Adoption of Guideline for the Submission of Information and Final Documentation of the Port Work Accepted by the Competent Authority
On Sunday, July 25, 2021, Resolution Nº 032-2021-CD-OSITRAN was published in the Official Gazette “El Peruano”, whereby the Guideline for the submission of information and final documentation of the port work accepted by the Competent Authority (the “Resolution 032″) was adopted.
Resolution 032 establishes the provisions for the development of the activity of submission and review of the final documentation of the port works, after their acceptance by the competent authority, carried out within the framework of the Port Concession Contracts in force. The purpose of Resolution 032 is to provide predictability to port operators regarding the information that must be submitted after the reception and acceptance of the executed port works.
The regulation contains a list of documents that must be submitted to OSITRAN, such as: (i) descriptive report, (ii) technical file approval information, (iii) work progress information, (iv) work reception or approval information, (v) drawings, (vi) quality information, (vii) final data information, (viii) conservation plan information, and (ix) miscellaneous information, as required by Resolution 032.
OSITRAN shall evaluate the information submitted and shall issue a communication on compliance with the obligation to submit the information. If necessary, OSITRAN may require additional information, according to the particular characteristics of each work.
The information must be submitted within a period not exceeding 90 working days from the date of execution of the Work Reception Act or from the date of the recording of the observations. All documents submitted must be signed by the professional responsible for the execution of the work and the legal representative of the Concessionaire Company. If these requirements are not met, OSITRAN may issue its observations and grant a term of up to 30 additional working days to correct or submit the complete information.
The term for OSITRAN to review the information and issue the compliance report is 60 working days from the completion or submission of the documents. The report issued by OSITRAN shall serve as a basis for the regulator, when it executes the actions of supervision of the conservation of the work.
In the event of discrepancies between the information submitted and the facts verified by OSITRAN during the execution of the work, or later, such discrepancy shall be recorded in the report.
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