On June 27, Supreme Decree Nº 005-2021-IN was published in the Official Gazette “El Peruano” adopting the new “National Directive of Internal Order for the protection of National Critical Assets – ACN” (“New Directive”). This standard regulates the management tool that set outs the objectives, policies and risk management strategies and responsibilities that guide the implementation of safety measures and the elaboration of the protection plans of the National Critical Assets (“ACN”) of the sectors at the national level.

The New Directive redefines the objectives, policies and strategies for prevention and treatment in order to reduce risks to an acceptable level. Therefore, the new objectives would be the following: (i) identify and evaluate the risks in internal order matters that may affect ACN, with the aim of avoiding them, reducing their impacts and/or providing reasonable safety and integrity; (ii) implement preventive or corrective measures to protect and guarantee the normal functioning and maintenance of ACN; (iii) establish links and/or coordination and cooperation mechanisms between the subjects in charge of risk management and the Peruvian National Police (PNP); and (iv) instruct on the criteria for the protection of ACN in the activities of each subject involved, in the training of their personnel and the transmission of preventive values and attitudes.

Likewise, the New Directive establishes in greater detail the responsibilities of the ACN operators, responsible sectors, PNP and the General Directorate of Intelligence of the Ministry of the Interior in the protection of the ACN, unlike the previous Directive. Thus, several responsibilities are established for ACN operators (public or private entities in charge of the administration or operation of ACNs), such as the designation of a person responsible for the application of the guidelines and the implementation of early warning, video surveillance, signaling and communication systems, among others, to facilitate an immediate response for the safety and protection of ACNs.

Finally, the provisions related to the State of Emergency or specific situations related to the safety of an ACN are also modified. Precisely, it is indicated that the General Directorate of Intelligence of the Ministry of the Interior may form a Technical Risk Management Team (ETGR), through a directorial resolution, to monitor and adopt the corresponding safety measures.

For further information, please contact Verónica Sattler ([email protected]) and/or Fiorella Monge ([email protected]).