Chancay Port does not operate under a state concession contract, unlike the Callao terminals (operated by APM Terminals and DP World under concession). Chancay was built entirely on privately acquired land, without the state handing over pre-existing public infrastructure or assets, as happens under a classic concession scheme.
Why this distinction is controversial
OSITRAN, Peru's transport infrastructure regulator, argues that even though the investment is private, the port is for public use and occupies 180 hectares of Peruvian sea — a national resource — so it should be subject to consumer-protection rules. COSCO Shipping, on the other hand, argues that as a 100% private investment (not a state concession), it should not fall under OSITRAN's oversight.
What this means in practice
- The port has not, in principle, faced restrictions on setting its own service prices, unlike Callao operators.
- The legal debate over whether OSITRAN can regulate Chancay remains open as of 2026, with the regulator advancing its process following an Indecopi report on non-competitive conditions.
- This dispute directly affects how port tariffs get defined.
Frequently asked questions
- Is Chancay Port a state concession?
- No, it is a private investment built on privately acquired land, without any transfer of state assets.
- Why is there a debate over OSITRAN regulating it?
- Because OSITRAN considers that using Peruvian sea (a public resource) for a public-use port should trigger consumer-protection rules, even if the investment is private.
- Does this mean the port has no regulation at all?
- Not necessarily — the debate is about which kind of regulation applies and who enforces it, not whether any rules apply.
Source: Canal N / Gestión