Urgency decree enables temporary contracting and works for the papal visit

The Executive Branch published Urgency Decree No. 012-2026, which establishes extraordinary and temporary measures regarding public procurement to address the visit of His Holiness Pope Leo XIV to Peru. The regulation appears in the Official Gazette El Peruano No. 19534, dated Tuesday, September 22, 2026, LEGAL NORMS section, pages 4-7 (official reference 2556847-1). The instrument was signed at the Government House, in Lima, on September 21, 2026, and is in effect until November 16, 2026.

The measure is supported by the declaration of national interest of the apostolic visit, ordered by Supreme Decree No. 037-2026-RE of August 13, 2026, and specified by Supreme Resolution No. 132-2026-RE, published on August 25, 2026. On the same September 22, Supreme Decree No. 043-2026-RE adjusted the itinerary: the visit will take place from November 11 to 16, 2026, in the departments of Cajamarca, Cusco, Lambayeque, Lima, Ucayali, and the Constitutional Province of Callao.

The decree invokes Law No. 32069, General Public Procurement Law, and its Regulations approved by Supreme Decree No. 009-2025-EF, as well as Law No. 30154, which regulates a special procurement procedure for international summits declared of national interest.

Non-competitive selection for three entities

Article 2 exceptionally provides for the application of the non-competitive selection procedure provided for in literal c) of numeral 55.1 of article 55 of Law No. 32069 and in articles 101, 102, and 103 of its Regulations, for the strictly necessary procurements of three entities:

• National Institute of Radio and Television of Peru (IRTP): goods and services to ensure coverage, production, transmission, retransmission, and official broadcasting, via open signal and free access.
• National Urban Sanitation Program (PNSU): comprehensive service comprising operation, cleaning, supply of inputs, management, and sanitary disposal of waste from portable chemical toilets intended for those attending activities in the city of Lima.
• Regional Government of Lambayeque: rental of equipment and portable toilets, rental of security elements, acquisition of identification and protocol services, mobilization services, assembly, installation, interconnection, configuration, testing and operation, and rental of heavy machinery.

The reports required by numeral 102.3 of article 102 of the Regulations must certify the direct and indispensable link with the intended object and set the maximum procurement date, under the responsibility of the competent officials.

Planned venues in Lambayeque

According to the decree itself, the procurements of the Regional Government of Lambayeque will allow for the development of the events scheduled in the Pampas de Pimentel, the Capitán FAP José Abelardo Quiñones Gonzales International Airport of Chiclayo, the Chiclayo Cathedral, and the Santo Toribio de Mogrovejo Chapel of Zaña.

The PNSU, attached to the Ministry of Housing, Construction and Sanitation, justifies its intervention on the grounds that the massive and temporary concentration of attendees generates a demand for hygienic services that requires complementing the available sanitary capacity. The service includes the availability of units, transport, installation, and commissioning before the start of activities, maintenance during use, and subsequent removal.

Temporary interventions on private properties

Article 3 authorizes the Regional Government of Lambayeque to execute actions for the conditioning, adaptation, improvement, enabling, recovery, and maintenance of privately owned lands or spaces necessary for the organization, security, accessibility, mobility, and care of the attendees. The works may include leveling, compaction, and soil improvement; cleaning and removal of surplus material; conditioning of accesses; enabling of temporary roads, transit areas, parking, and concentration zones; temporary drainage; and the placement of security, signaling, and lighting elements.

Execution requires prior and express authorization from the owner, legitimate possessor, or whoever has sufficient powers, formalized through an agreement, authorization act, temporary assignment of use, or other suitable instrument, which must identify the area, the purpose, the term, and the conditions for restitution. The authorization does not constitute a transfer of ownership nor does it generate any real right in favor of the regional government.

Other exceptional measure and financing

The Sole Final Complementary Provision authorizes, during Fiscal Year 2026, the Ministry of Production to carry out budgetary modifications at the programmatic functional level charged to the Ordinary Resources incorporated by Article 3 of Law No. 32732, to finance interventions associated with the El Niño Phenomenon 2026-2027. For this purpose, it is exempt from numeral 30.2 of Article 30 of Law No. 32732, and this measure remains in effect until December 31, 2026.

Article 5 specifies that the implementation is financed from the institutional budgets of the entities involved. Article 6 details the endorsement of the President of the Council of Ministers, the Minister of Economy and Finance, the Minister of Culture, the Minister of Housing, Construction and Sanitation, and the Minister of Production.

Impact

The regulation opens a direct and non-competitive procurement channel for three public entities within a limited timeframe, which is of interest to providers of portable sanitation, equipment, security, and heavy machinery. For the residents and owners of Lambayeque, it enables the temporary use of private properties, but only with express authorization and an obligation of restitution; for the rest of the country, the measure goes unnoticed except for the budgetary exception linked to the El Niño Phenomenon.

Source: Official Gazette El Peruano, No. 19534, Tuesday, September 22, 2026, LEGAL NORMS, pp. 4-7 (official reference: 2556847-1).