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Peru

Peru has a tropical climate and is a major timber producing and processing country. Illegal logging and deforestation are driven by expanding agro-industrial farms, drug trafficking, illegal mining and criminal networks, with Indigenous communities at high risk of violence and landlessness due to environmental crime. Timber harvests and export of forest products in Peru are at high risks of illegality and the expanding agro-industrial production of palm oil and cocoa are linked to (il)legal deforestation and governance failures. To combat illegal logging, the Peruvian government implemented a legal timber traceability system known as the Control Module of the National Forest and Wildlife Information System (MC-SNIFFS) in 2021, but it is not fully functional. In the same year, Peru released the National Multi-Sectoral Strategy to Fight Against Illegal Logging 2021-2025 (ENLTI) to define principles and objectives related to illegal forestry activities and strategic actions to implement to combat illegal logging in Peru’s forests and the Peruvian Amazon. In late 2023, the Peruvian Congress approved Law No. 31973 which modifies the 2011 Forest and Wildlife Law. The changes have received backlash from Indigenous organizations, civil society and environmental specialists, and requests for reconsideration from some Congress members. Bills have also been proposed to repeal the law in question. Among other things, stakeholders’ criticism focuses on the transfer of responsibility to design and approve forest zoning designations from the Ministry of Environment to the Ministry of Agrarian Development and Irrigation (MIDAGRI) and the lack of consultation with Indigenous Peoples in the lawmaking process. Critics predict the new law will cause a spike in deforestation, undermine citizen’s rights (including Indigenous Peoples), promote impunity, and prevent the country from meeting their international climate change commitments. Before its approval in Congress, legal scholars raised concerns on the constitutionality of the (draft) law.

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Last updated: March 2024

Forest Management

Forest Governance

Most of Peru's forests are publicly owned, with areas where forest concessions are allowed in protected natural areas. According to Law No. 29763 (2011), there are different types of forest concessions depending on their purpose, which may include, but are not limited to, conservation, timber, non-timber forest products, and ecotourism under state-controlled concessions. One category of forests allows the transfer of use to Indigenous Peoples and privately managed forests that includes peasant and native communities’ land.

Forest governance and management is carried out on a national and sub-national level. The Peruvian government sought to decentralize the forest sector, but the process stalled. Therefore, regions where the functions were decentralized, the regional governments (through their forest and wildlife departments) act as the forest authority. In regions where the functions were not decentralized, the National Forestry and Wildlife Service’s (SERFOR) regional offices undertake SERFOR’s mandate at the sub-national level and serve as the forest authority through their regional offices. The decentralization process has been completed in the regions of Amazonas, Loreto, Madre de Dios, San Martin, Ucayali, La Libertad, Ayacucho, Tumbes and Huánuco.

The following agencies/ministries oversee regulation and management of forest lands and products in Peru:

National government

  • Ministry of Agrarian Development and Irrigation (MIDAGRI) (also known as MINAGRI): Promotes the sustainable use and conservation of natural resources, including forests, through establishing national measures and policies.
    • National Forestry and Wildlife Service (SERFOR): Responsible for planning and implementing national forestry policy and functions as the national forestry and wildlife authority. SERFOR oversees the National Forestry and Wildlife Management System (SINAFOR) and other forestry entities and is responsible for establishing rules and procedures for SINAFOR’s technical operation.
      • National Forestry and Wildlife Management System (SINAFOR): A system made up of ministries, public agencies, and institutions at the national, regional and local levels that exercise powers and functions in forestry management. Provides a space for articulation and coordination of all the entities of the Peruvian State, including the Ministry of Environment, Ministry of Production, the Protected Areas Service, and regional and local authorities, among others, in forestry and wildlife matters. SINAFOR allows authorities to function in a systematic manner to avoid the duplication of functions across different entities.
      • National Forestry and Wildlife Information System (SNIFFS): A national information system that provides traceability for forestry resources and services published by SERFOR. The system promotes stronger decision-making for forestry activities and collects data on forest and wildlife information. This system is not fully functional.
  • Forestry and Wildlife Resources Supervisory Agency (OSINFOR): OSINFOR is an independent oversight agency under the Presidency of the Council of Ministers (PCM) that is responsible for supervising the sustainable use and conservation of forests and forest resources and the implementation of forest management plans.
  • Ministry of the Environment (MINAM): Promotes the sustainable use and management of natural resources and oversees the creation and implementation of national environmental policies. Responsible for coordinating GeoBosques, the national forest monitoring platform in Peru, alongside SERFOR.
  • Ministry of Production (PRODUCE): Creates national policies and supervises the functioning of industries and trade which includes timber processing and manufacturing.
    • CITEMadera and CITEForestal: These agencies operate under PRODUCE and provide technical assistance to the forest and timber processing sector. CITEMadera is involved in wood identification (ID) and is building a wood ID reference library with support from USFS-IP.
  • National Superintendence of Customs and Tax Administration (SUNAT): Administers taxes and oversees customs operations related to timber and forest products exports.

Regional government

  • Regional Forestry and Wildlife Authority (ARFFS): Regional governments that oversee and approve forestry activities that take place within their jurisdictions.
  • Forestry and Wildlife Management Unit (UGFFS): Overseen by regional governments, UGFFS manages, administers and controls forestry resources for the public.

Transparency

For information regarding transparency and risk scores in Peru, head to these links:

Laws and Regulations

In addition to its general, national forestry laws, Peru has different regulations for its natural forests, forest plantations and agroforestry systems and forests in native and peasant communities, as outlined in the sections below.

Forest Laws

  • Law No. 31973 modifying the Forest and Wildlife Law (2024): Amends Articles 29 and 33 of the Forest and Wildlife Law (2011) on permanent production forests and forest zoning. Suspends the mandate to require forest zoning as a requirement for granting enabling titles. The Law also replaces the Ministry of the Environment (MINAM) with the Ministry of Agrarian Development and Irrigation (MIDAGRI) as the ministry responsible for approving forest zoning. For more information on forest zoning, see the Forest Resources section below. This rule does not apply automatically and requires regulations that are not currently available.
  • Forestry and Wildlife Law (Law No. 29763) (2011): (Amended by Legislative Decree No. 1517 (2021) and Legislative Decree No. 1319 (2017)): Provides the legal framework that governs all forests and sustainable forest management for use and protection. All commercial or industrial forest activities must have a management plan approved by the regional authority unless carried out on plantations on communal or private land (Article 44). This law also establishes the mechanisms for granting forest concessions and authorizing forest activities, including harvesting. Any person or company involved in the harvest, processing, or trade of timber and forest products is liable for proving the legal origin of these products (Article 126). A voluntary process, forest owners or managers may seek forest certification in which State provides incentives for compliance (Article 133).
  • National Multi-Sectoral Strategy to Fight Against Illegal Logging 2021-2025 (ENLTI) (Supreme Decree No. 013-2021-MIDAGRI) (2021): The ENLTI 2021-2025 identifies and defines principles and objectives to combat illegal logging and outlines short- and medium-term actions for their implementation. The Strategy calls for strengthening cooperation and information exchange among private and public institutions, addressing corruption within timber supply chains and monitoring compliance and highlights areas within the supply chain that require greater attention to help eliminate illegal logging and associated trade through improved forest governance and regulation.
  • Executive Management Resolution No. 046-2016-SERFOR (2016): Provides the Guidelines for the evaluation of General Forest Management Plans for concessions for timber purposes and Guidelines for the preparation of the Operational Plan for concessions for timber purposes. These guidelines establish the steps that Regional Forestry and Wildlife Authorities (ARFFS) must follow to verify that the operations of concessions for timber purposes comply with existing regulations.
  • Legislative Decree No. 1220 (2015): Establishes measures to combat illegal logging and associated trade. This decree provides that the Public Ministry is the enforcement authority over illegal logging and associate trade and activities.
    • Supreme Decree No. 010-2016-MINAGRI: Provides regulatory standards for the implementation of Legislative Decree No. 1220 (2015). These standards promote collaboration and information sharing among national forestry entities to prevent illegal logging and associated trade and activities.
  • National Forestry and Wildlife Policy (Supreme Decree No. 009-2013-MINAGRI): Provides a national framework for governing forests and wildlife throughout Peru. The policy establishes objectives around governance, sustainability, market and economic competitiveness, social inclusion and knowledge for managing forests. It is currently in the process of being updated.

Natural Forests

  • Supreme Decree No. 018-2015-MINAGRI (Approves the Regulation for Natural Forest Management): Regulates natural forest management throughout Peru. Defines the roles and responsibilities of different ministries, agencies, and governing bodies in forest management and governance. Establishes an ‘enabling title’ which allows for people and companies to use forestry resources under management plans (Article 39). Some activities do not require an enabling title (see Article 40 for details). All enabling titles must have regency, a license granted by SERFOR to ensure the implementation of sustainable management plans (Article 47). Sustainable management plans must be approved by the Regional Forestry Authority before carrying out forestry activities (Article 54).
    • This decree also regulates the issuance of forest concessions for timber purposes, and the requirements to be granted a concession (Articles 69 and 70). Timber concessions must have a general forest management plan (PGMF) and an operational plan (PO). Additional information on granting concessions can be found in Title XI Concessions for Timber Purposes.

Forest Plantations and Agroforestry Systems

  • Supreme Decree No. 020-2015-MINAGRI (Approves the Regulation for the Management of Forest Plantations and Agroforestry): Regulates the management of forest plantations and agroforestry systems. The establishment of forest plantations can only be on previously deforested lands, and it is prohibited to clear forest cover to install forest plantations (Article 9). Creating, managing or using forest plantations on private lands does not require authorization or a management plan, and there is not a right to use payment associated with privately owned plantations (Article 16). These plantations must be registered in the National Registry of Forest Plantations and be updated before harvest (forest plantation registration can be found here). Plantations on public lands are granted through concessions or transfer contracts (Article 17). Forest plantation concessions require a regency license to ensure compliance with management plans (Article 30). See Article 38 for different types of management plans that are applicable to plantation concessions.

Forests in Native and Peasant Communities

  • Supreme Decree No. 021-2015-MINAGRI (Approves the Regulation for the Management of Forests in Native and Peasant Communities): Regulates forest management in rural and native communities. Enabling titles allow peasant and native communities to access forest resources (Article 24 provides a list of the types of enabling titles that may be granted). A forest management plan is required before engaging in any activities in forests (Article 44). There are different management plans for the scale of forestry activities and all management plans must be approved by a regent, except for a Management Declaration (DEMA) (Articles 45 and 46). For information on regulating forest plantations on native or peasant community land, see Title XIV Forest Plantations in Native Communities and Peasant Communities.

Processing/Manufacturing Laws

Natural Forests

  • Supreme Decree No. 018-2015-MINAGRI (Approves the Regulation for Natural Forest Management): Processing plants have a series of obligations they must meet to operate legally. These include processing products of legal origin, maintaining documentation in the Book of Operations or Record of Entries and Departures for four years, provide proof of documentation for authorities, and comply with legal origin requirements (Articles 171 and 175). Secondary processing centers must be registered and follow procedures established by SERFOR and the Ministry of Production (Article 176).

Forest Plantations and Agroforestry Systems

Forests in Native and Peasant Communities

Transport Laws

Natural Forests

  • Supreme Decree No. 018-2015-MINAGRI (Approves the Regulation for Natural Forest Management): Requires holders of enabling titles to mark stumps and logs in accordance with codes provided by the National Information System for Wild Flora and Fauna (SNIFFS) (Article 170). Any timber or forest product intended for transport must hold a forest transportation guide (GTF). To receive a GTF, the forest product information must be recorded in an operation book (Article 171). For more information, see Article 172 Forest transport guide.
    • Portable sawmills, forestry tractors and vehicles for forest product transportation that aren’t regulated by the Ministry of Transportation and Communication must install a GPS that always records their geographical position to ensure SERFOR’s ability to monitor legal origin and the chain of custody of forest products (Article 199).

Forest Plantations and Agroforestry Systems

  • Supreme Decree No. 020-2015-MINAGRI (Approves the Regulation for the Management of Forest Plantations and Agroforestry): Anyone involved in the transport of timber or forest products and by-products from forest plantations or agroforestry systems are required to prove the legal origin of these products through a transportation guide and a referral guide (applicable to exotic species) (Article 66). For forest products of introduced species from forest plantations, a shipping guide with the species identification and plantation registration number is used instead of a transportation guide (Article 68). Additional information on Forest Transport Guides (GTF) can be found in Article 69.
    • Portable sawmills, forestry tractors and vehicles for forest product transportation that aren’t regulated by the Ministry of Transportation and Communication must install a GPS that always records their geographical position to ensure SERFOR’s ability to monitor legal origin and the chain of custody of forest products from forest plantations (Article 100).

Forests in Native and Peasant Communities

  • Supreme Decree No. 021-2015-MINAGRI (Approves the Regulation for the Management of Forests in Native and Peasant Communities): The transport of forest products must be accompanied by a forest transportation guide (GTF) (Article 101). A shipping guide is required for introduced exotic species from registered forest plantations (Article 91). Stumps and logs must be marked by the title holders of peasant communities and native communities before transporting or processing (Article 103). Timber and forest products from forest plantations do not require marking.
    • Portable sawmills, forestry tractors and vehicles for forest product transportation must have GPS devices installed for the tracking of forest products and strengthening the chain of custody under the centralized tracking system, SISESAT (Article 132).

Tax Laws

  • Forestry and Wildlife Law (Law No. 29763) 2011: The right to use forest resources requires payment to the State, which includes a forestry fee. The methods for establishing payment rates for various activities are outlined in Article 49. There are payment exceptions which are addressed in Article 50.
  • Supreme Decree No. 019-2022-MIDAGRI: Regulates taxation (for individuals or entities receiving third category income) in the forestry and wildlife sector. Third category income refers to income derived from commercial and industrial activities. This decree provides the income tax rate, starting in 2022, for third category income and establishes the depreciation rate for assets in the forestry and wildlife sector (Articles 5 and 6).
  • Canon Law (Law No. 27506) (2001) with modifications by Law No. 28077 (2003) and Law No. 30693 (2018): Creates fees for the use of natural resources, including a forestry fee that consists of fifty percent of the payment for the rights to use forest and wildlife products (Title IX Of the Forest Canon). The fee is distributed to local and regional governments in which the resources are located.

Natural Forests

  • Supreme Decree No. 018-2015-MINAGRI (Approves the Regulation for Natural Forest Management):The State requires payments for all rights to use forest resources except for forest concessions for conservation (Article 111). The payment is determined based on surface area size or the value of the forest resources’ natural state. Payments are different for each type of right to use. See Articles 114 to 120 on payments for specific rights to use. SERFOR offers incentives (including reduced payments) for implementing voluntary forestry certification (Article 192 and 194).

Forest Plantations and Agroforestry Systems

  • Supreme Decree No. 020-2015-MINAGRI (Approves the Regulation for the Management of Forest Plantations and Agroforestry): Concessions for forest plantations require a right to use payment, paid annually. The right to use payment amount is based on the surface area of the concession, cost of land, and management plan (Article 55). Transfer contracts for agroforestry systems require a right to use payment equivalent to 0.5% of the tax unit (UIT) per hectare/year. The use of forest or wildlife products is subject to payment based on the value of the species (Article 64). Forest concessions on public land that are dedicated to forest recovery or restoration, protection, and other promoted activities may receive discounts on right to use payments (Article 71).

Forests in Native and Peasant Communities

Trade Laws

Natural Forests

  • Supreme Decree No. 018-2015-MINAGRI (Approves the Regulation for Natural Forest Management): Timber, forest products, and forest by-products (including CITES species) must be accompanied by an export, import or re-export permit from SERFOR (Article 178). Proof of legal origin is required to obtain an export permit. The import of live, invasive or potentially invasive species can be prohibited (Article 179).
  • In February 2024, the Executive Branch presented Bill No. 7085 to Congress, a measure aimed at simplifying the process for forest exports. The bill focuses on reducing the requirements for visual inspections by the National Forestry and Wildlife Service (SERFOR) and the Forest and Wildlife Resources Supervisory Agency (OSINFOR). The main objective would be to expedite the authorization for the management of forest species listed in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which lists species that are not necessarily threatened with extinction but could become so unless their trade is strictly controlled.

Forest Plantations and Agroforestry Systems

Forests in Native and Peasant Communities

  • Supreme Decree No. 021-2015-MINAGRI (Approves the Regulation for the Management of Forests in Native and Peasant Communities): Any individual or entity involved in the trade of timber, forest products or by-products from forests on peasant communities’ or native communities' land must have import or re-export documents verifying the legal origin of these products (Article 101). Holders of enabling titles must maintain an operations book on forest products to promote the traceability of forest products and by-products intended for commercial trade (Article 106). For additional details on exporting forest products and prohibited species for import, see Articles 111 and 112.

Criminal Laws

The Penal Code is the only criminal law that regulates crimes against forests. All other laws (Supreme Decrees) listed in this section regulate administrative sanctions for non-compliance with the administrative obligations and/or relevant authority.

Natural Forests

Forest Plantations and Agroforestry Systems

Forests in Native and Peasant Communities

Bilateral Agreements

  • United States-Peru Free Trade Agreement (PTPA): Entered into force in 2009 and eliminates tariffs and barriers to US services. Annex 18.3.4 on Forest Sector Governance stipulates that, as part of the free trade agreement, both the US and Peru are committed to combatting trade against illegal logging and illegal trade in wildlife. The annex also underlines a commitment to take action to enhance governance in the country’s forest sector and promote legal trade in timber products.

CITES

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international agreement among governments whose purpose is to ensure that the international trade of wild animals and plant species does not threaten the survival of these species. It is up to each country to draft their own domestic legislation to comply with its CITES obligations. Peru signed onto the Convention in 1975.

  • Supreme Decree No. 030-2005-AG (with modifications by Supreme Decree No. 001-2008-MINAM): Regulates the export, import and re-export of CITES species in Peru, and issues permits for CITES species when the mandatory requirements are met (listed in Chapters I, II and III of the 2005 Decree).
  • Directive No. 27-2006-INRENA-IFFS (2006): Establishes procedures for granting CITES export permits for timber and forest species for commercial purposes. This directive includes the legal compliance and application requirements for a CITES export permit.

The species under the protection of CITES are listed in three Appendices based on how threatened they are by international trade. The species listed in Appendix I are the most endangered and international trade in these species is prohibited unless the purpose of import is noncommercial. The species listed in Appendix II are tightly controlled in international trade and may be authorized with an export permit or re-export certificate. Appendix III lists species at the request of a Party that needs other countries’ cooperation to regulate the trade in the species. International trade in Appendix III is allowed with appropriate permits or certificates.

If you don’t know if the species you are interested in sourcing from this country is CITES listed, please check this link. If it is, please use this database to identify the National CITES Authority. In Peru, the CITES managing authority is the National Forest and Wildlife Service (SERFOR). The scientific authority is the Ministry of Environment.

Forest Resources

Resources Overview

In 2010, Peru had 78.7 Mha of natural forest, extending over 61% of its land area.

The Forestry and Wildlife Law (Law No. 29763) 2011 divides Peruvian forests into Forest Zoning and Forest Management Units, which each contain categories and sub-categories:

  • Forest Zoning: The process in which forests are delineated at the national level to determine the potential and limitations for the direct and indirect use of forests by factoring in ecosystems and their resources, the types of users, the types of intensities of activities and their impacts on the permanent provisions of the goods and services of these forest ecosystems. There are four categories, with sub-categories in each (see Article 27 for details on how each category is divided):
    • Permanent production areas
    • Ecological protection and conservation zones
    • Recovery areas
    • Special treatment areas
  • Forest Management Units: The process of forest management, based on forest zoning categories, that determines rights of use and access to forests and their resources under SERFOR (Article 28).
    • Permanent production forests: Intended for permanent production of wood and forest products. Categories I and II forests are considered permanent production forests.
    • Local forests: Intended to provide legal access to local residents to forests for the sustainable use and commercial purposes of forest products.
    • Forests in reserve: Consists of permanent production forests that the State keeps in reserve for future use.
    • Protective forests: Established on category III forests located in permanent production areas, residual or special treatment areas. These forests are intended for the conservation of water sources, soil, and habitats.
    • Forests on lands of peasant and native communities
    • Forests on private properties

Forest concessions may be granted for timber purposes in permanent production forests. Concessions for within different forest zoning categories for different purposes are permitted and detailed in the Forestry and Wildlife Law (2011).

Contacts

Below are incomplete lists of government ministries, industry associations, civil society groups, and research institutes involved with forestry, trade, and efforts to combat illegal logging and associated trade.

Industry Associations