Regulatory Policy in Peru 2026

This report presents a comprehensive assessment of Peru’s progress in implementing OECD’s regulatory policy principles and best practices. It analyses the evolution of Peru’s legal and institutional framework for better regulation, the development and implementation of regulatory management tools, the governance mechanisms supporting regulatory quality across different levels of government, as well as policies to support IRC and agile regulatory governance.

Peru’s efforts to introduce regulatory management tools date back to 2016, when the OECD’s report Regulatory Policy in Peru: Assembling the Framework for Regulatory Quality recommended the creation of a whole-of-government approach. The government adopted a gradual strategy to implement regulatory tools, such as Regulatory Impact Assessment (RIA) and stakeholder engagement, supported by awareness-raising and pilot programmes. Economic regulators like the Supervisory Agency for Private Investment in Telecommunications (OSIPTEL), the Supervisory Agency for Investment in Energy and Mining (OSINERGMIN), the Supervisory Agency for Investment in Public Transport Infrastructure (OSITRAN), and the National Superintendence of Sanitation Services (SUNASS) have embedded RIA and consultation practices in their rulemaking and improved governance in line with OECD best practices.

Peru has established a robust policy and legal foundation for regulatory reform. It has demonstrated strong commitment to OECD regulatory principles through the General Law to Improve Regulatory Quality (General Law) and the 2025 Bylaw. The legal and institutional framework now covers the main components of regulatory policy—RIA, ex post evaluation, stakeholder engagement, and administrative simplification—supported by the Presidency of the Council of Ministers (PCM), SGP, and the Multisectoral Regulatory Quality Commission (CMCR). Implementation, however, remains uneven, limited by capacity gaps, frequent staff turnover, and co-ordination challenges. The OECD recommends completing the framework by strengthening enforcement and multi-level governance, ensuring proportional RIA and consistent public consultation, and promoting risk-based regulatory delivery. Peru should also reinforce the independence of regulators, develop agile regulatory pilots, and expand capacity-building efforts. Sustained leadership, stable resources, and coherent implementation are key to embedding a culture of regulatory quality across the administration and ensuring long-term, evidence-based regulatory policy aligned with OECD best practices.

In 2025, the General Law Bylaw was enacted to reinforce governance, clarify institutional responsibilities, and cement the use of regulatory management tools across the administration. It builds on previous experience, aligns with OECD best practices, and introduces mechanisms for sub-national co-ordination and stakeholder consultation.

Peru has laid the groundwork for evidence-based regulation, including forward planning through the Early Agenda, which identifies public policy problems annually. The introduction of mandatory RIA across the Executive Branch represents a major step, though uptake remains limited due to excessive use of exceptions and lack of proportionality criteria. The CMCR oversees the quality of RIAs, but pressures and resource constraints affect performance. Ex post evaluation is still incipient, though the General Law establishes its gradual implementation, beginning with priority sectors. Administrative simplification continues to be a cornerstone of regulatory reform, with tools like the Single Text for Administrative Procedures (TUPA) and the Single System of Formalities (SUT) helping reduce burdens on citizens and businesses.

Based on a document prepared to support the accession review discussions of the Regulatory Policy Committee (RPC) on 12 April 2024, the Committee provided recommendations to Peru. On progress by Peru in a selected group of these recommendations, the government assessed the RIA system, launched a roadmap to strengthen adoption, and formalised proportional RIA through the Bylaw. It also introduced ex post evaluation mechanisms with clear criteria and gradual implementation plans, marking solid progress toward OECD standards.

Peru has improved transparency in rulemaking through legal instruments mandating public consultation for regulations that create or modify compliance costs. The Guidelines for Public Consultation and the Public Consultation Manual provide detailed procedures. However, many ministries still request exceptions, limiting the tool’s systematic use.

The Bylaw makes stakeholder engagement mandatory for all regulations subject to RIA, linking consultation outcomes directly to RIA submissions. It introduces proportional consultation requirements based on policy impact, complexity, and risk. Updated consultation guidelines now include examples, feedback management matrices, and clearer criteria for participation.

Peru lacks a unified policy on enforcement and compliance, resulting in fragmented inspection systems. Each agency maintains its own practices, limiting co-ordination and data collection. While inspectorates such as OEFA, OSINERGMIN, and OSIPTEL use risk-based approaches, others face capacity constraints.

Economic regulators – OSIPTEL, OSINERGMIN, OSITRAN, and SUNASS – display governance structures aligned with OECD principles. They implement RIA, consultation, and ex post evaluation tools effectively but face pressures that could undermine their independence. Strengthening autonomy, data‑driven enforcement, and institutional co-ordination remains a priority.

Sub-national governments in Peru have broad regulatory powers but limited capacity to apply regulatory management tools. The General Law mandates the PCM to advise sub-national entities to adopt better regulation practices. Current pilot programmes aim to extend RIA and administrative simplification to regional and municipal levels.

Based on a document prepared to support the accession review discussions of the RPC on 12 April 2024, the Committee provided recommendations to Peru. On progress by Peru in a selected group of these recommendations, Peru has launched pilots in several regions, developed the 2025 Bylaw to guide multi-level implementation of policies, tools and practices on regulatory policy, and introduced training and exchange mechanisms to improve coherence across government levels.

Peru’s General Law promotes agile regulatory governance by introducing cost-effective innovation in regulation. However, the operational framework for agile governance is not yet developed. The Superintendence of Banking, Insurance and Private Pension Fund Administrators of Peru (SBS) has pioneered regulatory sandboxes for financial innovation, while other regulators employ data-driven and risk-based methods. Despite these efforts, awareness and capacity remain limited.