MINEM Publishes Draft Supreme Decree with Complementary Rules for Law Nº 32537

Regulatory Extension within the Formalization Framework
During the week of February 16–22, the Ministry of Energy and Mines (MINEM) ordered the publication of a draft Supreme Decree establishing complementary provisions to Law Nº 32537, which amends Legislative Decree 1293 and extends the small-scale mining formalization process through December 2026. Through Ministerial Resolution N° 062-2026-MINEM/DM, published in the official gazette El Peruano, the government opened a 15-day
public consultation period to receive comments, technical inputs, and citizen observations. The measure reflects an attempt to provide procedural continuity and regulatory clarity at a time when the transition toward a new legal framework for artisanal and small-scale mining (MAPE) remains institutionally sensitive.

Public Consultation and Institutional Processing
The Dirección General de Formalización Minera (DGFM) has been designated to receive, systematize, and analyze submissions related to the draft regulation, centralizing technical review within the ministry. By formally opening the consultation process, MINEM signals an effort to embed participatory mechanisms within what has historically been a politically charged and administratively complex formalization pathway. The process aims to structure feedback before final approval, potentially reducing future legal ambiguities and strengthening regulatory coherence in the implementation phase.

Legal Certainty and the Transition toward the MAPE Framework
The stated objective of the complementary norms is to guarantee legal security, order, and a responsible transition toward the forthcoming MAPE law governing artisanal and small-scale mining. In practice, the effectiveness of this extension will depend on enforcement capacity, inter-institutional coordination, and credible pathways for operators to migrate into formal status. Given the parallel expansion of informal gold mining and its associated governance risks, the regulatory refinement process represents both an opportunity to strengthen institutional authority and a test of the State’s ability to balance inclusion, compliance, and environmental oversight within Peru’s broader mining strategy.