Comptroller detects irregularities in Chancay port contract, seeks criminal action

Peru's Comptroller General's Office has identified significant irregularities and non-compliance in the processes surrounding the Chancay port contract, its investment addenda, port license, and environmental oversight. The audit highlights deficiencies by key authorities, including the Ministry of Transport and Communications (MTC), the National Port Authority (APN), and Proinversión (the Private Investment Promotion Agency).

Specifically, Proinversión is accused of validating and executing the investment contract with Terminales Portuarios Chancay (now Cosco Shipping Ports Chancay Perú) representatives who allegedly lacked the proper legal authority. Despite this, Proinversión proceeded, submitting the contract to the MTC. The MTC not only signed the contract but also approved five addenda totaling US$789.6 million in investments. This resulted in Cosco Shipping receiving IGV (value-added tax) recovery benefits of S/527,797,756, to the detriment of the state, according to the Comptroller's compliance report.

The audit further details issues with the APN. In 2021, APN officials granted Cosco Shipping the port habilitation for the New Stage 1 of the multipurpose port terminal. In 2024, a second modification was approved, even though the investor submitted technical documentation that did not align with the current environmental certification regarding the tunnel's alignment. The APN also failed to enforce environmental protection measures, such as the Geotube System, during construction. During site inspections, APN officials did not compel the investor to adopt necessary measures when the tunnel's execution deviated from the agreed-upon alignment, allowing construction and operation to proceed without full compliance.