More than 150 days after the promulgation of Law No. 32301, which modified the APCI creation law (Peruvian International Cooperation Agency), yesterday the Government published the Regulation of Infractions and Sanctions (RIS).
In April of this year, when the Congress And the Executive agreed on the need for this regulatory change, it was mentioned that it would allow to modernize and strengthen state control over international cooperation, providing the APCI with tools to supervise more transparency the activities of the activities of the NGO and avoid the improper use of the funds received from abroad.
Published in the regulation, it will be important to know the main infractions and sanctions to which natural or legal persons could be liable from here on, especially ad for the electoral processes of 2026.
Sanctions and processes
Of the review of Peru21 To the norm, it follows that mild infractions are sanctioned with admonition “when incurred for the first time”.
Meanwhile, serious and very serious infractions will have a fine according to the methodology for fines approved by the APCI ”.
The regulation establishes a fine of up to 500 UIT, the temporary suspension of affiliation to the APCI registry and the cancellation of the same “Without prejudice to the dissolution of the legal entity” by judicial mandate.
The rule considers that “to find indications and/or evidence on the diversion of resources of international technical cooperation or donations received from abroad for illicit purposes, APCI, through the Public Prosecutor’s Office of the Ministry of Foreign Affairs, formulates the corresponding complaint before the Public Ministry, under responsibility.”
The sanctioning procedure will have two phases, one instructive and another resolution. The power to determine an infraction and the imposition of a sanction prescribes at the age of four. The APCI sanctions record will be public and will provide information about their gradualness.
Postures
Congressman Alejandro Aguinaga, author of Law No. 32301, mentioned that, after the publication of the regulation, the entities of international cooperation “now” will have to transparent “those millionaire sums” that they manage in order to reach “the true beneficiary.”
“We will see if the NGOs stop inventing stories to continue living from the ‘disarray’ under the disguise of humanitarian aid, defense of democracy or human rights,” he wrote in X.
He questioned that “many times” behind citizen calls or marches in apparent defense of democracy “hide dark agendas and personal interests.”
On the other hand, non -governmental organizations argued that the new scheme could lead to over -regulation and unjustifiably restrict the work of NGOs, generating risks to the defense of rights and legal assistance they provide to vulnerable communities.
In that line, Congresswoman Ruth Luque posted an extract of the infractions contemplated by the norm and rejected that she indicates the prohibition of the use of NGOs resources to “advise, assist or finance administrative, judicial or other actions, in national or international instances, against the Peruvian State.”
In this regard, he said that this law and others give a “clear message” that we want “total impunity”, as well as “eliminate who dares to bother them”, in reference to the government.
TAKE INTO ACCOUNT
- From now on, the infractions committed prior to the validity of these regulations will be submitted to the approved regime with DSNO 016-2019-RE.
- Exception. However, if the provisions of this regulation are more favorable to the registered person or entity, you may request its application.
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