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The Technical Secretariat of the Commission for the Elimination of Bureaucratic Barriers (CEB) of Indecopi decided to initiate an administrative sanction procedure (PAS) against the Lima Bar (CAL), for allegedly presented false information during the investigation.
The investigation in question was conducted by Indecopi on the processing fees for the incorporation procedure before the CAL.
As part of the research and supervision activities carried out by the CEB Technical Secretariat, the CAL has been asked to submit certain information concerning the new tariffs approved for the incorporation procedure into its order under the group modalities. and individual, for a growing amount. at S / 1,200.71 and S / 2055.70, respectively.
These amounts were disseminated via the CAL web portal through the document entitled "Incorporation Requirements 2018".
During the investigation phase, CAL responded to the request by presenting a cost structure supporting the processing fees indicated above, using the methodology defined by the Presidency of the Council of Ministers (PCM). ).
Following the analysis of the cost structure presented by the CAL, the CEB Technical Secretariat verified that this entity included, in the costs of the incorporation procedure prior to its order in both photography, filming, photo album and graduation video services.
However, INDECOPI indicated that, in practice, these services constitute an additional and independent payment of processing fees for incorporation under the CAL.
Consequently, the CEB Technical Secretariat carried out an inspection on the premises of the CAL to verify whether this entity included photography, filming, photo album and graduation video services in the concepts. d & # 39; incorporation. before your order.
As a result of this diligence, it was found that the CAL did not include the services referred to in the processing fees for the incorporation procedure prior to its order for any of its terms.
For this reason, the technical secretariat of the CEB decided to initiate an administrative sanction procedure against the CAL for alleged violation of Article 5 of the Powers, Rules and Regulations Act. and the organization of the Indecopi (Legislative Decree No. 807).
Indeed, there is sufficient evidence to suggest that the entity misrepresented the cost structure of the processing rights in the incorporation proceeding prior to its decision, which is relevant as part of the ongoing investigation. Regarding whether these tuition fees were determined based on the cost of providing the service.
"In such cases, the CEB may apply sanctions ranging from an ITU fine to 50 ITU (tax units)," said Indecopi.
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