Financial Crime World

Forest Management Regulations and Laws in Peru

Forest Management Regulations

Peru has established a set of regulations to ensure responsible forest management and timber extraction. The following articles outline the key requirements:

  • Article 54: Forest Management Plan (FMP): A comprehensive plan that outlines the objectives, strategies, and actions for sustainable forest management.
  • Article 58: Timber Extraction: Regulations governing the harvesting of timber, including the types of trees that can be extracted, the quantities allowed, and the methods used.
  • Article 168: Proof of Legal Origin of Forest Products and By-Products: Producers must provide documentation to prove the origin and legality of forest products and by-products.
  • Article 169: Traceability of Forest Resources: The traceability of forest resources is required to ensure that products are not sourced from protected areas or endangered species.
  • Article 171: Forest Operation Logbook: A logbook must be kept to record all forest operations, including harvesting, transportation, and processing.
  • Article 172: Timber Transport Permit: A permit is required for the transportation of timber, which must include information on the origin, destination, and quantity of the timber.
  • Article 173: Special Condition for the Transport of Forest Specimens, Products or By-Products: Additional requirements apply to the transport of certain forest specimens, products, or by-products, such as those that are protected by law.
  • Article 174: Facility Operating License for Primary Transformation Facilities, Collection Points, Storages, and Trade Centres: A license is required for facilities involved in the processing, storage, and trade of forest products.

Criminal Code

The following articles outline the penalties for crimes related to forest management and timber extraction:

  • Article 310-A: Illegal Trafficking in Forest Products (penalty): Punishable by imprisonment or fines.
  • Article 310-B: Obstruction of Proceeding (penalty): Punishable by imprisonment or fines.
  • Article 314-B: Liability for false statements contained in reports (penalty): Punishable by imprisonment or fines.
  • Article 427: Document Forgery (penalty): Punishable by imprisonment or fines.

Primary Transformation Centre

A primary transformation centre is a facility that processes forest products, including:

  • License to Set Up a Transformation Centre: A license is required for the establishment of a transformation centre.
  • Control of unprocessed products entering the Primary Tranformation Centres (PTCs): Unprocessed products must be controlled and inspected before entering PTCs.
  • Regular Inspections: Regular inspections are conducted at PTCs to ensure compliance with regulations.

Timber Transport Permit

A timber transport permit is required for the transportation of processed forest products, except:

  • GTF is required for dispatch or mobilise processed products, except furniture, handicrafts, and related items

Forest Administration and Control Authority

The following authorities are responsible for enforcing forest management regulations in Peru:

  • ARFFS: Regional Forest Authority: Responsible for administering and controlling forests at the regional level.
  • SERFOR: State Forest Service of Peru (in some cases): Responsible for managing and regulating forests, as well as issuing permits.

Customs Control and CITES Authorization

Customs control is conducted at the border to ensure compliance with regulations. Additionally:

  • CITES Authorization required for exporting forest products: Exporters must obtain authorization from SERFOR before exporting forest products.
  • Flora and Fauna Export Permits granted by SERFOR: Permits are issued by SERFOR for the export of flora and fauna.

Serious Crimes against Forests and Wildlife

Illicit trafficking in forest products is a serious crime, punishable under Article 310-A of the Criminal Code. Other related crimes include:

  • Obstruction of proceedings
  • Liability for false statements
  • Document forgery
  • Ideological falsehood