Peru
Regulatory framework
Introduction
Peru also enjoys a regulatory framework for prevention in the fight against money laundering and financing of terrorism. Among the regulations to highlight we find the Legislative Decree N° 1249, Legislative Decree which dictates measures to strengthen the prevention, detection and sanction of money laundering and terrorism; as well as Legislative Decree Nº 1106, Legislative Decree for effective fight against money laundering and other crimes related to illegal mining and organised crime.
Financial Intelligence Unit
The Financial Intelligence Unit of Peru was conceived hand in hand with the Law 27693. This law has been modified over time, leading the Peruvian FIU to be organically incorporated into the Superintendency of Banking, Insurance and Private Pension Fund Administrators — SBS —.
Links of interest:
Obligated subjects
The legal regime of Peru regarding the prevention of money laundering and terrorist financing establishes certain individuals and entities as obligated subjects based on the economic activity they engage in.
Among these subjects, credit entities and banks stand out, as well as insurance companies, cryptocurrency trading portals, mining companies, and those dedicated to the trade of jewellery, metals and precious stones, as well as lawyers and public accountants.
Links of interest:
- https://www.sbs.gob.pe/Portals/5/jer/NORM_GEN_LAFT/Versi%C3%B3n_Concordada_Ley%2029038_01_2020.pdf
- https://www.sbs.gob.pe/Portals/5/jer/norm_gen_laft/files/Ley%20N%C2%BA%2027693%2C%20Ley%20que%20crea%20la%20Unidad%20de%20Inteligencia%20Financiera%20-%20Per%C3%BA%20(Versi%C3%B3n%20publicada%20en%20El%20Peruano).pdf
> PEPs
Introduction
The regulatory framework for politically exposed persons in Peru is provided by prevention laws and resolutions of Peru's Financial Intelligence Unit. In particular Law N° 27693 and its amending regulations, the Law N° 29038 and the SBS Resolution N° 4349-2016.
Links of interest:
- https://www.sbs.gob.pe/Portals/5/jer/NORM_GEN_LAFT/Version_Concordada_Ley%2027693_01_2020.pdf
- https://www.sbs.gob.pe/Portals/5/jer/NORM_GEN_LAFT/Versi%C3%B3n_Concordada_Ley%2029038_01_2020.pdf
- https://www.sbs.gob.pe/Portals/5/jer/list_interes/files/Resoluci%C3%B3n%20SBS%20N%C2%B0%204349-2016.pdf
- https://www.sbs.gob.pe/Portals/5/jer/list_interes/files/Anexo%20%E2%80%93%20Resoluci%C3%B3n%20SBS%20N%C2%B0%204349-2016.pdf
Definition of PEP
The Peruvian regulations define the following positions as politically exposed persons:
- The Head of State, the President of the Council of Ministers, the Ministers, Deputy Ministers, and General Secretaries of the Executive Power.
- The regional governors and mayors.
- The congressmen, parliament members or similar positions.
- The President of the Judiciary and the President of the Supreme Court of Justice; the supreme judges, superior judges, specialized or mixed judges.
- The Prosecutor of the Nation, the supreme prosecutors, deputy supreme prosecutors, superior prosecutors and provincial prosecutors.
- The high-ranking officers of the Armed Forces, such as the general commanders, as well as the general director of the National Police.
- The directors of companies with a majority state participation in the share capital.
- The members of collegiate bodies of public entities, public regulatory bodies, specialized supervisors, executors and constitutionally autonomous bodies.
- The ambassadors, consuls and plenipotentiary ministers.
- The officials and servers of the body in charge of contracts and acquisitions.
- The highest authority of the international organization in the execution of the policies and decisions of the board.
- The members of the governing bodies and the candidates for elections of political parties or electoral alliances.
Links of interest:
Duration of PEPs
When politically exposed persons have ceased to perform their functions, the obligated subjects will continue to apply the measures provided for this type of clients for a minimum period of five years
.Links of interest:
Included lists
PEPs
- Web Oficial del Parlamento de Perú
- Gobierno de Perú
- Web del Ministerio de Salud