The Government Peru established an exceptional and temporary regime for the reduction of fines imposed by the Ministry of Production (Produce) in fisheries and aquaculture matters.
Through Supreme Decree No. 007-2022-Produce, published today in the newspaper El Peruano, it was established that the reduction scale reaches up to 90% in sanctions of up to 50 UIT; 70% for those with up to 200 Tax Units; and 50% for those over 200 Tax Units.
The head of Produce, Jorge Prado Palomino, explained that this exceptional fine reduction regime is given in order to mitigate the economic impacts generated by the spread of COVID-19, which has affected the entire production chain of the fishing sector.
“Considering the efforts made by a large part of the citizenry and the actions undertaken to combat the spread of this pandemic, this need to support the fishing and aquaculture sector was identified”he claimed.
Deadlines and form
It was indicated that the term to take advantage of this benefit is during the next 90 business days and applies to penalties of fines pending payment, in the term of challenge, challenged in administrative or judicial channels and in coercive execution, even if these are being subject to the appeal for judicial review.
Administrative fines subject to the benefit established in article 42 of the Regulation for the Control and Sanction of Fishing and Aquaculture Activities, approved by Supreme Decree No. 017-2017-Produce, are outside the scope of application of this regulation; or to the exceptional and temporary benefit regime for the payment of administrative fines established in the Only Final Complementary Provision of Supreme Decree No. 006-2018-Produce.
Likewise, it was specified that natural or legal persons will submit to the Directorate of Sanctions of the General Directorate of Supervision, Control and Sanction of the Vice-ministerial Office of Fisheries and Aquaculture of the Ministry of Production, the application for acceptance of the reduction of the fine and/or or subdivision, in accordance with the provisions of article 124 of the Single Ordered Text of Law No. 27444, Law of General Administrative Procedure, approved by Supreme Decree No. 004-2019-JUS.
Finally, the Sanctions Directorate of the General Directorate of Supervision, Control and Sanctions of the Viceministerial Office of Fisheries and Aquaculture will issue the Resolution that approves or denies the request for installment payment of the fine within a maximum period of 30 business days, counted from receipt of the request. Once said period has expired, without express pronouncement, the applicant may consider his request denied.
