WORLD TRADE  
ORGANIZATION   
G/SCM/N/220/PER 
20 December 2012 
 (12-6991) 
Committee on Subsidies and 
Countervailing Measures Original: Spanish 
 
 
 
SUBSIDIES 
 
New and Full Notification Pursuant to Article XVI:1 of the 
GATT 1994 and Article 25 of the Agreement on 
Subsidies and Countervailing Measures 
 
PERU 
  
 The following communication, dated 10 December 2012, is being circulated at the request of 
the delegation of Peru.  
_______________ 
 
 
Peru hereby submits this new a nd full notification in accordan ce with its obligations under 
Article XVI:1 of the General Agreement on Tariffs  and Trade 1994 ("GATT 1994") and Article 25 of 
the Agreement on Subsidies and Counter vailing Measures ("SCM Agreement"). 
  The information in this notification is provi ded for purposes of transparency.  It should be 
noted that, pursuant to Article 25.7 of the SCM Agreement, notification of these subsidies does not 
prejudge their legal status, effects or natu re under the GATT 1994 or the SCM Agreement. G/SCM/N/220/PER 
Page 2  
 
  I. CETICOS OF ILO, MATARANI AND PAITA 
1. Title of the subsidy programme, if relevant, or brief description or identification of the 
subsidy. 
 Centres for export, processing, industry, marketing and services (CETICOS) of Ilo, Matarani 
and Paita. 
 
2. Period covered by the notification.  The period  to be covered by the notification should 
be the most recently completed calendar or fisca l year.  In the latter case, the start and 
end dates of the fiscal year should be specified. 
2009-2010. 
 
3. Policy objective and/or purpose of the subsidy. 
 To develop the southern (Ilo and Matarani) a nd northern (Paita) zones of Peru by promoting 
private investment in infrastructure fo r goods production and services activities. 
 4. Background and authority for the subsidy (including identification of the legislation 
under which it is granted). 
 Legislative Decree No. 842 (as amended by  Legislative Decree No. 865) declaring 
the development of the southern zone of Peru  to be of priority interest and creating 
Centres for export, processing, industry, marketing and services (CETICOS) in Ilo, Matarani and Tacna; 
 
 Legislative Decree No. 864 declaring the deve lopment of the northern zone of Peru to 
be of priority interest and creating the Centre for export, processing, industry, marketing and services (CETICOS) in Paita; 
 
 Law No. 26831 amending certain Articles of  Legislative Decrees Nos. 842 and 864 
on tax exemption for enterprises established in the Centres for export, processing, industry, marketing and services (CETICOS) of Ilo, Matarani, Paita and Tacna; 
 
 Law No. 28569 granting autonomy to the CETICOS; 
 
 Law No. 29479 extending the exemption period for the CETICOS; 
 
 Supreme Decree No. 023-96-ITINCI (and amendments thereto) approving the 
Regulation governing the Centres for expor t, processing, industry, marketing and 
services (CETICOS), as amended by Supreme Decree No. 005/97/ITINCI; 
 
 Supreme Decree No. 112-97-EF (and amendments thereto) approving the single 
harmonized text of the rules with force of law issued in relation to CETICOS. 
 
5. Form of the subsidy (i.e., gran t, loan, tax concession, etc.). 
 Tax waivers/exemptions. 
  G/SCM/N/220/PER 
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  6. To whom and how the subsidy is provided (whether to producers, to exporters, or 
others;  through what mechanism;  whether a fixed or fluctuating amount per unit;  if the latter, how determined). 
 Any Peruvian or foreign natural or legal person w ith the status of a user authorized to engage 
in the permitted activities who enters into a contr act for the assignment for consideration of physical 
space (land) with the general management of the CETICOS or who acquires such property through a 
purchase-sale contract.  
7. Subsidy per unit or, in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy. 
Tax expenditure:  General sales tax and selectiv e consumption tax of 0% on used vehicles 
reconditioned or repai red in the CETICOS 
 
 2009 2010 
S/. thousand 237,209 259,933 
US$ thousand 78,755 91,979 
Exchange rate 3.012 2.826 
 
 Source:  Multiannual macroeconomic framework 2009-2011 and 2010-2012, Ministry of the Economy 
and Finance. 
 Prepared by the Ministry of Foreign Trade and Tourism. 
8. Duration of the subsidy and/or any other time-limits attached to it, including date of 
inception/commencement. 
 Until 31 December 2022. 
 
9. Statistical data permitting an assessment of the trade effects of the subsidy. 
Information available for: 
Tax expenditure:  General sales tax and selectiv e consumption tax of 0% on used vehicles 
reconditioned or repai red in the CETICOS 
 
 2009 2010 
% of GDP 0.06 0.06 
 
Source:  Multiannual macroeconomic framework 2009-2011 and 2010-2012, Ministry of the Economy 
and Finance. 
Prepared by the Ministry of Foreign Trade and Tourism. 
 
II. TACNA FREE ZONE AND TRADE ZONE - ZOFRATACNA 
1. Title of the subsidy programme, if relevant, or brief description or identification of the 
subsidy. 
 Tacna Free Zone and Trade Zone (created in March 2002), established on the premises of the 
Tacna CETICOS (created in 1996).  G/SCM/N/220/PER 
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  2. Period covered by the notification.  The period  to be covered by the notification should 
be the most recently completed calendar or fisca l year.  In the latter case, the start and 
end dates of the fiscal year should be specified. 
 2009-2010. 
 
3. Policy objective and/or purpose of the subsidy . 
 To develop the southern zone of Peru (T acna) by promoting private investment in 
infrastructure for goods production and services activities.  
4. Background and authority for the subsidy (including identification of the legislation 
under which it is granted). 
 Law No. 27688 governing the Tacna Free Zone and Trade Zone; 
 
 Law No. 28599 amending the Law governing the Tacna Free Zone and Trade Zone 
(as amended); 
 
 Supreme Decree No. 002-2006/MINCETUR appr oving the single harmonized text of 
the Law governing the Tacna Free Zone and Trade Zone. 
 
5. Form of the subsidy (i.e., gran t, loan, tax concession, etc.). 
 Tax waivers/exemptions. 
 
6. To whom and how the subsidy is provided (whether to producers, to exporters, or 
others;  through what mechanism;  whether a fixed or fluctuating amount per unit;  
if the latter, how determined). 
 Any Peruvian or foreign natural or legal person w ith the status of a user authorized to engage 
in the permitted activities who enters into a contr act for the assignment for consideration of physical 
space with the general management of the ZOFR ATACNA or who acquires such property through a 
purchase-sale contract. 
 
7. Subsidy per unit or, in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy. 
Information available for: 
 
Tax expenditure:  Income tax ex emption for companies incorporated or established in the 
ZOFRATACNA and engaged in indu strial, agro-industrial, in-b ond processing and services 
activities. 
 
 2009 2010 
S/. thousand 42 5,231 
US$ thousand 14 1,851 
Exchange rate 3.012 2.826 
 
Source:  Multiannual macroeconomic framework 2009-2011 and 2010-2012, Ministry of the Economy 
and Finance. 
Prepared by the Ministry of Foreign Trade and Tourism.   G/SCM/N/220/PER 
 Page 5 
 
 
   
8. Duration of the subsidy and/or any other time-limits attached to it, including date of 
inception/commencement. 
 Until 31 December 2042. 
 
9. Statistical data permitting an assessment of the trade effects of the subsidy . 
Tax expenditure:  Income tax exemption for co mpanies incorporated or established in the 
ZOFRATACNA and engaged in industrial, agro-ind ustrial, in-bond processing and services 
activities 
 
 2009 2010 
% of GDP 0.00 0.00 
 
Source:  Multiannual macroeconomic framework 2009-2011 and 2010-2012, Ministry of the Economy 
and Finance. 
Prepared by the Ministry of Foreign Trade and Tourism. 
 
III. PROMOTION OF THE AMAZON REGION 
1. Title of the subsidy programme, if relevant, or brief description or identification of the 
subsidy. 
 Promotion of investment in the Amazon region. 
 
2. Period covered by the notification.  The period  to be covered by the notification should 
be the most recently completed calendar or fisca l year.  In the latter case, the start and 
end dates of the fiscal year should be specified. 
2009-2010. 
 
3. Policy objective and/or purpose of the subsidy . 
 Promotion of the sustained and overall deve lopment of the Amazon region, establishing the 
conditions for public investment and the promotion of private investment.  
4. Background and authority for the subsidy (including identification of the legislation 
under which it is granted). 
 Law No. 27037 on the promotion of investment in the Amazon region; 
 
 Supreme Decree No. 103-99-EF (and am endments thereto) approving the 
Implementing Regulations for the tax pr ovisions contained in the Law on the 
promotion of investment in the Amazon region. 
 5. Form of the subsidy (i.e., gran t, loan, tax concession, etc.). 
 Tax waivers/exemptions and app lication of differentiated rates. 
 G/SCM/N/220/PER 
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  6. To whom and how the subsidy is provided (whether to producers, to exporters, or 
others;  through what mechanism;  whether a fixed or fluctuating amount per unit;  if the latter, how determined). 
 The programme applies solely to enterprises locat ed in the Amazon region, i.e. in the Loreto, 
Madre de Dios, Ucayali, Amazonas and San Martín  regions, as well as in the Amazonian provinces 
and districts of the Ayacucho, Cajamarca, Cuzc o, Huánuco, Junín, Pasco, Puno, Huancavelica, 
La Libertad and Piura regions.  
7. Subsidy per unit or, in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy. 
 
 Information available for:  
Tax expenditure for the "Amazo n region" geographical area 
 
Description of tax benefit  2009 2010 
Exemption from the general sales tax S/. thousand 1,957,124 2,658,550 
US$ thousand 649,776 940,747 
Differentiated income tax rates S/. thousand 55,950 64,404 
US$ thousand 18,576 22,790 
Exemption from the general sales tax and the 
selective consumption tax on the sale of fuel by oil companies to marketers or end consumers S/. thousand 189,439 225,341 
US$ thousand 62,895 79,738 
 Exchange rate 3.012 2.826 
 
Source:  Multiannual macroeconomic framework 2009-2011 and 2010-2012, Ministry of the Economy 
and Finance. 
Prepared by the Ministry of Foreign Trade and Tourism. 
8. Duration of the subsidy and/or any other time-limits attached to it, including date of 
inception/commencement. 
 The tax benefits are applicable for a period of 50 (fifty) years as of their entry into effect 
(1 January 1999).  
9. Statistical data permitting an assessment of the trade effects of the subsidy. 
Tax expenditure for the "Amazon region " geographical area (% of GDP) 
 
Description of tax benefit 2009 2010 
Exemption from the general sales tax 0.47 0.17 
Differentiated income tax rates 0.01 0.01 
Exemption from the general sales tax and the selective consumption tax on 
the sale of fuel by oil companies to marketers or end consumers 0.04 0.05 
 
Source:  Multiannual macroeconomic framework 2009-2011 and 2010-2012, Ministry of the Economy 
and Finance. 
Prepared by the Ministry of Foreign Trade and Tourism.  G/SCM/N/220/PER 
 Page 7 
 
 
  IV. PROMOTION OF AQUACULTURE 
1. Title of the subsidy programme, if relevant, or brief description or identification of the 
subsidy. 
 Promotion and development of aquaculture. 
 2. Period covered by the notification.  The period  to be covered by the notification should 
be the most recently completed calendar or fisca l year.  In the latter case, the start and 
end dates of the fiscal year should be specified. 
 2009-2010. 
 3. Policy objective and/or purpose of the subsidy. 
 Promotion of aquaculture activities in marine, continental and brackish waters as a source of 
food, employment and revenue, maximizing the econo mic benefits while ensuring environmental and 
biodiversity conservation.  4. Background and authority for the subsidy (including identification of the legislation 
under which it is granted). 
 Law No. 27460 on the promotion and development of aquaculture; 
 
 Supreme Decree No. 030-2001-PE, Regulations implementing the Law on the 
promotion and development of aquaculture. 
 
5. Form of the subsidy (i.e., gran t, loan, tax concession, etc.). 
Tax benefits. 
 
6. To whom and how the subsidy is provided (whether to producers, to exporters, or 
others;  through what mechanism;  whether a fixed or fluctuating amount per unit;  if the latter, how determined). 
 Natural or legal persons enga ged in aquaculture activities, which include the farming of 
hydrobiological species in an organized and t echnology-oriented manner in selected, controlled, 
natural, conditioned or artificial e nvironments, during all or part of their life cycle, in marine, 
continental or brackish waters.  Likewise, persons engaged in research or the primary processing of 
aquaculture products, including those who undertake, either directly or through third parties, the 
subsequent primary processing, freezing, processing or  packaging of the hydrobiological products of 
their aquaculture activities with a view to  their marketing in Peru or abroad. 
 G/SCM/N/220/PER 
Page 8  
 
  7. Subsidy per unit or, in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy. 
 
Tax expenditure:  Income tax rate of  15% on aquaculture activities 
 
 2009 2010 
S/. thousand 5,000 2,303 
US$ thousand 1,660 815 
Exchange rate 3.012 2.826 
 
Source:  Multiannual macroeconomic framework 2009-2011 and 2010-2012, Ministry of the Economy 
and Finance. 
Prepared by the Ministry of Foreign Trade and Tourism.  
8. Duration of the subsidy and/or any other time-limits attached to it, including date of 
inception/commencement. 
 Until 31 December 2013. 
 
9. Statistical data permitting an assessment of the trade effects of the subsidy . 
Tax expenditure:  Income tax rate of  15% on aquaculture activities 
 
 2009 2010 
% of GDP 0.00 0.00 
 
Source:  Multiannual macroeconomic framework 2009-2011 and 2010-2012, Ministry of the Economy 
and Finance. 
Prepared by the Ministry of Foreign Trade and Tourism. 
 
V. PROMOTION OF HIGH-ANDEAN AREAS 
1. Title of the subsidy programme, if relevant, or brief description or identification of the 
subsidy. 
 Promotion of the development of production activities in high-Andean areas. 
 
2. Period covered by the notification.  The period  to be covered by the notification should 
be the most recently completed calendar or fisca l year.  In the latter case, the start and 
end dates of the fiscal year should be specified. 
2010. 
 3. Policy objective and/or purpose of the subsidy . 
To promote and encourage the development of production and services activities that generate 
value-added and use of local la bour in high-Andean areas with a view to alleviating poverty. 
  G/SCM/N/220/PER 
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  4. Background and authority for the subsidy (including identification of the legislation 
under which it is granted). 
 Law No. 29482 promoting the development of production activities in high-Andean 
areas; 
 
 Supreme Decree No. 051-2010-EF, Regulations implementing the Law promoting the 
development of production activities in high-Andean areas. 
 
5. Form of the subsidy (i.e., gran t, loan, tax concession, etc.). 
 Tax waivers/exemptions. 
 
6. To whom and how the subsidy is provided (whether to producers, to exporters, or 
others;  through what mechanism;  whether a fixed or fluctuating amount per unit;  
if the latter, how determined). 
Physical persons, micro-enterprises and sm all businesses, cooperatives, communal and 
intercommunal companies which have their tax dom icile, place of business and production centre in 
the Andean regions at an altitude of 2,500 metres or  more, and enterprises in general which, as well as 
meeting the above-mentioned location requirements, are established at an altitude of 3,200 metres or 
more and engaged in one of the following activiti es:  fish farming, aquaculture, general meat 
processing, forestry plantations for commercial and industrial purposes, milk production, breeding of South American camelids and bovids and processing of their fleeces and hides, agribusiness, crafts and textiles.  7. Subsidy per unit or, in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy. 
 Information not available. 
8. Duration of the subsidy and/or any other time-limits attached to it, including date of 
inception/commencement. 
Benefits under this Law apply until 31 December 2021. 
 
9. Statistical data permitting an assessment of the trade effects of the subsidy. 
 Information not available. 
 VI. FONDEPES 
1. Title of the subsidy programme, if relevant, or brief description or identification of the 
subsidy. 
 National Fisheries Development Fund (FONDEPES). 
 
2. Period covered by the notification.  The period  to be covered by the notification should 
be the most recently completed calendar or fisca l year.  In the latter case, the start and 
end dates of the fiscal year should be specified. 
 2009-2010. 
 G/SCM/N/220/PER 
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  3. Policy objective and/or purpose of the subsidy . 
 To foster, implement and provide techni cal, economic and financial support for the 
development of small-scale maritime and contin ental fishing and of fisheries and aquaculture 
activities, particularly in terms of basic infrastruct ure for the development and distribution of fisheries 
resources. 
 
4. Background and authority for the subsidy (including identification of the legislation 
under which it is granted). 
 Supreme Decree No. 010-92-PE establishing the National Fisheries Development Fund 
(FONDEPES). 
 
5. Form of the subsidy (i.e., gran t, loan, tax concession, etc.). 
 Financing of credit programmes and fina ncial support at preferential rates; 
 
 support services for the small-scale fisheries sector in relation to the use of 
infrastructure and equipment; 
 
 education, training, research, technolo gy transfer and business consultancy 
programmes. 
 
6. To whom and how the subsidy is provided (whether to producers, to exporters, or 
others;  through what mechanism;  whether a fixed or fluctuating amount per unit;  if the latter, how determined). 
 Natural or legal persons engaged in aquacultu re and small-scale maritime and continental 
fishing.  
7. Subsidy per unit or, in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy. 
Only certain FONDEPES activities and projects have a subsidy component.  Given that no 
specific information is available on the amount of these subsidy components, the general execution 
of expenditure  in accordance with the FONDEPES budget is provided below. 
  It should be noted that this expenditure incl udes (i) payroll expenditure;  (ii) expenditure 
related to the purchase of goods and services;  (iii) project expenditure;  (iv) financial investment 
expenditure;  and (v) other current a nd capital expenditure;  and is fina nced by:  (i) ordinary resources 
(income from tax revenue and other sources) and (ii) direct resources (income generated and 
administered directly by FONDEPES itself, such as property revenue, fees, provision of services, inter alia ). 
  G/SCM/N/220/PER 
 Page 11 
 
 
  Execution of expenditure in acco rdance with the FONDEPES budget 
 
 2009 2010 
FONDEPES 35,535,070 25,861,785 
Total (S/.) 35,535,070 25,861,785 
Total (US$) 11,797,832 9,151,375 
Exchange rate 3.01  2.83  
 
Source:  Economic transparency website of the Ministry of the Economy and Finance. 
Prepared by the Ministry of Foreign Trade and Tourism. 
8. Duration of the subsidy and/or any other time-limits attached to it, including date of 
inception/commencement. 
 Indefinite. 
 
9. Statistical data permitting an assessment of the trade effects of the subsidy. 
 Information not available.  
 
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