Legislation Tracker

Peru has not introduced a new measure specifically designed to incentivise contributions to the Cali Fund. However, its existing national ABS framework already covers DSI providing a domestic basis for benefit-sharing from the utilisation of genetic resources, including DSI.

Peru is currently identifying circumstances in which the Multilateral Mechanism should apply, particularly where the origin of the genetic resource underlying DSI is unknown or where the DSI derives from genetic resources shared by two or more countries. Under Peru's existing ABS framework, users of genetic resources and associated DSI are subject to benefit-sharing obligations. For commercial use, these may include monetary and non-monetary benefits, with annual royalties of at least 1% of net sales of marketed intermediate or final products, although royalty payments may be offset against investments.

Peru has also identified a potential institutional arrangement for receiving Cali Fund allocations. PROFONANPE, a national environmental fund with experience managing international climate and biodiversity finance, could potentially fulfil this role. However, because its existing mandate is primarily focused on donations and project-based funding, regulatory adjustments may be required to enable it to receive and administer direct allocations from the Cali Fund.

March 2026 - Ministry of Environment (MINAM) and the British Embassy held a 'Business dialogue on the Cali Fund' with the private sector; the Vice-Minister described the Fund as an important global innovation.

4 August 2026, SBI-7 plenary - Peru described the Mechanism and the Cali Fund as complementary, and benefit-sharing from DSI as a substantive obligation and pillar of the Convention, not an option (ENB).

July 2026 - David Castro Garro of Peru's Ministry of Environment: 'Donations and royalties are completely different things' (Dialogue Earth).

Andean Community Decision 391 (1996); Supreme Decree No. 003-2009-MINAM approving the Regulation on Access to Genetic Resources, the country's principal ABS instrument; Law 26839 on the conservation and sustainable use of biological diversity; Law 27811 establishing the protection regime for the collective knowledge of Indigenous peoples; Law 28216 creating the National Anti-Biopiracy Commission; Supreme Decrees 018-2015 and 019-2015-MINAGRI on forest and wildlife management; Andean Decision 486 for patent disclosure.

Peru's ABS regime defines genetic resources to include genetic information contained in organisms, including digitally stored or generated sequences, so DSI use triggers benefit-sharing. Non-commercial users must identify at least three non-monetary benefits, two of them mandatory; commercial access contracts must include monetary benefits, with annual royalties of at least 1% of net sales of marketed products (which may be offset by investments). The National Anti-Biopiracy Commission monitors patents and the misappropriation of Peruvian resources.