Countries › Peru › Guide › 12. Sectors › Shipping and aviation in Peru: cabotage open to foreign carriers since 2024, and the 51 percent Peruvian ownership rule for domestic airlines

Shipping and aviation in Peru: cabotage open to foreign carriers since 2024, and the 51 percent Peruvian ownership rule for domestic airlines

Last verified: 2026-10-28 · Status: Stable

Since Ley 32049 of June 2024, maritime cabotage of passengers and cargo between Peruvian ports may be carried out by individuals or companies incorporated in Peru or abroad, with national or foreign capital, free of the nationality rules of the merchant marine law. Voyages between Peruvian ports that start or end in a foreign port count as international traffic, not cabotage. Domestic commercial aviation remains reserved to Peruvian persons: a Peruvian airline needs its main domicile in Peru, a majority of Peruvian or Peru domiciled directors and managers, and at least 51 percent Peruvian ownership, although foreign capital may rise to 70 percent six months after the operating permit takes effect.

USD figures use S/ 3.452 per US dollar, the banking system selling rate published by the Superintendencia de Banca, Seguros y AFP for 27 October 2026, from the Banco Central de Reserva del Perú statistics series PD04640PD. UIT based amounts use the 2026 UIT of S/ 5,500 set by Decreto Supremo Nº 301-2025-EF, as cited in SUNAT Resolución de Superintendencia Nº 000016-2026/SUNAT. Conversions are for orientation only.

Key facts

Foreign companies and capital allowed in maritime cabotage	yes DL 1413 art. 4 as amended by Ley 32049, as of 2026-10-28 · in force
Minimum Peruvian ownership of domestic airlines at start	51 %Ley 27261 art. 79.2 c), as of 2026-10-28 · in force
Maximum foreign ownership of domestic airlines six months after the operating permit	70 %DS 050-2001-MTC art. 160, as of 2026-10-28 · in force

The rule

1. Maritime cabotage of passengers and cargo may be carried out by an individual or a legal person incorporated in Peru or abroad, with share capital of national or foreign origin, and is exempted from article 4 numeral 1, articles 7.1 to 7.3, article 13.6 and the second transitory and final provision of Ley 28583, the merchant marine reactivation law. The Ministry of Transport and Communications may run temporary supervised innovation programmes to promote cargo consolidation and logistics for cabotage.
Cost to do it: No access fee is set by the law; vessel, port and safety requirements apply under the regulation (DS 029-2019-MTC, to be adapted).
Example: A Chilean shipping line can carry containers from Callao to Paita without first incorporating a Peruvian shipowning company or bringing in Peruvian capital. / Mining and agribusiness shippers can tender domestic coastal freight to international carriers, widening competition on Callao to northern and southern port routes.Decreto Legislativo Nº 1413, art. 4 as amended by Ley Nº 32049 (El Peruano 6 June 2024), Art. 4 (DL 1413); art. 1 and 2 (Ley 32049), 2024-06-06 official text · verified 2026-10-28 · changed: Ley 32049 replaced DL 1413 art. 4, removing the remaining nationality conditions of Ley 28583 for cabotage.

2. For applying DL 1413, cabotage is the carriage of cargo or passengers of national origin to a national destination through ports of the Republic. Carriage between national ports whose origin or final destination is a foreign port is international maritime traffic, not cabotage.
Cost to do it: No fee.
Example: Cargo loaded in Shanghai, called at Callao and discharged in Paita is international traffic on the Callao to Paita leg. / Customs and port treatment differs: transhipment legs of an international voyage are not cabotage.Ley Nº 32049 (El Peruano 6 June 2024), Art. 3, 2024-06-06 official text · verified 2026-10-28

3. National commercial aviation is reserved for Peruvian individuals and legal persons. A legal person is Peruvian if it has its main domicile in Peru; at least half plus one of its directors, managers and persons in charge of control and management are Peruvian nationals or permanently domiciled in Peru; and its ownership is substantially national, with at least 51 percent of the share capital owned by, and under the real and effective control of, Peruvian shareholders or partners with permanent domicile in Peru. The regulation sets how long this limit lasts.
Cost to do it: No fee in the law; the operating permit procedure has its own fees in the MTC procedures text, not verified here.
Example: A new domestic airline capitalised at S/ 34,520,000 must have at least S/ 17,605,200 owned by Peruvian shareholders at the start. / Of about US$10,000,000 of capital, about US$5,100,000 must start in Peruvian hands.Ley Nº 27261, Ley de Aeronáutica Civil del Perú (published 10 May 2000), Art. 79, 2000-05-10 official text · verified 2026-10-28

4. The Peruvian ownership percentage in art. 79.2 c) of the law must be kept for six months from the date the operating permit takes effect; after that, foreign ownership of the share capital may be up to 70 percent.
Cost to do it: No fee.
Example: Six months after its permit takes effect, the same airline can let foreign investors hold up to 70 percent, S/ 24,164,000 of S/ 34,520,000 of capital. / Foreign investors can reach about US$7,000,000 of about US$10,000,000 after six months, while board and management majority rules still apply.Reglamento de la Ley de Aeronáutica Civil, Decreto Supremo Nº 050-2001-MTC (El Peruano 26 December 2001), Art. 160, 2001-12-26 official text · verified 2026-10-28

Worked example

A foreign airline group sets up a Peruvian carrier with S/ 34,520,000 (about US$10,000,000) of capital: at least 51 percent Peruvian owned at launch, with a majority of Peruvian or Peru domiciled directors and managers; six months after its permit takes effect the foreign group may raise its stake to 70 percent. The same group's cargo arm can carry coastal freight between Peruvian ports under the 2024 cabotage rules without a Peruvian company.

Step by step

For cabotage, check the adapted regulation of DL 1413 (DS 029-2019-MTC) for vessel and safety requirements before quoting domestic routes.
Classify each voyage: national origin and destination is cabotage; legs of an international voyage are not (Ley 32049 art. 3).
For a domestic airline, structure the company with a Peruvian domicile, a Peruvian or domiciled majority on the board and management, and 51 percent Peruvian capital at launch (Ley 27261 art. 79).
Plan any increase of foreign capital to 70 percent only after six months from the operating permit (DS 050-2001-MTC art. 160).

Common traps

The 70 percent foreign ceiling for airlines is a cap, not an exemption: the board and management majority rule of art. 79.2 b) still applies.
The aviation law and regulation copies cited are the original publications; check amendments before closing a transaction.
Cabotage freedom covers maritime cabotage under DL 1413; river and lake transport rules were not reviewed here.

Sources

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