INTEGRAL MINING

FORMALIZATION
PROCESS

1 1
 NORMATIVE TIMELINE OF THE INTEGRAL MINING
FORMALIZATION PROCESS

Complementary provisions for Regulatory Provisions to the

Declared of National Interest the
the practicing of the Environmental Management Instrument
Mining Formalization and Artisanal
preference's right. for the Mining Formalization and Artisanal
Mining Activities.
Mining Activities.

Complementary Provisions for

Provisions to the Integral Mining Established precisions to the Integral
simplification of Requirements and
Formalization Process. Mining Formalization Process
obtaining of economic incentives in the
(Inclusion of Coordinates and
framework of PFMI.
Verification until 31th.March.2019 and
presentation of the IGAFOM
CORRECTIVE and PREVENTIVE until
31th.July.2019).

2
NORMATIVE FRAMEWORK OF THE INTEGRAL MINING
FORMALIZATION PROCESS

DL Nº 1293
Declaration of national
interest the restructuring
of the formalization DL Nº 1336
process of the activities
about Artisanal and Small- Establishment of
Scale Mining, referred to complementary
DL Nº 1105. provisions to the Integral
Mining Formalization
Process, so that it is
coordinated, simplified
and applied in the
national territory.
Modificaciones

3
INTEGRAL MINING FORMALIZATION PROCESS REQUIREMENTS –
LEGISLATIVE DECREE Nº 1336

1. Approbation of IGAFOM or IGAC when It will be

corresponded. The presentation of the CORRECTIVE and
PREVENTIVE IGAFOM could be displayed until July 31th,
2019.
2. Property Accreditation or Authorization of Use of the
surface terrain.
3. Accreditation of Legal Right of Possession, Assignment
Contract or Exploitation Contract about the mining
concession.
4. The presentation of the CAR will not be required, being
enough the presentation of a Sworn Statement subject to
subsequent inspection by the Ministry of Culture..
5. Technical expedient presented through formats.
4
SUPREME DECREE Nº 018-2017-EM

Create the REINFO

(Integral Registry Of Mining

Formalization)

GOALS

Ways of accreditation, that is

indicated in the paragraph 3.5
of art. 3rd of DL N° 1336.

Applicable to informal miners who are part of REINFO, to nationwide.

5
Integral Registry Of Mining Formalization

It has public
From August 2nd, 2017, It access
was constituted as the only The registration of the
miners registry within the person within registry,
framework of Integral It considers them as
Mining Formalization informal miners.
Process.

REINFO

6
INTEGRAL REGISTRY OF MINING FORMALIZATION

Active registration
in the RNDC and
with RUC, from
August 1st, 2017

The mining owners in

mining exclusion Active registration
zone, with current
concession granted
MEMBERS within the RS, from
August 1st, 2017 -
before February 19, automatically in
2010.. the REINFO.

People who do
exploitative
activity, they were
registered from
August 1st, 2017 in
the face of SUNAT.
7 7
PROPERTY ACCREDITATION

Departure Number
and Registry Office
where the property
right is registered
on the surface land
Sworn Statement Legalized copy of the
with legalized property title with a
signature in the certain date proving
face of a notary ownership.
public.

Property
Accreditation

8
ACCREDITATION OF USES OF THE TERRAIN SURFACE

Legalized copy of the

document of certain date,
where the terrain´s owner
grants the use of the area
where the mining activity is
developed.
Registration Number and
Register office, where the
Sworn Statement subscribed document authorizes the use of
by the informal miner, where the terrain, or the public deed
he indicates the authorization testimony of the contract
of 100% of the shares and the authorizes the use.
property rights. (UTM DATUM
WGS-84 system, legalized
signatures).

USES OF
THE
SURFACE
TERRAIN

9
 ACCREDITATION OF USES OF THE TERRAIN SURFACE

Eriazos Terrain

Coordinates UTM
That indicates that DATUM WGS84,
Sworn Statement
it is within the belongs to the
with a signature
Eriazo Terrain from area where
Legalized
the State activity takes
place.

10
ACCREDITATION OF OWNERSHIP, ASSIGNMENT CONTRACT
OR EXPLOITATION CONTRACT

Concession • Registration Number and Registry Office

where the ownership is registered.
incumbent

No • Registration Number and Registry

Office where the mining assignment
Concession contractor exploitation contract is
recorded, It indicates the area where
incumbent the activity takes place.

Note: GORE or the Ministry of Energy and Mines can intervene, a request of the parts, as
intermediaries, doing the role of facilitators in the negotiations of agreements or contracts.

11
AUTHORIZATION TO START OR RESET OF MINING ACTIVITIES OF MINING
AND / OR BENEFIT OF MINERALS AND / OR BENEFIT CONCESSION TITLE

Authorization of Start /
Technical Expedient
Reset of Activities

- It consists in the verification of compliance with

- It contains information according to the type
of substance, according to the nature of the
mining activity developed by the miner
registered in the REINFO.
- The information recorded has the character of
a Sworn Statement, and is subjected to
subsequent supervision by the corresponding
Regional Directorate of Energy and Mines.
the requirements set forth in Legislative Decree
No. 1336.
- The requirements presented to obtain the
authorization must refer to the same area and to
the same Mining Right consigned in the REINFO.
- Previos to the issuance of the authorization, the
corresponding Regional Directorate of Energy
and Mines verifies the activity of the informal
miner in the field.

12
MODIFICATION OF THE INFORMATION CONTAINED IN THE INTEGRAL REGISTRY OF
MINING FORMALIZATION - ARTICLE 15 FROM THE SUPREME DECREE N ° 018-2017-EM

Modifications
in the REINFO

DGFM
It may require support GORE
from the Regional
Governments. Regional Directorates
of Energy and Mines
or those that do their
It Updates the competencies.
information contained
in the REINFO

13
ASSUMPTIONS OF MODIFICATION IN THE INTEGRAL REGISTRY OF MINING
FORMALIZATION - ARTICLE 16 FROM THE SUPREME DECREE N ° 018-2017-EM

SOME CASES OF MODIFICATION

 Correction of material error in the name and / or surname, company name,

National Identity Document or Immigration Card and / Unique Taxpayer
Registry (paragraph 16.1)
 Correction of material error related to mining law (paragraph 16.2)
 Modification of the declaration regarding the Mining Right (paragraph 16.4)
 Modification by division, division or extinction of the Mining Right (paragraph
16.5)
 Change of ownership of PN-EIRL (paragraph 16.6)
 Change due to mining accumulation (paragraph 16.7)
 Modification of the corporate name of the legal entity or person (paragraph
16.8)

14
CAUSES OF EXCLUSION FROM THE INTEGRAL REGISTER OF MINING
FORMALIZATION - ARTICLE 13 FROM THE SUPREME DECREE N ° 018-2017-
EM

Develop mining
Not be activity outside the
developing mining right
mining activity declared in the
 COMPETITION REINFO
General Directorate of
Mining Formalization
Development of Firm sentence by
 PROCESS Some activity in areas the commission
The exclusion proceeds
after carrying out the
Causes of that have of the crime
provided in the
authorization
procedure established
in Article 14 of the
Exclusion resolution Start / article 307-A
Penal Code
Supreme Decree in Art. 13 Restart of activity
mention.

Failure to comply
with obligations and
WITHDRAWAL / or environmental
ARTICULATED and occupational
health and safety
responsibilities

15
 PRECISIONS

• Since August 2, 2017, the REINFO is the only registry of informal miners under the Integral Mining
Formalization Process.

• The informal miners who are part of the REINFO, can develop mining activity respecting the
assumed commitments and the requirements for which they were registered.

• The surface terrain can be accredited through a Sworn Statement, in case that it is mining
exploitation activity. In addition, they may submit a negative cadastral search certificate.

• The possibility that informal miners who are natural people, can constitute a legal person and it
obtains the registration in the REINFO.

• It is required the presentation of a Sworn Statement of No one-Existence of Archaeological

Remains, instead of the Certificate of No one-Existence of Archaeological Remains - CIRA.

• The miner must present his IGAFOM (CORRECTIVE and PREVENTIVE) until July 31th, 2019.

• Simplified Technical Expedient at the level of formats with the nature of a Sworn Statement and
containing information that is adjusted to the reality of small-scale mining activity.

16
THANKS

17
Did you know what? …
(Regulation that regulates Small-scale Mining and Artisanal Mining)
Ordinary Procedure
• Regulated by LAW Nº 27651 "Law of
Formalization and Promotion of
Small-scale Mining and Artisanal
Mining" (January 22nd, 2002)
• DS N ° 013-2002-EM - "Regulation of
the Law of Formalization and
Promotion of Small-scale Mining
and Artisanal Mining" (April 21st,
2002)
COMPARATIVE CHART
Exceptional Procedure
Legislative Decree No. 1293 (30/12/2016) - The current law
The Integral Process of Mining Formalization is declared of National
Interest. Creates the formalization process of integral mining for
small-scale mining and artisanal mining activities, for a period of 36
months from August 1st, 2017.
Legislative Decree No. 1336 (06/01/2017) - The current law
Provisions were established for the Integral Mining Formalization
Process, so that it is coordinated, simplified and applied within the
national territory.
Supreme Decree N ° 018-2017-EM (01/06/2017) - The current law
It establishes complementary provisions for the simplification of
requirements and obtaining of economic incentives within the
framework from Integral Mining Formalization Process, the Integral
Registry of Mining Formalization is created by the General Directorate
of Mining Formalization and It is constituted as the only registry that
includes the miners informal activities under the Integral Mining
Formalization Process.
18
 DEFINITIONS OF FORMAL AND INFORMAL MINING
FORMAL
Activity exercised by a person, natural or legal, that
has authorization to start or restart activities of
exploration, exploitation and / or mineral benefit
and / or title of granting benefits from the
competent authority.
INFORMAL
Mining activity carried out in areas no permitted by
that natural or juridical person, which is registered in
the Integral Registry of Mining Formalization,
complying with the administrative and additional
regulations, with the conditions set in article 91 from
the Sole Text of the Law General Mining, approved by
Supreme Decree No. 014-92-EM.
Article 2 from Legislative Decree 1336.
19
 Size of the Area Production
Large-Scale
Mining Industry More than 2,000 Ha. More than 5,000 TM / day.

Medium-Scale
Mining Industry More than 2,000 Ha. Up to 5,000 Tm / day

Small-Scale Up to 350 TM / day - Metallic

Mining Indrutry Up to 2,000 Ha.
Classification UP to 1,200 TM / day - No metallic
of Peruvian Up to 25 TM / day - Metallic
Artisanal Mining Up to 1,000 Ha.
Mining Up to 100 TM / day - No Metallic

 For the case of producers of construction materials, sands, gold

gravels, Detrital heavy metals, the capacity is as follows:
- Small Mining: Up to 3000 m3 / day.
- Artisanal Mining: Up to 200 m3 / day.
 ENVIRONMENTAL MANAGEMENT
INSTRUMENT FOR THE FORMALIZING
ARTISANAL AND SMALL-SCALE MINING
ACTIVITIES - IGAFOM

21 1
NORMATIVE ASPECTS

• The Environmental Management Instrument for the

Formalizing Artisanal and Small-Scale Mining Activities.-
Legislativo Decree IGAFOM, is constitute; which is presented by the informal
N° 1336 - Article 6 miners registered in the Integral Registry of Mining
Formalization before the competent authority.

Supreme Decree • Regulatory Provisions are established for the Environmental

Management Instrument for the Formalizing Artisanal and
N° 038-2017-EM Small-Scale Mining Activities.

2
SCOPE OF IGAFOM
What does it mean?
It is a requirement to formalize.
It is the environmental
management Instrument for the
miners in formalizing process.
What is it for?
It demonstrates a commitment
that will gradually comply with
best environmental practices.
It helps to prevent you from
being denounced for
environmental pollution and
you do not have an
environmental management
Instrument.
23 3
SCOPE OF IGAFOM

What is the content?

Preventive
Aspect
It is made up of a corrective
aspect and a preventive aspect.

Corrective: The activity you

have already done and / or you
are doing

Preventive: Activities that you

will do according to your
Preventive
projections Aspect

24 4
SCOPE OF IGAFOM

How do I present it?

To present the IGAFOM, you
need to fill out the forms that
are posted on the MINEM
website.
(www.minem.gob.pe)
The access is free.

If you prefer to fill out the forms

from the MINEM application,
you can request a username
and password, sending an
email with your personal
information to the email:
DGFM@minem.gob.pe
25 5
SCOPE OF IGAFOM
When can I present the IGAFOM?
The corrective and preventive
format can be presented until July
31st, 2019 (Supreme Decree N °
019-2018-EM).
The preventive format is submitted
3 months after the corrective
format has been submitted.
Example: If I submit the corrective
format on december 7th 2017, I
have until mach 7th 2017 (3
months) to present the preventive
format.
How can I fill out the forms?
You have to fill out all boxes of the
formats. If any of them does not
correspond to your activity, you
must specify why.
The corrective format has been
designed to the miner can fill out
their data without needing help,
however, the miner can approach
to the offices of the DREM or the
DGFM and this offices will provide
technical assistance.
The preventive format must be
filled out with a professional
engineer.
26 6
STRUCTURE OF THA IGAFOM

ASPECTS TIPE OF SUBSTANCE

Metallic
Corrective
IGAFOM No Metallic

Metallic
Preventive
No Metallic

27 7
CONTENT AND SPECIFICATIONS OF THE IGAFOM

CORRECTIVE ASPECT PREVENTIVE ASPECT

1. General information of the exploitation and / or 1. Mining activity according to the exploitation and /
benefit activity developed in development or benefit method.

2. Mining activity according to the exploitation and /

2. Baseline.
or benefit method.

3. Description of the current situation of the areas

where the mining activity would have developed,
3. Identification and evaluation of environmental
and it should be considered the aforementioned
impacts.
description, That constitutes a sworn statement of
the environmental situation.
4. Environmental management plan. 4. Environmental management plan.
5. Closing and post closing measures. 5. Monitoring and control plan.
6. Timeline of implementation of environmental
6. Closing and post closing measures.
management measures.

7. Timeline of implementation of environmental

7. Monitoring and control.
management measures.
8. Annexes.

28 8
Inglés

IGAFOM - What is the Procedure?

To Present the Pronouncement of

Corrective Aspect To Present the Preventive competent authority
Format Aspect Format to IGAFOM approval
FRIST STAGE SECOND ESTAGE FOURTH STAGE

Favorable opinion from

SERNANP, ANA or
SERFOR, as appropriate

2020
Observations
competent authority's Inspection actions or
Seal of reception supervision of
It must send to the
recommendations
DREM for notification
and correction
(Point of
The preventive format is single contact)
presented 3 months later

point of
single contact

Evaluation
(30 days)
THIRD STAGE 29 9
GENERAL DISPOSITIONS

• It is applied to informal miners registered in the Integral Registry of Mining

Formalization - REINFO.

• The DREMs are in charge of the evaluation and supervision of IGAFOM.

• In metropolitan Lima: the evaluation is in charge of the DGAAM and the

audit is in charge of the DGM.

30 10
INSPECTION

• Obligations and environmental commitments assumed in the IGAFOM are

supervised by the competent EFA (DREM)

• The OEFA can provide the escort service to the supervision carried out by
the EFAs.

31 11
THANK SO
MUCH

32 12