New Port Law: Plenary approves changes that make operations of the Chancay Megaport viable

The Plenary Session of Congress approved, by majority and in a second vote, the substitute text that modifies Law 27943, Law of the national port system, to promote port development, and makes the operations of the Chancay Megaport viable.

The device was presented after the controversy initiated by the National Port Authority (APN) against the company Cosco for the exclusivity of services in the aforementioned terminal, located north of Lima. The decision was adopted by 68 votes in favor, 24 against and 4 abstentions.

The ruling issued in bills 7141/2023-CR and 7188/2023-CR proposes that the owner of a private port for public use that has a port authorization can provide port services exclusively.

“Once the port authorization has been granted, the competent Port Authority grants exclusivity in the provision of essential port services requested by the owner of the private port together with the port license. “This exclusivity is automatically approved,” he points out.

The proposal modifies articles 9, 10 and 11 of Law 27943, Law of the National Port System, in order to promote port development, improve conditions in the administration and investments of port infrastructure.

The port infrastructure may be delivered under administration to the private sector for up to 30 years, extendable for up to the same period, in any of the modalities such as joint venture, leasing contracts, concession contracts, shared risk contracts, management contracts, corporate contracts; and, other modalities established in the legislation.