On May 23rd, 2020, by Supreme Decree No. 094-2020-PCM, diverse measures have been established by the Peruvian government administration in order to move towards finding a balance between observing the sanitary measures and the resumption of activities in a more sustainable way, in order that citizens adapt to different practices for a new social coexistence, which contributes to maintaining or improving environmental conditions, and guarantees us to remain vigilant of the health emergency in line with the gradual and progressive resumption of economic and social activities.
The main aspects of Supreme Decree No. 094-2020-PCM are the following:
The National Emergency State, which was declared initially by Supreme Decree No. 044-2020-PCM, has been extended in Peru once again, from Monday, May 25th, 2020 to Tuesday, June 30th, 2020, as well as the compulsory social isolation (quarantine). During this new extension of the National Emergency State, the exercise of constitutional rights related to personal freedom and security, home inviolability, and freedom of assembly and transit in the territory -included in paragraphs 9, 11 and 12 of article 2 and in paragraph 24, paragraph f) of the same article of the Political Constitution of Peru-, are restricted.
On the other hand, regarding the limitation to the exercise of the right of freedom of movement of people, it has been established that during the validity of the National Emergency State and quarantine, people can only circulate on public roads for the provision and access to services, essential goods and activities related to the resumption of economic activities and others indicated in the Annex to the Supreme Decree No. 094-2020-PCM.
Thus, the compulsory social immobilization of all people in their homes ("curfew") is provided from 9:00 p.m. to 4:00 a.m. the next day, with the exception of the departments of Tumbes, Piura, Lambayeque, La Libertad, Loreto, Ucayali, Ica and the provinces of Santa, Huarmey and Casma of the department of Ancash, in which the compulsory social immobilization of people in their homes is applicable from 6:00 p.m. to 4:00 a.m. the next day.
During compulsory social immobilization, the strictly necessary personnel who participate in the provision of food, health, medicine, financial services, the continuity of water, sanitation, electricity, gas, fuel, and telecommunications services and related activities, cleaning and collection of solid waste, funeral services, and transportation of cargo and merchandise and related activities, transportation of flows, the latter as stipulated by the Ministry of Transportation and Communications, are excepted of such restriction.
Likewise, during the compulsory social immobilization, pharmacies and apothecaries are allowed to provide care according to the determined provisions.
Written, radio or television press personnel may transit during the period of compulsory social immobilization provided they carry their personal work pass, their respective journalistic credential and their National Identity Document for identification purposes. The authorization is also extensive for mobile units that transport them for the fulfillment of their function.
The displacement of those who require urgent or emergency medical attention is also allowed because their life or health is at serious risk and the acquisition of medications, without restrictions due to compulsory social immobilization.
For the purchase of food and pharmaceutical products, and financial procedures, only one person per family unit is allowed to move from Monday to Saturday. The limitations on freedom of transit do not apply to foreign personnel duly accredited in Peru of diplomatic missions, consular offices and representations of international organizations, who move in the performance of their duties.
In all cases, the use of a protection mask is mandatory to circulate on public roads.
Regarding to urban transport, among various aspects established, it has been determined that the operators of the transport service must comply with the provisions of the protocols and sanitary regulations approved by the Ministry of Health and the Ministry of Transport and Communications.
Transport units must comply with the capacity established in the protocols and other provisions of the Ministry of Transport and Communications, in order to guarantee social distancing measures among their users. The inspection and sanction to guarantee compliance with the health protocols and other provisions issued by the Ministry of Transport and Communications in order to prevent the spread of COVID-19, is in charge of the Regional and Local Governments, as well as the ATU within the framework of its powers and in accordance with the provisions issued by the aforementioned Ministry.
The interprovincial transport of passengers is prohibited during the National Emergency State, which implies the suspension of the service, by land, air and river, with the exception of interprovincial humanitarian transfers regulated by the special regulations of the matter.
The transport of cargo, merchandise and special air transport is not included in this scope. The Ministry of Transport and Communications, in coordination with the Ministry of Health, can modify the percentage of the national transport offer and dictates the corresponding complementary measures to comply with this article.
On the other hand, with respect to the use of private vehicles, their use for the supply of food, medicine and financial services is now authorized, only and exclusively within the district of residence, in which case one person per vehicle is allowed; as well as for the transfer of people who require urgent or emergency medical attention because their life or health is in serious risk; in the same way, it is allowed to carry out the other activities indicated in the Annex to Supreme Decree No. 094-2020-PCM.
In this sense, during the validity of the National Emergency State, for the provision of services for labor purposes, only private vehicles duly authorized by the Ministry of Defense or the Ministry of the Interior can circulate.
The Ministry of the Interior and the Ministry of Defense are empowered to adopt the corresponding actions regarding unauthorized vehicles, including towing them to the deposits destined for this purpose.
Regarding banks and other financial entities, a capacity of not more than fifty percent (50%) is allowed. In addition, prior disinfection and the mandatory use of masks are required to the public for their entry into the premises, as well as maintaining social distance.
The Health Authority, with the support of the Armed Forces and the Peruvian National Police, exercise the supervision of the compliance to these provisions.
On the other hand, in relation to markets, supermarkets, retail food establishments and other centers for the sale of unprepared food, a capacity of not more than fifty percent (50%) is allowed. In addition, prior disinfection and the mandatory use of masks, as well as maintaining the social distance of not less than one (1) meter, are required to the public for their entry into the premises. The Ministry of Agriculture and Irrigation and the Ministry of Production, within the scope of their competences, dictate the corresponding complementary measures to comply with these provisions.
The Health Authority and the Local Governments, with the support of the Armed Forces and the National Police of Peru, within the scope of their powers, exercise the exercise the supervision of the compliance to these provisions.
With respect to children and adolescents under fourteen (14) years, they are allowed (if their parents or guardian consider it appropriate), to go out of their homes during the period of the National Emergency State and compulsory social isolation (quarantine), considering for this purpose the following conditions:
They must go out with a person of legal age residing at the same address.
The circulation is limited to a daily walk of maximum thirty (30) minutes in duration, in a distance not exceeding five hundred (500) meters from the address of the child or adolescent.
During the walk, a social distance of not less than two (2) meters must be maintained.
The circulation of children or adolescents who present symptoms, who are in quarantine due to health provision or have a positive diagnosis of COVID-19, is not allowed.
Likewise, the recommendations/alerts of the National Health Authority on the areas in which such displacement is allowed must be taken into consideration, without jeopardizing the health and environment of the population.
In regards people in risk groups for COVID-19, people over the age of sixty-five (65) and those with comorbidities in accordance with the provisions of the National Health Authority, the following rules must be complied with:
People in risk groups cannot leave their home, and exceptionally they will be able to do so whenever they require urgent medical attention or in an emergency, as well as for the acquisition of food, medicine and financial services, in case they do not have a support person for it.
They can also leave their home exceptionally for the collection of any pecuniary benefit granted by the Government in the framework of the National Emergency, for the collection of a pension at a bank or for the completion of a process that requires their physical presence.
In the case of people in risk groups who work, their provision of services is prioritized under the remote work modality (“home office”), and in case they voluntarily wish to attend work or provide services in authorized activities, they are subject to the provisions that have been issued at the effective date of Supreme Decree No. 094-2020-PCM and the actions of inspection and supervision of the Health Authority, Local Governments and the National Superintendence of Labor Inspection-SUNAFIL, within the scope of its powers.
About the temporary closure of Peruvian borders, during the National Emergency State, the total closure of the borders is provided and remains active, so that the international transport of passengers, by land, air, sea and river, continues to be suspended, except for humanitarian reasons and in accordance with the regulations issued before the entry into force of Supreme Decree No. 094-2020-PCM, and under the sanitary conditions that must be observed by passengers who exceptionally may enter the national territory, such as compulsory social isolation and others provided by the Sanitary Authority.
The transportation of cargo and merchandise is not included within this temporary closure. The competent authorities adopt the necessary measures to guarantee the entry and exit of merchandise from the country through authorized ports, airports and border points.
The competent authorities may dictate provisions in order to guarantee priority attention for the entry of basic necessities, for health and for all those required to attend the health emergency.
The competent sectors may establish special transitory measures for the entry and exit of restricted goods.
In regards the activities of the Public Sector and its attention, the Public Sector entities of any level of government may restart activities up to forty percent (40%) of their capacity at this stage, for which they will adopt the pertinent measures for their development and attention to citizens, safeguarding sanitary restrictions and social distancing, prioritizing remote work as much as possible, implementing or enabling the digitalization of procedures, services or others, as well as establishing, if necessary, variation or extension of hours of attention at their offices.
Public Sector entities, within their capacity and authorized budgetary limits in accordance with the rules of the matter, must guarantee the chain of payments to the suppliers of goods and services that they have contracted. The other entities of the Public Sector must adopt the pertinent measures for its operation.
The authorized services, essential goods and activities related to the resumption of economic activities are the following:
a) Acquisition, production and supply of food, which includes its storage and distribution for sale to the public.
b) Acquisition, production and supply of pharmaceutical and basic necessity products.
c) Assistance to health centers, services and establishments, as well as diagnostic centers.
d) Employment, professional or business provision to guarantee the services referred to in this annex.
e) Assistance and care for older adults, girls, boys, adolescents, dependents, people with disabilities or people in vulnerable situations.
f) Financial entities, insurance and pensions, as well as complementary and related services that guarantee its proper functioning.
g) Production, storage, transportation, distribution and sale of fuel.
h) Accommodation establishments, for the purpose of complying with the established quarantine or for the accommodation of personnel who provide the essential services and goods listed in this standard.
i) Means of communication and in the case of call centers, only for services related to the emergency.
j) The public sector’ workers that provide the necessary services for the attention of actions related to the health emergency produced by COVID-19, as well as those authorized to restart activities of the Public Sector, to that they can move to their work centers.
k) For the fulfillment of the control functions related to the health emergency by COVID-19 within the framework of Law No. 31016, the personnel of the General Comptroller of the Republic and the Institutional Control Bodies are excepted.
Likewise, the personnel of the National Superintendence of Labor Inspection – SUNAFIL and the labor inspectors of the Regional Governments are excepted.
l) Services necessary for the distribution and transportation of educational materials; the storage, transport, preparation and/or distribution of food from the social school feeding program, as well as the acquisition, transport and distribution of supplies for maintenance of infrastructure and minor equipment (hygiene kits) for the prevention of COVID-19, at the appropriate educational levels.
All this, in accordance with the provisions of the Ministry of Education in coordination with the Ministry of Development and Social Inclusion and according to the protocols issued by the Ministry of Health.
m) Services for the activities included in the "Resumption of Activities" strategy, approved by Supreme Decree No. 080-2020-PCM, pursuant to its implementation.
n) Electronic commerce services for the sale of clothing, footwear and household appliances, as well as the provision of books, school supplies and office supplies, for education and work purposes, and must comply with the sanitary regulations issued by the National Health Authority.
o) Support services for diagnosis, dentistry, ophthalmology, rehabilitation, human reproduction, veterinary, among other medical services other than those related to the care of the health emergency produced by COVID-19, observing the health protocols established by the National Health Authority.
p) Mobile application services for home delivery provided by third parties, having to observe the health protocols established by the National Health Authority.
q) Independent technical and professional services such as computer technicians, plumbing, gardening, electricity, carpentry, laundry, appliance maintenance, equipment repair, hairdressing and cosmetology services, hardware stores, cleaning services or home assistance. All these services will be provided at home.
r) Federated sports activities, among which are professional football; under protocols approved by the Peruvian Sports Institute in coordination with the Ministry of Health.
The practice of any of these activities must be carried out without an audience on sports venues.
s) Other services that as of the effective date of this standard, were already enabled for its operation.
The activities mentioned in literals m), n), o), p), q) and r) of this Annex may begin gradually from May 25th, 2020.
In case of the legal entities included there, they should only register with the competent Sector, and they must previously submit their “Plan for the surveillance, prevention and control of COVID-19 at work” before the Integrated System for COVID-19 (SICOVID- 19) of the Ministry of Health, for the start of its activities.
All the services and activities contained in the Annex must be carried out in strict compliance with the measures established to avoid the spread of COVID-19.
AOV ABOGADOS
May 2020