Second National Reconcilation Study EITI Peru - unofficial…

Consultancy for the Second National Reconciliation Study of the
Extractive Industries Transparency Initiative (EITI) in Peru (2008 – 2010)
(Continuation)
Amounts to pay according to the owner’s condition (condition determined by the General
Directorate of Mining at MEM)
Condition Validity Right Penalty 2
General Regimen US$ 3 x Hectare
Small Mining Producer US$ 1 x Hectare
Artesenal Mining Producer US$ 0.50 x Hectare
2.2. Distribution
US$ 6 x Hectare (A)
US$ 20 x Hectare (B)
US$ 1 x Hectare (A)
US$ 5 x Hectare (B)
US$ 0.50 x Hectare (A)
US$ 3 x Hectare (B)
(A) Applicable to the title owners and/or assignees included in the stipulations in paragraph
1 of Art. 40º of TUO3.
(B) Applicable to the title owners and/or assignees included in the stipulations in the 2nd
paragraph of Art. 40º of the TUO4.
This is the monthly process used to allot the revenues collected for the Validity Right and
Penalty to Local Governments, Regional Governments and Institutions in the Energy and
Mining sector as applicable.
The amount collected and distributed each month is transferred every fifteen days to
accounts in the Banco de la Nación that have been created for this effect.
2.2.1 Area of Influence
To distribute the validity right, the area of influence is defined as the territorial area of the
district governments where mining concessions in the exploration and exploitation stages
are operating.
2 The Penalty corresponds to the amount that must be paid annually to maintain mining concessions rights if the
concessions has failed to comply with its obligation to report production levels or minimum investment within the
timelines established.
3 Applicable to title owners and/or assignees included in the stipulations of article 40º of the TUO.
Article 40.- If the stipulations in Article 38 are not met, starting in the first semester of the seventh year counting from
the year in which the mining concession title was granted, the assignee will pay a penalty of US$ 6.00 or its equivalent
in national currency per year and per hectare until the year in which minimum production levels are met. In the case of
artesanal mining, the penalty will be US$ 0.50 or its equivalent in national currency per year and per hectare until
minimum annual production is achieved.
4 Applicable to title owners and/or assignees included in the 2nd paragraph of article 40º of the TUO.
If the assignee continues to fail to comply as of the twelfth year, the penalty will be US$ 20.00 or its equivalent in
national currency per year and per hectare. In the case of the small mining producer, beginning in the twelfth year, the
penalty will be US$ 5.00 or its equivalent in national currency per year or per hectare. Artesanal mining operations will
pay, beginning in the twelfth year, US$ 3.00 or its equivalent in national currency per year and per hectare.
Consultancy for the EITI Peru Multi-Sector Working Committee
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