Lima, April 13, 2009

Matter: Request for Public Information

Reference :Registration Nº 1151701
Position Nº 476-2009-MEM-AMM (Nº de Bureau of Parties 1156326)

Position Nº 420 -2009-OS-OAF

Mr.
Conrado A. Olivera Alcocer
Executive Director
Joining Hands Network Perú
Jr. José María Plaza 155
Jesús María District
Lima.-

I am pleased to address you, in relation to the referred to documents, through which information is requested regarding the measures that OSINERGMIN has implemented in order to ensure that the mining company Doe Run Peru complies with the Adequacy and Environmental Management Program (PAMA) in the case of the La Oroya Metallurgical Complex (hereinafter CMLO), regarding the actions that this company has executed to date in order to comply with the mentioned environmental instrument, which would be unresolved, and about the degree of compliance with the obligations that arise from the Ministerial Resolution 257-2006-MEM/DM. Also, information is requested with regards to the Trust Fund and the Charter Guarantee.

In this respect, the following is stated:

1. In relation to PAMA: measures implemented by OSINERGMIN, level of compliance on the part of Doe Run Perú S.R.L., and degree of compliance with established obligations in the Ministerial Resolution 257-2006-MEM/DM

OSINERGMIN initiated in September 2007, the permanent supervision CMLO, through the supervisory company D&E Development y Ecology S.A.C. In preliminary trial with the end task of verifying compliance of the established goals and objectives in the report 118-2006-MEM-AAM/AA/RC/FV/AL/HS/PR/AV/FQ/CC, that supported the approval of the extension of the PAMA CLMO, the results indicated the existence of non-compliance to the maximum permissible limits and standards for environmental quality, and therefore a fine was imposed on Doe Run Peru SRL through Resolution of General Manager No. 002172 on March 5, 2009.

Also, as part of the second phase of the ongoing monitoring, implementation of commitments related to the sulfuric acid plant in the 1º lead circuit were verified on October 7, 2008, immediately after the expiration of the PAMA period. The results indicate that this plant was installed, despite working intermittently. The noncompliance was detected by position No. 964-2008-OS-GFM, from October 21, 2008, and according to article 11º of Supreme Decree N º 046-2004-EM, they were given three months to comply.

On the other hand it should be noted that OSINERGMIN, in order to carry out the monitoring, established an office in La Oroya where two business professionals from the supervisory company, D&E Development and Ecology SAC, are working full time.

Additionally, starting April 2008, the Management of Mining Control, through two professionals, is conducting on going oversight of the CMLO with monthly evaluations to verify compliance with the extended PAMA commitments. The results of these surveys are published on our website at: http://www.osinerg.gob.pe/newweb/pages/GFM/1526.htm.

As stated by the Mining Management Control, there are available copies of the General Management Resolution No. 002172 from the Office No. 964-2008-OS-GFM as well as monitoring reports for the months of January and March 2009, they may also be obtained from the Bureau of Parties at OSINERGMIN prior to paying S /. 2.21 for the copyright as set by the TUPA institution.

2. In relation to the Trust Fund and Charter Guarantee:

In this regard, as reported by the Mining Management Control, we must note that, to date, OSINERGMIN holds no authority over the information regarding the Trust Fund and the Charter Guarantee, hence your request for access to public information cannot be attended to at this time, in accordance with the provisions of Article 13 of the Law of Transparency and Access to Public Information.

Notwithstanding the above mentioned, we should point out that it was the Ministry of Energy and Mines that was involved in the subscription of the Trust, through the Directorate General of Mines, as stated in paragraph 7.7 of Article 7 of the Supreme Decree N º 046-2004-EM. Additionally, we must clarify that it is this entity which is the beneficiary of the bank bond produced by Doe Run Peru SRL in support of the field obligations of PAMA, as set forth in Article 8 of the Act and therefore corresponds to the said entity to respond to the request for information made in instance.


Sincerely,

María Luisa Sabogal Seminario
Manager of the Administration and Finance office.