30%. For interest

reduced to 4.99% if all the following conditions
Z
For loans in cash, the proceeds of the loan

are brought into Peru as foreign currency

)

the import of goods.
The proceeds of the loan are used for
business purposes in Peru.
The participation of the foreign bank is not
primarily intended to avoid the tax treatment
applicable to transactions between related
parties (i.e. the use of back-to-back loans is
consequently precluded).
The interest rate does not exceed LIBOR plus
7 points.
Technical Assistance Services

Payments for technical assistance services used
within Peru are subject to withholding tax at an
effective rate of 15%, regardless of the country
the services are rendered. To ensure
the application of the 15% rate, the local service
recipient must obtain and present to the Tax
Authorities upon request a report issued by an

was effectively provided. However, this is only
required when the fees under the corresponding
agreement for the technical assistance exceed
140 tax units (each tax until is equivalent to PEN
S/. 3,850 or approximately US$1,292).
Royalties
Peruvian source royalties paid for the use of
intangible property are subject to withholding
tax at an effective rate of 30%.
Indirect transfer of shares
As of February 16th, 2011, Law No. 29663
introduced a new category of Peruvian sourced
income that may lead to a scenario under
which a nonresident will be levied with income
tax. Broadly, Law No. 29663 provides that
30% income tax is imposed on any capital gain
realized upon the transfer of the shares of a
company located outside Peru that, directly
or indirectly, holds shares (or participation

interests) in one or more Peruvian subsidiaries
(i.e., an indirect transfer) on one of the
following situations:
the equity capital of one or more Peruvian

subsidiaries at any time within the 12 months
preceding the dispositions.
Transfer pricing
Where 50% or more of the fair market value

of the nonresident holding companys shares
is derived from the shares or participations
representing the equity capital of one or
more Peruvian subsidiaries at any time within
the 12 months preceding the disposition.
The overseas holding company is located in
a tax haven or low-tax jurisdiction, unless it
can be adequately demonstrated that the
scenario described in above did not exist.
New Law No. 29757, which amends Law No.

"##
)
in the preceding paragraph will only be
taxable where shares or participation interests
representing 10% or more of the nonresident
holding companys equity capital are transferred
within the 12-month period. This means
that transfers of shares (or participations)
representing less than 10% of the nonresident
holding companys equity capital are not subject
to taxation in Peru even when 50% or more of
the fair market value of those shares is derived
from the shares (or participations) representing
Peru has adopted transfer pricing guidelines,

based on the arms-length principle. The
accepted methods are the comparable
uncontrolled price (CUP) method, the resale
price method, the cost plus method and the
transactional net margin, as well as other
related methods based on margins. The OECD
guidelines can be used as a complementary
source of interpretation. Advance Pricing
Agreements (APA) may be negotiated with the
tax authorities.
In Peru, these rules do not only apply to
transactions between related parties, but also to
transactions with entities that reside in tax
havens; note that adjustments to the value
agreed between the related parties would
have place only in case it would had lead to the

criteria.
One or more legal entities are related parties if
one of them participates directly or indirectly in
the management, control or equity of the other
entity, or whenever the same person participates
directly or indirectly in the direction, control or
equity of diverse related entities.
As of January 1st 2013, Peru has introduced

)

account to determine the fair market value of
import and export transactions of goods (i.e.
hydrocarbons and their by-products) between
related parties carried out from, towards or
through tax haven jurisdictions. This allows the
intervention of an international intermediary
other than the effective recipient of those goods
or those import and export transactions.
According to these rules, the fair market value
(i.e. arms length price) for Peruvian income tax
purposes shall be determined by considering the

following:
For products (i.e., commodities) traded on the
international market, regulated commodity
exchanges or similar markets, the value at
which they are exchanged in such markets.
For agricultural products and their byproducts,

)
)

and mineral concentrates whose prices are

commodity in the international market,
regulated commodity exchanges or similar
markets, the price established taking the
commodity trading price as a reference.
The commodity price/quote or the price
set taking the commodity trading price as a
reference, irrespective of the transport modality,
shall be based on:
The end date of the shipment or landing of

the goods.
The average of quotations of a period of time
comprised between one hundred twenty
(120) calendar days or four (4) months prior
to the end of the shipment of the products
until one hundred twenty (120) calendar
days or four (4) months after the end of the
landing of the products.
The date the agreement is entered into.
The average quotation from a period of time
comprised between the day following the
date of execution of the agreement until
thirty (30) calendar days after that date.
Controlled Foreign Corporation Rules

(CFC Rules)
As of January 1st, 2013, the International
Fiscal Transparency Regime is applicable to all
Peruvian residents who own a controlled foreign
corporation (CFC). Under these rules, passive

income earned by CFCs in other jurisdictions,
must be included and recognized in the taxable
income of resident taxpayers in Peru, even
though there has been no effective distribution.
A non-resident subsidiary company will
constitute a CFC of a Peruvian company if:
The Peruvian company owns more than 50
percent of the subsidiarys equity, economic
value or the righting votes.
The non-resident entity must be a resident
of either: i) a tax haven jurisdiction; or, ii) a
country in which passive income is either not
subject to CIT or is subject to a CIT that is equal
or less than 75 percent of the CIT that would
have been applicable in Peru.
For the application of this Regime, the Law
has established an exhaustive list of items
that qualify as passive income (i.e. dividends,
interest, royalties, capital gains from the sale of
properties and securities, etc.).
Tax treaties
Peru has entered into a multilateral tax treaty
with the Andean Community countries (Bolivia,
Colombia and Ecuador), which calls for exclusive
taxation at source and bilateral income tax
treaties with Brazil, Chile, Canada, Mexico,
South Korea, Portugal and Switzerland (the last
four have entered in force as of January 1st,
2015). Peru has signed tax treaties also with
)

accordance to the procedures of each country.
In Peru, the procedure requires that the treaty
signed is submitted by the Congress for its

)
)
President.
The principal purpose of this income tax treaty
network is to prevent taxes from interfering
*

investment by mitigating international double
taxation with respect to certain income items.
This, however, is not a static list. Some existing

treaties are being renegotiated and others are in
various stages of negotiation with countries such
as France, Italy, Thailand, Sweden, Singapore
and the UK.
Except for the tax treaty with the other Andean
Community countries, tax treaties entered
into by Peru generally follow the OECD Model,
although they incorporate provisions that are
derived from the UN Model, to give more weight
to the source principle than does the
OECD Model.
Each of the treaties currently in force between
Peru and other countries deals with the same
matters. Many of the treaties contain common
provisions addressing the same issue. It should,
however, be noted that Perus tax treaties show
a remarkable degree of individuality, considering
that almost every treaty is different in at least
some respects. For that reason, it is essential to

particular tax issue.
Financing considerations
Thin capitalization
Debt to equity rule: Interest on loans from
related parties in excess of a 3:1 debt to equity
ratio is not deductible.
Indirect taxes
A 18% Value Added Tax (VAT) applies to the
following transactions:
Sale of goods within Peru.

Services performed or used within Peru.
Construction contracts performed within
Peru.
First sale of real estate by the builder.
Importation of goods from outside Peru,
regardless of the status of the importer.
VAT paid upon acquisition of goods or
services can be deducted from VAT related

$
Exporters are reimbursed for any VAT paid on

the acquisition of goods and services. Also,
exporters can apply such reimbursement as a
credit to offset VAT or income tax liabilities.
Selective Consumption Tax (i.e. Luxury Tax or
Impuesto Selectivo al Consumo)
The selective consumption tax (ISC) applies
to luxury goods such as jewelry, cars, cigars,
cigarettes, liquor, soft drinks, fuel, etc. ISC rates
range from 10% to 100%, generally based on
the CIF (imports) or sale value, depending on the
goods. However, for certain goods, such
as soft drinks and fuel, the ISC is calculated on a
)

sold or imported.
Selective Consumption Tax
Tariff heading
Products
2710.11.13.10
2710.11.19.00
2710.11.20.00
S/. per gallon
US$ per gallon*
Gasoline for motors with Research Octane Number

(RON) less than 84
1.36
0.46
2710.11.13.20
2710.11.19.00
2710.11.20.00
With RON equal or over 84, but less than 90
1.36
0.46
2710.11.13.30
2710.11.19.00
2710.11.20.00
With RON equal or over 90, but less than 95
1.78
0.60
2710.11.13.40
2710.11.19.00
2710.11.20.00
With RON equal or above 95, but less than 97
2.07
0.69
2710.11.13.50
2710.11.19.00
2710.11.20.00
With RON equal or above 97
2.30
0.77
2710.19.14.00 /
2710.19.15.90
Kerosene and Jet Fuels (Turbo A1), except certain

sales in the country or imports of airships.
1.94
0.65
2710.19.15.90
Jet Fuels (Turbo A1) only for:

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$
0.26
0.09
2710.19.21.10 /
2710.19.21.90
Gasoils, except Diesel B2
1.47
0.49
2710.29.21.20
Diesel B2
1.44
0.48
2710.19.22.10
Residual 6, except sales in the country or imports

) $
0.52
0.17
2710.19.22.90
Other fuels
0.50
0.17
*US$1 = S/.2.98
Taxable persons for ISC purchases are producers

and economically related enterprises engaged
in domestic sales of listed goods, importers of
listed goods, importers and economically related
enterprises engaged in domestic sales of listed
goods and organizers of gambling activities.
Liability to ISC arises under the same rules that
apply to VAT.
To avoid double taxation, a credit is granted for

cases.
Custom Duties
Rates and Tax bases
The applicable customs duties and taxes are
summarized below:
Tax
Rate
Tax bases
Custom
Duties*
0%, 6%
and 11%
CIF Value**
VAT
18%
CIF Value + Customs Duties

+ Excise Tax (if applicable)
* Customs Duties rates depend on the kind of items

imported. Capital goods are generally subject to a 0% rate.
** World Trade Organization (WTO) rules are applicable to
arrive at customs value.
VAT exemptions on import of goods for the

exploration phase
The import of goods and supplies required
for carrying out exploration activities in the
exploration phase is exempted from all taxes.
The list of goods to which this exemption applies
is published by the Ministry of Economy and
Finances (MEF).
This exemption will not be applicable if the
imported goods are used in other activities
rather than exploration or if they are sold to third
parties, unless:
The guarantee is an amount equal to the duty

and taxes that would have been payable at
import. If the goods are not exported within the
time limit you will have to pay an amount equal
to the duty and taxes that would have been
)

if the goods had not been treated as temporary
imports, plus interests.
International Trade Agreements
The main agreements executed by the
Peruvian government in order to gain access to
international markets are the following:
Andean Community (CAN):
They are sold or delivered to third parties for

its use in exploration activities.
They are re-exported with the previous
authorization of Perupetro.
They are used in exploration activities
during the exploration phase of another
hydrocarbon contract for the same
contractor.
They are sold or delivered to a company
authorized to imports those goods free from
all taxes.
Temporary importation
Goods required for the execution of hydrocarbon
contracts may be brought into Peru on a
temporary basis for a period of 2 years without
the payment of duty or taxes and re-exported
afterwards in the same state as they were at
import. This term can be extended for a one-year
period, for up to two times.
There are conditions placed on temporary
imports. The most important condition is that
you export the goods within the time limits
approved. In addition, a guarantee needs to be

$

)

trade zone established by this agreement for all
its member countries (Bolivia, Colombia, Peru
and Ecuador). Since Venezuela is no longer
a member of the CAN, Peru has celebrated a
Bilateral Agreement with Venezuela, which is in
force since August, 2013. Also, Peru, as member
of the Andean Community, has other obligations
and commitments regarding other topics besides
the free trade zone.
Southern Common Market (Mercosur):
Partial agreements executed by the Peruvian
government with each of the member countries
(Brazil, Argentina, Paraguay and Uruguay)
are in effect. By means of the aforementioned
agreements, Peru and Mercosurs member
countries have reciprocally granted each other
preferential customs duty rates.
Bilateral Free Trade Agreements with the United
States, Canada, China, Chile, EFTA States
(Iceland, the Principality of Liechtenstein,
the Kingdom of Norway and the Swiss
Confederation), Mexico, Japan, Singapore,
Thailand, Republic of Korea, Panama, European
Union (in force since March, 2013) and Costa
Rica (in force since June, 2013) are already in
force. In addition, Peru has celebrated the Partial
Agreement with Cuba (ACE 50). In order to apply
these preferential treatment, goods must meet,
certain requirements including origin and direct

expedition requirements.
Peru has also concluded Free Trade Agreement
negotiations with Guatemala, as well as with
)

each country: Mexico, Colombia, Chile and Peru.
'
{|!
:
Employers are required to distribute a share of

$?
depends on the companys activity, as follows:
Fishing 10%
Telecom 10%
Furthermore, Peru maintains negotiations with

Honduras, El Salvador and is working to conclude
?K }<
Darassalam, Chile, New Zealand and Singapore)
jointly with Australia, United States, Malaysia and
Vietnam and recently with Mexico and Canada.
Peru, Mexico, Colombia and Chile are members

goods preferential treatment as long as they
meet certain requirements, including origin and
direct expedition.
Finally, it is important to mention that Peru
is a founding member of the World Trade
Organization (WTO). Therefore, the WTOs
regulations regarding antidumping practices,
subsidies, countervailing duties and service
market liberalization, among others, are
applicable in Peru.
Industry 10%
Mining 8%, including exploitation of coal
mines; production of petroleum and natural
gas; and extraction of iron, uranium, thorium,
iron-free minerals, construction stone, clay,
talc, sand and gravel, feldspar and salt.
Commerce and restaurants 8%
Other 5%, including farming, stockbreeding
and forestry; production and distribution of
electricity; production of gas; transportation
services and services related to air
transportation (such as travel agencies, storage

and real estate; legal, audit and accounting
activities; business consulting, consulting
related to informatics and data processing; and
advertising, health and medical services, and
education.
Many oil and gas companies calculate this

) |
to the other group of activities. This has been a
matter of discussion at the judiciary level.

and the amount is deductible as an expense
for determining income tax. An example of the

)K
|
K
sharing rate is as follows:
Despite the aforementioned, recently the

government has suspended the application of
the General Anti-avoidance Rule, with exception

to acts, facts and situations produced prior to
July 19, 2012.
Other tax issues
Tax Unit (UIT)
Net income: 100

Z|
Net income for CIT purposes: 95
The UIT is the reference value employed for

tax purposes to determine the taxable income,
deductions and penalties, between others.
?
$

2015, the UIT amounts to PEN S/.3,850.00
(USD$1,292 aprox.)
Income tax (30% of 95): 28.5

Temporary net assets tax
Combined effect: 28.5 + 5 = 33.5 (33.5% of
net income)
The amount paid is allowed as a tax deduction
for corporate tax purposes. Not all foreign
governments recognize this as a creditable tax
and as such double taxation can occur.
General Anti-Avoidance Rule
As of July 19, 2012, an anti-avoidance rule
has been introduced in the Peruvian Tax Code
to assist the Tax Administration in responding
to situations of tax avoidance and simulated
transactions.
Indeed, when facing tax avoidance situations,
the Tax Administration will be able to coercively
request the corresponding tax debt, reduce tax

)
(including the restitution of the taxes unduly
refunded). To exercise powers under the GAAR,
Tax Administration must determine that the
Z

K
individual or jointly with others; and, b) the use

or economic results different than regular tax
savings obtained from the routine or proper acts.
A so called Temporary Net Assets Tax (ITAN) is

equivalent to 0.40% of the value of total assets
determined as of December 31st of the previous
year over PEN S/.1,000,000. The amount paid
is usable as credit against the Corporate Income
Tax, or subject to refund.
Pre-operative entities are exempt from of this

)
be subject to the tax the following year.
"}

A 0.005% tax is generally imposed on debits and
credits in Peruvian bank accounts.
Osinergmin Contribution
Oil and gas companies must pay a contribution
to OSINERGMIN, which cannot exceed 1% (after
VAT) of the annual invoicing obtained by all
companies that are under its scope, in the extend
those companies qualify as: i) Importers or

gas, ii) Hydrocarbons Pipeline Transporters or
iii) Natural Gas Pipeline Distributors.
OEFA Contribution
Oil and gas companies must pay a contribution
to the Enviromental Audit and Evaluation
Agency (Organismo de Evaluacin y Fiscalizacin
Ambiental OEFA), equivalent to 0.15%
(2015) or 0.13% (2016) over monthly invoicing
regarding the following activities: i) imports
~

petroleum gas. It must be noted that according
OEFA Resolution dated on February 2014, said
contribution does not apply to crude oil sales nor
other hydrocarbons derivatives.
FISE Contribution
The Energetic Social Inclusion Fund (Fondo
de Inclusin Social Energtico FISE) was
established in 2012, and is charged over oils
liquid derivatives and natural gas liquids supplies,
as well as natural gas pipeline transportation
system users; up to US$ 1 per barrel in
every primary sell and US$ 0.055 per Mcf,
respectively.
Stamp tax
Not applicable.
Exchange controls
Not applicable.
V
Miscellaneous
matters
01
Labor legislation
Hiring personnel

provision for hiring in Peru, although as an

)
$?

objective cause established by the law to enter
into this type of contracts (for example, start- up
)

substitution, etc) and its validity is subject to
compliance with certain formal requirements.
These contracts provide employees with all the
)

$
one and a half months salary per year of service

(under a non term working agreement); and,
one and a half months salary per pending

}
$
The maximum severance payment is twelve
salaries. Alternatively, the employee can demand
the restitution to the same job he had. The
law allows collective dismissals under certain
circumstances such as acts of God or force

dissolution, bankruptcy or operating downsizing
without having to grant the severance payment.
@!
|;
There are also other types of contracts in which

) )

Training Modalities or the Law that Promotes
Youth Access to the Labour Market and Social
Protection, among others.
Employers are required to provide the following

)

Z
?

the labor relationship and must be a maximum
term of: i) three months for all employees in

personnel , and iii) 12 months for management
personnel.
Vacation: equivalent to 30 calendar days of

rest, with one monthly remuneration.
Once this period is completed, the employees

are regarded as permanent and can only be
dismissed under circumstances concerned with
their behavior at work or ability to carry out their
duties.
Termination of employment contract

In accordance with the Peruvian Legislation,
employees are protected against arbitrary
dismissal.

may demand a severance payment equivalent to
Family allowance: equivalent to 10% of the

Minimum salary (PEN S/.75 for 2015).
Legal bonuses: 2 bonuses per year, one paid in

July and one in December, each one equivalent
to one monthly salary approx. Additional
Extraordinary Bonus equal to 9% of the legal
bonus must be paid until year 20142.
2
) X
<

paid until December 2014. The bonus was equivalent 9%

of the legal bonuses, or equal to 6.75% of said bonus if

Provider (EPS due to its name in Spanish). Currently the
law that regulated the Extraordinary Bonus has been
derogated; however, there are certain projects in the
Peruvian Congress to extend the Extraordinary Bonus as a
) $
Compensation for Time of Services (CTS):

equivalent to 1.16 months salary per year. 50%
has to be deposited in May and the remaining
50% in November, in the bank elected by the
employee.

:~the amount to be distributed
ranges between 5% and 10% of taxable income,
depending on the activity of the employer. This
)

less than 20 individuals.
) )

purposes.
Employers can negotiate with employees
earning a monthly salary higher than 2 tax units
(PEN S/.7,700 during 2015, approximately
US$2,584) of the total annual compensation,
) ))

$
Social contributions
Health Care Contribution: This contribution is
)

the social health system (EsSalud, in Spanish),
which provides health care services and pay
subsidies in case of employees disability. It is
collected by the Peruvian Tax Administration
(SUNAT). The amount contributed is equal to
9% of the employees remuneration.
If the company provides health coverage to its
employees using its own resources or through
an EPS (in Spanish, Entidad Prestadora de
Salud) it can request a credit of up to 25% of
the Health Care contribution, subject to certain
limits established by law.
Pension System Contribution: The employee
can alternatively join the Government
Pension System (GPS) or the Private Pension

System (PPS). In the GPS, the employee
must make contributions equal to 13% of his
remuneration. In the PPS, the employee has
to make contributions equal to an average
of 12,90% of his monthly remuneration paid
in cash. Regardlessof the system chosen by
the employee (GPS or PPS), the employer
is responsible to withhold employees
contributions from their salaries.
Mandatory Life Insurance: This is a mandatory
insurance paid for employees with four years
of services with the same employer. It is also
possible for it to be granted by the employer on
a voluntary basis to employees that have three
months of service. The premium depends on
the number of insured employees, the risk of
the work they carry out, and in general, on the
terms agreed with the insurance company.
High Risk Labor Insurance (SCTR): This is a
mandatory insurance to be paid by companies
whose activities have a certain level of risk

manufacturing, among others described in
Appendix 5 of Supreme Decree No. 009-97-SA
and provides additional coverage for health and
pension plans. The contract for health services

may be entered with EsSALUD or with a Private
Health Care Provider (EPS); a contract for
the pension coverage can be entered with the
Government Agency for Pension Fund (ONP,
due to its acronym in Spanish) or with a private
insurance company. The rates depend on the
type of activity and/or the terms agreed on
with the insurance entity.
Other contributions: Additional contributions
are applicable based on the companys
activities, such as the Complementary
Retirement Fund, which applies for mining,
metal and steel companies; among other
contributions.
Immigration
Foreigners can enter Peru under the following

Z
Visa
Rate
Tax bases
Tourist visa
Temporal
This visa does not

allow the holder
to perform paid
activities.
Temporal
This visa does not

allow the holder to
perform activities that
can be considerate
Peruvian source
income. This visa
allows the expatriate
to sign contracts.
Resident or
Temporal
This visa allows the

holder to work in
Peru. In the case of
a work contract with
a Peruvian company,
it should be duly
approved by the labor
ministry.
Designated
employee
visa
Temporal
This is a visa that

applies to an
employee of a foreign
company. The service
agreement and
assignment letter
must be submitted
to the migratory
authority. Those
documents must
be legalized by the
Peruvian consulate
and the Peruvian
foreign minister.
Work visa for

service
providers
Resident
Investment or
independent work.
Immigrant
Resident
No restrictions.
Business
visa
Expatriates
Foreign individuals that enter into Peru to
perform dependant activities for a local
employer need to submit for approval their work
contract to the Labor Authorities, and obtain
their work visa. These employees have the

)

employees, and are subject to the same taxes
and contributions. As a general rule, foreign
employees should not exceed 20% of total
personnel. Additionally, wages paid to foreign
employees should not exceed 30% of total payroll
cost. Such limits can be waived for professionals
and specialized technicians or management
personnel of a new entrepreneurial activity or in
case of a business reconversion, among others.
No restrictions apply to foreign individuals
working in Peru with Peruvian immigrant visa,
individuals married to Peruvians or having
Peruvian children, parents or siblings and foreign
investors with a permanent investment in Peru
of at least 5 tax units (PEN S/.19,250 during
2015 approximately US$6,460). This also
applies to Spanish citizens and countries
members of the CAN, which is a regional
organization that aims Andean Integration
of their members such as Bolivia, Ecuador,
Colombia and Peru.
Work visa
Individual taxes
According to Peruvian Income Tax Law, the
compensation received for services rendered
within Peruvian territory will be considered
as Peruvian Source Income regardless of the
location of the entity or individual that is paying
the income. Hence, the salary received by
the employees or the expatriate for services
rendered in Peru, will be taxable basis for
Peruvian Income Tax.
It must be noted that the employers will be liable
to withhold and remit to the Tax Authorities the
employees income tax. For such purpose, it must
determine the amount debt and withhold the
appropriate amount on a monthly basis, and pay
the income tax to the Tax Authorities, based on
the tax resident condition of the individuals and
procedure established by law.
In case the employee is considered as non

resident for tax purposes, a tax rate of 30%
will be applicable over the salary received for

regardless where it is paid.

cumulative income tax scale: 8% (for the
X~$("|(}
~$("|(
to S/.77,000), 17% (from S/.77,001 to
S/.134,750), 20% (for S/.134,751 to
S/.173,250) and 30% applicable to excess
income of more than S/.173,250. Note that the
"(|~$|$
However, non-resident individuals entering the
country temporarily to perform the following
activities are not taxed for revenues obtained
in their home country, since they are not
considered as Peruvian source income:
Acts that precede a foreign investment or any
other business.
Supervision or control of an investment or
business (i.e. gathering data or information,
meeting public or private sector personnel,
etc.)
Hiring local personnel.
Signing agreements or similar documents.
If foreigners come from countries that have
agreements with Peru in order to avoid double
taxation (Chile, Canada, Brazil, Mexico, South
Korea, Switzerland and Portugal) or countries
from the Andean Community (Ecuador, Colombia
and Bolivia) other tax regulations may apply.
Finally, notice that domiciled individuals will be
)

income other than employment income and
the law establishes such obligation (v.i.e. a
domiciled individual who receives remuneration
and interest from a bank account abroad).

)

if domiciled individuals receive only employment
income.
02
Accounting standards
The Peruvian Business Corporation Act (LGS)
)

companies incorporated in Peru must follow
the general accounting principles accepted in
Peru and other applicable legal provisions. The
Peruvian Accounting Standards Board (CNC)
has established that the general accounting
principles are basically the standards issued
by the International Financial Reporting
<
}
provisions approved for particular businesses
(banks, insurance companies, etc.). Likewise,
on a supplementary basis, the U.S. general
accounting principles (GAAPs) 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

IFRS, which are explicitly approved by the CNC
)
X

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).
Companies supervised by this institution must

with the IFRS and they are as effective in Peru as
they are worldwide.
?

)
companies supervised by the SMV must be
audited and include the previous year for
comparative purposes. Quarterly reports do not
need to be audited. The audit must be conducted
according to regulations of the International
Auditing and Assurance Board issued by the
International Federation of Accountants (IFAC).
Mandatory auditing has recently been approved

assets or annual income greater than 15,000,
UITs (approximately US$19.3 million), which
must comply with IFRS-IASB. Also, mandatory
auditing under IFRS-CNC applies to all companies
with assets or annual income greater than
10,000 UITs (approximately US$12.9 million),
but lower than 15,000 UITs (must also comply
with IFRS-IASB on 2015).
VI
Appendix
Hydrocarbons sector
Regulators and stakeholders
01
Regulators
Perupetro
Perupetro is the state-owned Company that
promotes, negotiates, signs and supervises
exploration and production contracts, on behalf
of the Peruvian State.
(www.perupetro.com.pe)
Ministry of Energy and Mines - MINEM
This is the central and governing body for
the Energy, Hydrocarbons and Mining Sector, a
part of the Executive Branch. Its purpose
is to formulate and assess national policy in
matters of sustainable development in mininghydrocarbon-power activities. It is the governing
authority in environmental matters in reference
to hydrocarbons-mining-energy activities.
(www.minem.gob.pe)
Supervisory Body of Private Investment in
Energy and Mines - OSINERGMIN
This is the regulatory, supervisory body that
regulates, enforces and oversees the activities
undertaken by internal public-or-private-law
legal entities and individuals in the electricity,
hydrocarbons and mining sub-sectors.
(www.osinergmin.gob.pe)

@

F
for Sustainable Investment SENACE
The SENACE is a public specialized entity
in charge of the review and approval of the
detailed Environmental Impact Studies (EIA-d)
related to nationwide public, private or mixed
capital investment projects which contemplate
activities, constructions, building sites and
other commercial activities or services

impacts. This entity is under the Ministry of
Environment.
(www.senace.gob.pe)
General Bureau of Environmental Health DIGESA

This is the technical-regulator body in aspects
related to basic sanitation, occupational health,
hygienic food, zoonosis and environmental
protection. It issues regulations and assesses
environmental health processes in the sector. It
is an entity under the Ministry of Health.
(www.digesa.sld.pe)
Ministry of Agriculture - MINAG
This is the entity that promotes the development
of organized agrarian producers in productive
chains, in order to achieve an agriculture that is
fully developed in terms of economic, social and
environmental sustainability.
(www.minag.gob.pe)
Ministry of Labor and Employment Promotion
- MTPE
This is the body governing labor in Peru,
with all powers necessary to lead the
implementation of policies and programs for
generating and improving employment, and
also responsible for enforcement of legislation
for labor matters.
(www.mintra.gob.pe)
Ministry of the Economy and Finance MEF
The Ministry of the Economy and Finance is an
entity of the Executive Branch responsible for
planning, directing, and controlling matters
related to the budget, treasury, debt,

)
economic and social policies. It also designs,
establishes, performs, and supervises national
and sector policies under its competence,
assuming a guiding role therein.
(www.mef.gob.pe)
National Service for Natural Areas under

State Protection SERNANP
This is a public specialized entity responsible
for directing and establishing the technical
and management criteria for the preservation
of Protected Natural Areas (ANPs), and
overseeing the conservation of biological
diversity. It is and entity under de Ministry of
Environment.
(www.sernanp.gob.pe)
Petroperu
Petroperu is a state-owned company of private
law engaged in promoting the exploration and
exploitation of hydrocarbon activities.
(www.petroperu.com.pe)
Ministry of Environment MINAM
This is the nations environmental authority, the
overseeing entity of the National Environmental
Management System (SNGA), and a part
of the Executive Branch. Its main functions
are focused in promoting environmental
sustainability by preserving, protecting,
recovering and securing the environment,
ecosystems and natural resources.
(www.minam.gob.pe)
National Superintendency of Tax

Administration - SUNAT
A decentralized public entity in the Economy
and Finance Sector that enjoys economic,
administrative, functional, technical and

$ K

agency in the Peruvian economy.
(www.sunat.gob.pe)
Presidency of the Cabinet PCM
This is the technical-administrative body
covered by the Executive Law; its highest
authority is the President of the Cabinet.
It coordinates and conducts a follow-up on
the Executives multi-sector policies and
programs, coordinates actions with Congress
and independent constitutional bodies, among
other roles.
(www.pcm.gob.pe)
National Water Authority ANA
This is the nations water authority. Its purpose
is the conservation and development of the
hydric resources within a hydrographic river
basin.
(www.ana.gob.pe)
Environmental Assessment and Supervisory

Board OEFA
The OEFA is the guiding entity of the National
Environmental Assessment and Supervisory
System (SINEFA) and is responsible as such for
the evaluation, supervision, and auditing of the
compliance with environmental laws
nationwide, integrating the efforts of the State
and society in a coordinated and transparent
manner to ensure the effective management
and protection of the environment.
(www.oefa.gob.pe)
02
Stakeholders
Sociedad Peruana de Hidrocarburos SPH
The SPH is the main hydrocarbons guild in
Peru. Founded in 2013, it groups the main
companies dedicated to exploration and
exploitation activities in the country.
(www.sphidrocarburos.com)
Sociedad Nacional de Minera, Petrleo y

Energa - SNMPE
?

the companies related to the mining, oil & gas
and energy related activities in the country.
(www.snmpe.org.pe)
CONFIEP
The National Confederation of Private Business
Institutions (CONFIEP) brings together and
represents private business activities within
Peru and abroad. Its principal objetive is
to contribute to the process of sustained
economic growth, based on investment and
job creation from the perspective of individual
effort and initiative, and the promotion of
entrepreneurship and private property.
AMCHAM
The American Chamber of Commerce of Peru
(AmCham Peru) is and independent and non

(
1968, that represents Peruvian, American
and foreign companies. It has about 3,000
members representing more than 580
associated companies.
(www.amcham.org.pe)
Objetives and guidelines

Business unity: strengthen the union between
Peruvian business entrepreneurs to built an
order in which free enterprise and market
economy are the distinguishing features.
Representation: act as the principal
spokesperson for the entrepreneurs
nationwide before the State, and public and
private forums.
ComexPer
ComexPer is the private association that
groups the leading companies involved in
foreign trade in Peru. Its main purpose is to
contribute to the improvement of competitive
conditions within a free market, which will
make Peru an attractive destination for private
investment.
(www.comex.org.pe)
Objectives and guidelines:
Promote the development of foreign trade
Services: promote greater communication

and coordination between business sectors,
support, back, and provide advice to the
business community.
Defend the free market

Encourage private investment
03
ProInversion
ProInversion is the Peruvian investment
agency in charge of the promotion of business

)
expectation in Peru. Its purpose is to promote
investment unrelated to the Peruvian goverment
by private parties in order to boost Perus
competitivity and development and to improve
the well being of the population.
Likewise, its vision is to be considered by

) )
strategically for the development investments in
Peru.
ProInversion provides information to potential
investors regarding the incorporation of a legal
entity, identifying investment by industries,
investment projects (granted and pending),
among other, topics.
Contacts:
Web page: www.proinversion.gob.pe
E-mail: [email protected]
Address: Sede Principal (Lima): Paseo de la
Repblica N 3361, piso 9, San Isidro Lima 27.
Phone: +51 1 612 1200.
Fax: +51 1 221 2941.
=~
Arequipa: Pasaje Beln N 113 Vallecito,
Arequipa.
Phone: +51 54 608 114 / +51 54 608 115
Fax: +51 54 246 607.
Piura: Av. Chirichigno Mz. A Lote 2, Urb. San
Eduardo, Piura.
Phone/Fax : +51 73 310 081 /
+51 73 309 148 / +51 73 305 082.
EY
Services for the oil and gas sector
01
02
Our strength in the

hydrocarbon sector
Our services
EYs hydrocarbon professionals combine

technical capabilities with a thorough
understanding of the industrys operating
processes, strategic and operating risks, growth
drivers, regulatory considerations, and market
dynamics.
EY Peru has a global focus on hydrocarbons,

with over 1,300 specialist global professionals
including engineers, accountants, economists,
administrators and lawyers. Our global team
is closely networked and share industry and
technical knowledge to provide our clients with
seamless global service. Some of our specialist
hydrocarbon based services include:
We use our wide experience of working with the

worlds largest hydrocarbon companies to help
you address your key business issues. This might
involve helping you to overcome current sector
issues such as rising costs where we can help you
streamline operational and business processes

$
In this environment of increased sector
consolidation, we can assist you with your
divestment strategies, to ensure that you realize
full value at exit. If you are looking to expand
your operations to new regions, you can draw
on our deep understanding of how to manage
operational risks both political and otherwise.
EY has a number of multi-service line solutions
to help our clients meet these challenges.
Environment and sustainability

Providing an extensive range of services in areas
such as sustainability reporting and assurance,
sustainability strategy, reputation issues,
environmental risk management, greenhouse
gas emissions advisory, renewable energy and
emissions trading.
Hydrocarbons advisory
Improving supply chain responsiveness to
demand volatility; delivering core business reengineering (e.g., merging a number of blocks
mines into one management structure), and
delivering projects aimed at reducing costs or
increasing production.
Mergers and acquisitions advisory
Mergers and acquisitions, at either the holding

knowledge and skills in order to complete
transactions. The knowledge and skills required
relate to the regulatory environment, including

the rules and regulations of each countrys
stock exchange, accounting, legal, structuring
and taxation disciplines, in addition to an
understanding of transaction value-drivers.
Valuation and business modeling (V&BM)
Providing a range of services to companies in
the hydrocarbon sector including valuations
for purchase price allocation / acquisition

duty purposes and has specialists with extensive
skills ranging from valuations of businesses and
intangible assets to specialized oil and gas capital
equipment and real estate. Further V&BM has
deep expertise in model builds and reviews and is
)

*

models as part of an acquisition strategy.

Advising on the development, optimization and

projects, non and limited recourse debt and
tax effective leasing, as well as a number of
associated infrastructure projects such as
preparation plants, conveyor systems and gas
pipelines.
Transactions advisory
Our global transaction capability covers over
80 countries and comprises over 7,000
professionals. These transaction professionals
work across many elements of the transaction

due diligence, tax due diligence and structuring,
valuation and business modeling and transaction
integration.
Transaction integration
Providing commercial and operational due
diligence, integration planning and methodology
development, synergy assessment, and
integration program management, corporate
strategy advice on market opportunities and
areas to exploit along the companies value chain,
as well as practical operational advice in areas
such as overhead and capital expenditure cost

procurement, and in functional areas such as

$
Notes
Notes
staff
oil & gas
investment
guide
Editor:
Beatriz De La Vega
Co - editors:
Claudia Vega
Jacquelin Duffoo
Melissa Ruiz
Claudia Bellido
Design and layout:
Carlos Aspiros
Additional collaborators:
Andrs Reyes
Ramn Cceda
Carlos Crdenas
Maria Eugenia Chiozza
Andrea Florin
Marcial Garca
Mitra E. Ghaemmaghami (EY Houston)
Aparna Konerv (EY Houston)
Juan Carlos Hurtado
Danitza Kukurelo
Guido Loayza
scar Mir Quesada
Miya Mishima
Estefana Ochoa
Luis Ortigas
Paulo Pantigoso
Perupetro S.A.
Giancarlo Riva
Renzo Valera
Winston Wusen
Mishel Espinoza
Ministry of Foreign Affairs
Declaration
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 judgement. Neither the
local EY entity nor any other member of
the global EY organization can accept
any responsability for loss occasioned
to any person acting or refraining
from action as a result of any material
)
$\
matter, reference should be made to the
appropiate advisor.
EY | Assurance | Tax | Transactions | Advisory

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What are some of the major oil and gas projects in Peru?

What are some of the major oil and gas projects in Peru?

What are some opportunities for growth in Peru's oil and gas sector?

What are some opportunities for growth in Peru's oil and gas sector?

Perus oil & gas

Marco Antonio Zaldvar

Peru's oil & gas investment guide

Peru has a longstanding tradition as an oil

International investors are a crucial part of

Peru's oil & gas investment guide

Guido Loayza Devscovi

In recent years Peru has been regarded as

Peru's oil & gas investment guide

The hydrocarbon sector in Peru is still developing

Luis Ortigas Cneo

Peru has a privileged territory, with abundant

Peru is a multiracial and multicultural country,

Peru's oil & gas investment guide

aspects usually taken into consideration by oil

Peru's oil & gas investment guide

Perus InvestmentGrade Rating

Peru's oil & gas investment guide

Future trends in the

IV Oil and gas tax and

Peruvian oil and gas

Regulators and stakeholders

Our strength in the

Peru's oil & gas investment guide

Peru's oil & gas investment guide

promulgated by the President. The judicial and

Judges are appointed by the

Chief of state and head of

Member of the World Trade

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10 Peru's oil & gas investment guide

Perus geographic information

Peru's oil & gas investment guide 11

The estimated population of Peru for the year

The Peruvian currency is the Nuevo Sol

The predominant religion is Roman Catholicism

There are no restrictions or limitations on

31.2 million people

0 - 14 years 27.3% (2014)

1.13% (2012 - 2015)

19.4 births/1,000 population

At birth 1.05 male/female

12 Peru's oil & gas investment guide

Perus economic overview

(estimate for 2014)

Petroleum and byproducts,

Gold, copper, silver, zinc, lead, crude

(estimate for 2014)

27.3% of the GDP

Germany, Brazil, Canada, Chile,

Peru's oil & gas investment guide 13

Despite the mentioned slowdown, Perus

Peru is one of the

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