Client Requirement: The aquaculture business need several permits and authorizations. One of those requirements is the License to Use Water to be granted by The Water National Authority (ANA). Unfortunately, the granting of all these licenses, permits and authorizations takes several months or years. In the real life, most aquaculture companies start its
Operations before getting all those requirements. In one of its operations, our client started activities without the License to Use Water and the ANA initiated a Sanctioning Administrative Procedure. The client asked us to provide legal advice.
Our participation: In order to support our client’s perspective (i.e. that the governmental agencies take unreasonable amount of time that prejudice private business to develop) we studied the case considering the context in the most comprehensive manner and find out that the Ministry of Agriculture (ANA is related to the Ministry of Agriculture) recognized that 93% of aquaculture in Peru is developed without the corresponding License to use Water. Based on this fact, the Ministry of Agriculture ordered ANA to perform a campaign of formalization.
We responded the process initiated by ANA arguing that ANA should proceed with formalization instead of looking for the ones that do not count with License to Use Water. The sanctioning procedure is itself a contradiction to the mandate of performing a campaign of formalization.
Client benefit: Client has not received yet a final decision, but we are confident on a great result considering the unbeatable grounds of our legal reasoning.
