The document substitutes the previous rules adopted in 2021 that were rather rigorous and allowed accepting the gifts only of the lowest value in protocol events: pens, markers, pencil holders, mouse pads and corporate products of symbolic and functional value.

The new Directive that had been considered and adopted in less than a day maintains the general prohibition of gift acceptance by the employees of the Presidential Executive Office regardless of the status of their employment, including public servants, military servants and police employees, seconded employees, highly qualified specialists and interns.

Specifically, article eight of the Directive establishes that the employees of the Presidential Executive Office are prohibited from:

• Requesting, receiving and accepting, either directly or indirectly, gifts, donations, hospitality or similar benefits for themselves or for the third parties if their offering or provision is related to their role, functions or activities and creates a conflict of interest;
• Requesting, receiving and accepting, either directly or indirectly, gifts, donations, hospitality or similar benefits for themselves or for the third parties with the aim to make the decisions or exercise influence on the decisions of the public administration, creating any advantages, differences in treatment, expectations, possibility of influence or omission of direct or indirect duties in recruiting providers or serving the subordinates;
• Undertaking any activity that hampers or limits the correct, independent or objective exercise of one’s duties;
• Offering or providing, either directly or indirectly, gifts, donations, hospitality or similar advantages to other employees of the Presidential Executive Office or other public body with the aim to influence their decisions or the exercise of their duties.

At the same time, article 11 of the Directive introduces multiple exceptions allowing gift-giving with no value limits.

These exceptions include:

• Donations from rural communities, local and regional authorities, as well as national and international not-for-profit organizations or entities, also in case of participation in official events;
• Gifts, the offering and/or acceptance of which is not related to the status or exercise of their functions of an official;
• Gifts offered and/or accepted in a protocol event even if related to the exercise of their duties.

In particular, the Directive permits the gifts, donations, hospitality or other similar benefits:

• Related to the expression of condolences (wreaths and/or crapes, flower arrangements etc.);
• Related to the expression of congratulations on an anniversary or important event (flower arrangements, memorial plaques, greeting cards etc.)
• Received from relatives, friends or colleagues on the occasion of a birthday, anniversary, personal, academic or professional achievements, conferences, memorable dates etc.

Additionally, the ban does not cover anymore the advertising materials (merchandizing, almanacs and the like of a similar origin), gifts given by another public body in events or in the framework of activities in which the official participates, books, reviews, publications, bibliographical or audiovisual materials etc. for the body and/or the servant in his/her personal capacity.

The Directive also permits the coverage of the expenses associated with the participation, travel and accommodation of the employees of the Executive Office who attend, on its behalf, conferences, trainings or academic or working events convened by national or international organizations.

The adoption of the Directive provoked an important reaction in the media and civil society. The wide scope and unclear character of the exceptions from prohibitions, creating loopholes for the acceptance of expensive gifts, is the main target of criticism.

Specifically, the language of article 11 admits the acceptance of the gifts offered in «protocol events» or those that «are not related to the functions of the official» with no precise criteria for how and by whom these circumstances will be established. This legal uncertainty creates the conditions for abuse and free interpretation.

Moreover, the exception for the gifts offered on different «personal occasions» and the gifts from «relatives, friends or colleagues» can in practice allow officials to accept jewelry, watches, luxury products or personal donations with no certain legal restrictions if it is justified as an «emotional» or a «cultural» act.

The provisions admitting the coverage of expenses on travels, accommodation and participation in events create the risks of hidden lobbying, allowing entities, regional authorities, companies and even private individuals finance the trips of the President and employees of her Executive Office with no need for public tenders or detailed reporting, limits on the expenses and reflection of the information in any public register.

In the context of corruption scandals, including the one related to President Dina Boluarte’s luxury watch*, the Directive was seen by society as backsliding from transparency and accountability previously promoted by public institutions. Cesar Sandoval, Minister of Transport, trying to justify the adopted act, insisted that «it did not have anything hidden», whereas the haste with which it was adopted and the lack of public discussion did nothing by increased the suspicions.

*In March-April 2024, President Dina Boluarte was the target of the corruption investigation known as «Rolexgate». At that time, La Encerrona news outlet released a number of photos showing Ms Boluarte systematically wearing expensive watches the total value of which was considerably higher than her official wage. All in all, she was noticed wearing 17 different watches, including three Rolex. There was Rolex Reloj 12 among the pieces identified an estimated value of which is roughly USD 26,000.

An investigation into Ms Boluarte accused of illicit enrichment and concealment of assets was launched. In particular, at night of 30 March the police and representatives of the prosecution service broke into her residence (judging by the television footage, they broke the door by an iron bar) to undertake searches and then proceeded with the searches in the building of Ms Boluarte’s Executive Office. Ms Boluarte rejected every accusation, stating that the watches were «old» and either had belonged to her before or had been given or provided for use to her by her acquaintance, the governor of Ayacucho (although he categorically denied the fact that he had given them to the President).

The day after the searches a prosecutor said that the watches they had searched for had not been found, but «other materials of interest to the investigation had been obtained». In particular, undeclared jewelry, including a Cartier bracelet of the value of over USD 54,000, and bank deposits amounting to roughly USD 270,000 became the target of the investigation.

As a result of the scandal, six out of 18 ministers of the government announced their resignation on 1 April, whereas Ms Boluarte was subject to two requests of impeachment (however, they were declined). The President is still under investigation, but cannot be convicted until the end of her term, i.e. until July 2026, in accordance with Peru’s Constitution.