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Peru: Constitution Amended to Improve Annual Presentation of the General Account

(Sept. 28, 2009) On September 7, 2009, President Alan García Pérez of Peru promulgated Law No. 29401, amending articles 80 and 81 of the Constitution to improve the system of presentation and evaluation of the General Account of the Republic.

The amended article 80 states that the Minister of Economy and Public Finance is to present to the full session of the Congress of the Republic the list of revenues each year. At the same time every Minister is to submit to the Congress the list of expenditures for his sector, having previously submitted the results and goals of the execution of the budget of the previous year and the balance sheets in the execution of the budget of the current fiscal year. The President of the Supreme Court, the Attorney General of the Republic, and the President of the National Electoral Tribunal are to submit the pertinent lists to their respective institutions.

If the signed budget law is not submitted to the executive branch by November 30, the executive budget bill comes into force and is promulgated through a Legislative Decree.

Supplementary credits, authorizations, and transfers of financial allotments are handled by the Congress of the Republic in connection with the general account in the same manner as prescribed by the law on the budget. During a parliamentary recess, such matters are handled by a Permanent Commission of the Congress. In those instances, a vote of three-fifths of the legal number of its members is required.

Article 81 as amended establishes that the General Account of the Republic, together with the audit report of the Office of the Comptroller General of the Republic, is to be sent by the President of the Republic to the Congress within the period that expires on August 15 of the year following the execution of the budget.

A review commission examines and issues an opinion about the General Account of the Republic before October 15 of each year. The Congress of the Republic issues its opinion before October 30. In the absence of a legislative decision, the opinion of a review commission is submitted to the President of the Republic to promulgate a legislative decree containing the General Account of the Republic. (Ley No. 29401, EL PERUANO [Official Gazette], Sept. 8, 2009, available at http://www.congreso.gob.pe/ntley/Imagenes/Leyes/29401.pdf.)