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Update on the National Emergency State due to COVID-19 in Peru

On June 26th, 2020, by Supreme Decree No. 116-2020-PCM released in an extraordinary publication of the Official Gazette "El Peruano", the Peruvian government administration has established diverse measures to be observed by citizens in the New Social Coexistence and extended the National Emergency State for the serious circumstances affecting the lives of the Nation as a consequence of COVID-19.


Main aspects of Supreme Decree No. 116-2020-PCM, lines below, as follows:


1. RENEWAL OF THE NATIONAL EMERGENCY STATE


Once again, the National Emergency State, which was declared initially by Supreme Decree No. 044-2020-PCM, has been extended in Peru.


As you might recall, the National Emergency State was temporarily extended by Supreme Decree No. 051-2020-PCM, then by No. 064-2020-PCM, after by No. 075- 2020-PCM and once more time by Nº 083-2020-PCM; and it was specified or modified by Supreme Decrees No. 045-2020-PCM, No. 046-2020-PCM, No. 051-2020-PCM, No. 053-2020-PCM, No. 057-2020-PCM, No. 058 -2020-PCM, No. 061-2020-PCM, No. 063-2020-PCM, No. 064-2020-PCM, No. 068-2020- PCM, No. 072-2020-PCM, No. 083-2020- PCM and N° 094-2020-PCM.


Therefore, the National Emergency State has been extended from Wednesday, July 1st, 2020 to Friday, July 31st, 2020.


During this new extension of the National Emergency State, the exercise of constitutional rights related to personal freedom and security, inviolability of the home, 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, keep restricted.


2. FOCUSED QUARANTINE


Children and adolescents under the age of fourteen (14) years, as well as people in groups of risk like adults over sixty-five (65) years and those with comorbidities as determined by the National Health Authority, they must continue in compulsory social isolation (quarantine), with the exceptions indicated in this Supreme Decree.


Likewise is set the compulsory social isolation (quarantine) in the departments of Arequipa, Ica, Junín, Huánuco, San Martín, Madre de Dios and Ancash, in which the displacement of the people solely is applicable for the provision and access to essential services and goods, as well as for the provision of services of authorized economic activities upon the entry into force of this Supreme Decree.


3. CURFEW


During the extension of the National Emergency State in force in Peru, the schedule of the compulsory social immobilization (“Curfew”) has also been modified. So, now it will be applicable to all the people in their homes from 22:00 p.m. until 04:00 a.m. the next day, from Monday to Sunday nationwide; except for the departments of Arequipa, Ica, Junín, Huánuco, San Martín, Madre de Dios and Ancash, in which the compulsory social immobilization (“Curfew”) of people in their addresses is applied from 20:00 p.m. to 4:00 a.m. hours of the next day and on Sunday, compulsory social immobilization is applicable throughout the day.


During compulsory social immobilization, the strictly necessary personnel participating in the provision of food supply services, health, medicines, financial services, continuity of water, sanitation, electricity, gas, fuels, telecommunication and related activities, cleaning and collection of solid waste, funeral services, and transportation of cargo and goods and related activities, activities related to the resumption economic activities, transportation of flows, this last as stipulated by the Ministry of Transport and Communications, are exempted.


During social immobilization pharmacies, drug stores and apothecaries can provide care according to the specific norms.


Written, radio or television press staff may transit during the period of social immobilization mandatory whenever they carry their personal work pass, their respective journalistic credential and their Document National Identity for identification purposes. The authorization is also extensive for unit mobiles that transport them to fulfill their function.


Scrolling of those people who require urgent medical attention or emergency because their life is in serious risk or health and the acquisition of medicines, without restrictions for compulsory social immobilization.


The limitations on freedom of transit do not apply to foreign personnel duly accredited in the Peru from diplomatic missions, consular offices and representations of international organizations, which displace in the performance of their duties.


The limitations on freedom of transit do not apply to construction, operation, conservation, maintenance and, in general, all that activity directly or indirectly related to National, Departmental or Neighborhood Road Network, leaving excluded from the State of National Emergency, either that these activities be carried out directly by entities from any of those levels of government and / or by third parties hired by them including, but not limited to dealers or contractors.


For this, they must only comply with their Plan for Surveillance, Prevention and Control of COVID-19 in the work.

In all cases, the use of mask for driving on public roads is mandatory.

4. BANK AND OTHER FINANCIAL ENTITIES


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.


5. MARKETS, SUPERMARKETS, RETAIL FOOD ESTABLISHMENTS AND OTHER CENTERS FOR THE SALE OF UNPREPARED FOOD


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.


6. CHILDREN AND ADOLESCENTS UNDER FOURTEEN YEARS


With respect to children and adolescents under fourteen (14) years, they are allowed (if their parents or guardian consider it appropriate), for exception, to go out of their homes during the period of the National Emergency State 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 sixty (60) 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.

  • The attendance of children or adolescents in general, is not allowed to closed public places or with agglomeration.

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.


7. PEOPLE IN RISK GROUPS FOR COVID-19


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 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.


8. CLOSURE OF PERUVIAN BORDERS


About the temporary closure of Peruvian borders, during the National Emergency State, the total closure of the borders continues in force 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 this Supreme Decree 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 established 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.




9. ACTIVITIES IN THE PUBLIC SECTOR


The Public Sector entities of any level of government carry out their activities in a gradual way, for which they will adopt the pertinent measures for their development and attention to the citizenship, safeguarding sanitary restrictions and social distancing, prioritizing everything remote work possible, implementing or enabling the virtualization of procedures, services or others.


For this, the time of entry and exit to the work centers (face-to-face work) of officials, servers, as well as for anyone with an employment relationship, contractual or relationship of any nature is made as follows:

  • People who do not provide care In-person at the citizenship: Entry: 7 a.m. / Exit: 16 p.m.

  • People who provide care In-person at the citizenship: Entry 10 a.m. / Exit: 19 p.m.

Public entities can establish mechanisms for scheduling appointments for customer service public through digital means to optimize their programming. They are excluded from the hours stated above those essential activities, in all kinds of public sector entities, whose stoppage endanger people, safety or conservation of the assets or prevents the ordinary activity of the entity or business. Such tasks and the appointment of workers respective that will continue working are determined by the Head of the entity or whoever he delegates.


10. MEETINGS AND CONCENTRATIONS OF PEOPLE:

Parades, parties’ employers, civil and religious activities, as well as everything type of meeting, social, political, cultural event or others that involve concentration or agglomeration of people, that put public health at risk are suspended.

This Supreme Decree comes into effect from July 1st, 2020.

AOV ABOGADOS

June 2020

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