Supreme Decree No. 020-2017-JUS - Regulations of Law 27693

El Peruano / Friday, October 6, 2017 LEGAL NORMS 11
Article 2.- The financial transfer authorized in Article 1 of this Ministerial Resolution shall be covered by Executive Unit 001 – MEM Central of Plan 016: Ministry of Energy and Mines, Meta 0051: Financial Transfers to UNDP (ETI), assigned to the General Directorate of Energy and Environmental Affairs, under the Source of Financing: 09 Directly Collected Resources, and Specific Expenditure Item 2.4.1.2.1.99.
Article 3.- Order the publication of this Resolution in the official newspaper El Peruano, as well as on the Institutional Portal of the Ministry of Energy and Mines.
Register, communicate, and publish.
CAYETANA ALJOVIN GAZZANI
Minister of Energy and Mines
1573478-1
JUSTICE AND HUMAN RIGHTS
Regulations of Law No. 27693, Law that creates the Financial Intelligence Unit - Peru (UIF - Peru) Supreme Decree No. 020-2017-jus THE PRESIDENT OF THE REPUBLIC CONSIDERING:
That, through Law No. 27693 and its modifying norms, the Financial Intelligence Unit - Peru (UIF-Peru) was created, responsible for receiving, analyzing, processing, evaluating, and transmitting information for the detection of money laundering and terrorist financing; which was incorporated into the Superintendence of Banking, Insurance and Private Pension Fund Administrators (SBS) as a specialized unit, as established by Law No. 29038, Law that incorporates UIF-Peru to the SBS; That, through Supreme Decree No. 018-2006-JUS, the Regulations of Law No. 27693 mentioned above were approved; That, likewise, through Legislative Decree No. 1249, Legislative Decree that adopts measures to strengthen the prevention, detection, and sanctioning of Money Laundering and Terrorism, the previously mentioned normative provisions are modified, and it is ordered through the Second Final Complementary Provision, that upon proposal of the SBS, the Executive Power, through a Supreme Decree countersigned by the Ministry of Justice and Human Rights and the Ministry of Economy and Finance, approves the Regulations of Law No. 27693 and its modifying norms; incorporating new obligated subjects upon proposal of the SBS, in accordance with numeral 3.4 of Article 3 of Law No. 29038; In accordance with what is established by subsection 8) of Article 118 of the Political Constitution of Peru, subsection e) of subsection 2) of Article 8 of Law No. 29158, Organic Law of the Executive Power, and Law No. 27693 and its modifying norms; DECREES:
Article 1.- Approval
The Regulations of Law No. 27693, Law that creates the Financial Intelligence Unit - Peru (UIF-Peru), consisting of forty-one (41) articles and four (4) final complementary provisions, are approved, the text of which forms an integral part of this Supreme Decree.
Article 2.- Incorporation of obligated subjects
Professional football clubs and the Central Public Purchases - Peru Compras are incorporated as obligated subjects, in accordance with what is provided in numeral 3.4 of Article 3 of Law No. 29038, which are subject to the obligations applicable to the regime of the System for the Prevention of Money Laundering and Terrorist Financing.
Article 3.- Submission of operation records by notaries
Notaries nationwide maintain the obligation to submit their operation records (OR) to UIF-Peru, as provided in the current sectoral regulation, as long as the Centralized Organ for the Prevention of Money Laundering and Terrorist Financing - OCP LA/FT does not provide UIF-Peru with online access to the centralized information database, as provided in the Regulations approved by Article 1.
Article 4.- Submission of suspicious transaction reports by the OCP LA/FT
Notaries nationwide maintain the obligation to communicate to UIF-Peru, through a suspicious transaction report (STR), the operations detected in the course of their activities, carried out or attempted, that are considered suspicious, as provided in these Regulations, as long as the Centralized Organ for the Prevention of Money Laundering and Terrorist Financing - OCP LA/FT is implemented and approval is obtained from the SBS, through UIF-Peru, regarding its adequate functioning. The deadline to complete the implementation of the OCP LA/FT is one hundred eighty (180) calendar days counted from the date of entry into force of the Regulations approved by Article 1, and the evaluation of its adequate functioning by the SBS, through UIF-Peru, must be carried out within a period of 2 years counted from the date of completion of its implementation.
Article 5.- Incorporation
Subsection d) is incorporated into Article 9 of the Regulations of the Fund of the Supervisory Council of Foundations, approved by Supreme Decree No. 04-94-JUS, in the following terms:
"Article 9.- The fines for non-compliance with the obligations provided in Title III of the Second Section of Book I of the Civil Code are the following:
(…) d) For failing to register in the National Administrative Registry of Foundations within 6 months after their constitution and/or registration in the Public Registries.
25% of the current UIT."
Article 6.- Repeal
Supreme Decree No. 018-2006-JUS, which approved the Regulations of Law No. 27693, Law that creates the Financial Intelligence Unit - Peru, UIF-Peru, is repealed, from the entry into force of this Supreme Decree.
Article 7.- Countersignature
This Supreme Decree is countersigned by the Minister of Justice and Human Rights and the Minister of Economy and Finance.
Article 8.- Dissemination
This Supreme Decree and the Regulations of Law No. 27693, Law that creates the Financial Intelligence Unit - Peru, UIF-Peru, approved by Article 1, are published on the Peruvian State Portal (www.peru.gob.pe) and on the Portal of the Ministry of Justice and Human Rights (www.minjus.gob.pe), on the same day of their publication in the Official Newspaper El Peruano. Given in the Government House, in Lima, on the fifth day of the month of October of the year two thousand seventeen. PEDRO PABLO KUCZYNSKI GODARD President of the Republic CLAUDIA MARÍA COOPER FORT Minister of Economy and Finance ENRIQUE JAVIER MENDOZA RAMÍREZ Minister of Justice and Human Rights

12 LEGAL NORMS Friday, October 6, 2017 / El Peruano REGULATIONS OF LAW NO. 27693, LAW THAT CREATES THE FINANCIAL INTELLIGENCE UNIT - PERU (UIF-PERU) TITLE I THE FINANCIAL INTELLIGENCE UNIT - PERU
CHAPTER I
GENERAL PROVISIONS
Article 1.- Object
The Regulations develop the provisions contained in the Law that creates the Financial Intelligence Unit – Peru, Law No. 27693 and its modifying norms, to strengthen the prevention, detection, and sanctioning of Money Laundering and Terrorist Financing.
Article 2.- Definitions
For the purposes of the Regulations, the following definitions and acronyms are considered, as appropriate:
a) Code: code of conduct for the prevention of ML/TF. b) Terrorist financing: crime typified in Article 4-A of Legislative Decree No. 25475, Legislative Decree that establishes the penalty for the crimes of terrorism and the procedures for investigation, instruction, and trial, and its modifying norms; as well as Article 297, last paragraph, of the Penal Code and its modifications. c) Money laundering: crime typified in Legislative Decree No. 1106, Legislative Decree for effective fight against money laundering and other crimes related to illegal mining and organized crime, and its modifying norms. d) ML/TF: money laundering and terrorist financing. e) Law: Law No. 27693, Law that creates the Financial Intelligence Unit of Peru and its modifying and complementary norms. f) Manual: Manual for the prevention of ML/TF. g) Sectoral norms: are the ML/TF prevention norms issued by the SBS for all obligated subjects and those issued by the SMV for obligated subjects under the scope of its supervision in coordination with the SBS. h) Regulations: Regulations of the Law that creates UIF-Peru. i) ML/TF Risks: possibility that the obligated subject is used for ML/TF purposes. It does not include reputational risk and operational risk. j) Online Suspicious Transaction Reporting System (ROSEL): is a technological tool developed by the SBS to allow, in accordance with current regulations, obligated subjects to send suspicious transaction reports (STR) to UIF-Peru by electronic means, under standards that ensure that the information is transmitted with an adequate level of security. k) SBS: Superintendence of Banking, Insurance and Private Pension Fund Administrators. l) SMV: Superintendence of the Securities Market. m) SPLAFT: System for the prevention of money laundering and terrorist financing. n) Obligated subject: public entity, legal person, or natural person obligated to inform UIF-Peru, indicated in Article 3 of Law No. 29038, which includes branches in Peru of foreign legal persons that are obligated subjects. o) Worker: natural person who maintains an employment or contractual link with the obligated subject; includes the general manager, managers, administrators, or those who hold similar positions. p) UIF-Peru: Financial Intelligence Unit of Peru, specialized unit of the SBS.
CHAPTER II
FUNCTIONS AND POWERS OF UIF-PERU
SUBCHAPTER I
GENERAL ASPECTS
Article 3.- Powers of UIF-Peru
UIF–Peru is a specialized unit of the SBS that, within the framework of what is established in the Law, has the following powers:
a. Comply with and enforce the provisions established by the Law and the Regulations. b. Receive, analyze, investigate, process, evaluate, and transmit financial intelligence information, for the detection of ML/TF.
c. Establish and coordinate the regulation on the requirements applicable to the SPLAFT and to obligated subjects in matters of ML/TF prevention, infractions, and sanctions in case of non-compliance, among other aspects in accordance with what is provided in the Law and the Regulations. The coordination work is carried out with the supervisory bodies, to the satisfaction of UIF-Peru.
d. Assist in the implementation of the ML/TF prevention system by obligated subjects. e. Act as contact for the exchange of information at the international level in the prevention and fight against ML/TF. f. Lead the National System for the Prevention of Money Laundering and Terrorist Financing; participating in the elaboration of the National Plan to Fight Money Laundering and Terrorist Financing. g. Other powers established in the Law and these Regulations.
Article 4.- Obligation to inform UIF-Peru
4.1 Obligated subjects, any public entity, legal person, or natural person, are obligated to promptly attend to the information requests made by UIF-Peru for the fulfillment of its functions, including access to records, banks, or databases it has, except for information that falls within the limitations established in the Political Constitution of Peru, guaranteeing its accuracy and truthfulness, considering what is provided in the regulatory norms issued by the SBS.
4.2 The SBS may celebrate cooperation agreements with said institutions, when appropriate, in order to establish the conditions and procedures under which the delivery of the requested information will be carried out.
4.3 No objection may be raised before UIF-Peru regarding any matter of personal data protection, nor may the delivery of information requested be denied, in accordance with what is provided by numeral 2 of the second paragraph of Article 3 of Law No. 29733, Law on Personal Data Protection, and subsection 5 of Article 17 of the Single Text of the Law No. 27806, Law on Transparency and Access to Public Information, or the norms that complement or replace them.
4.4 Obligated subjects, public entities, legal persons, or natural persons that submit the information requested by UIF-Peru must maintain the confidentiality of the information supplied to UIF-Peru, under responsibility.
Article 5.- Financial Intelligence Communications
5.1 UIF-Peru, in fulfillment of its functions and powers, issues financial intelligence communications that are sent to competent authorities and/or foreign homologous or analogous entities.
If the information contained in the financial intelligence communications is related to national security, it must be communicated simultaneously to the Public Ministry and to the National Intelligence Directorate – DINI.
5.2 The financial intelligence communications issued by UIF-Peru may be:
5.2.1 National financial intelligence communications:
a) Financial Intelligence Report (FIR): a financial intelligence document, of a confidential and reserved nature, issued by UIF-Peru after the analysis and investigation of the STRs received from obligated subjects and/or the information contained in the SBS databases, in which it concludes that the case or cases subject to analysis and investigation are presumed linked to money laundering activities, their predicate crimes, or terrorist financing. It has no probative value and cannot be used as an indicative element or means of proof in any investigation or judicial, administrative, and/or disciplinary process, except for the annexes that support it, provided that there is express authorization from UIF-Peru for its total or partial use. b) Financial Intelligence Note (FIN): a financial intelligence document of a confidential and reserved nature, issued by UIF-Peru in response to an information request made by the Public Ministry, Investigative Commission of the Congress of the Republic of Peru, or another competent authority, provided that there is an investigation for money laundering, or terrorist financing. The FIN contains a synthesis of the intelligence information contained in the STRs received regarding the consulted persons, in response to a national information request or technical assistance. It has no probative value and cannot be used as an indicative element or means of proof in any investigation or judicial, administrative, and/or disciplinary process. c) UIF Report (R-UIF): document issued by UIF-Peru, based on the information contained in one or more FIRs, at the request of the prosecutor in charge of the investigation for money laundering, its predicate crimes, or terrorist financing and on that information contained in the report that it considers relevant within its investigation. It has probative value and is considered as an indicative element or means of proof of the commission of the alleged crime of money laundering, its predicate crimes, or terrorist financing, provided that there is a prosecutor's decision or disposition to that effect, otherwise said document will have the treatment of the FIR. The R-UIF contains, if applicable and only when appropriate, all or some of the following situations:
a) verifiable information of financial or tax operations; b) Verifiable information of movable and immovable assets; c) Verifiable information of foreign trade operations; d) Verifiable information of commercial operations; e) others determined by UIF-Peru. It will only contain financial intelligence information from foreign government agencies or other agencies, provided that there is express authorization for its dissemination. For the issuance of the R-UIF, the officials in charge must comply with all mechanisms and procedures established by UIF-Peru, to guarantee the confidentiality and reservation of the identity of compliance officers, and of foreign homologous and analogous informant agencies, if applicable. d) Accreditation Report (AR): Document issued by UIF-Peru, with the result of the analysis carried out on the documentation presented by the intervened person upon entry or exit from the country, to whom cash money or bearer financial instruments had been withheld.
5.2.2 International financial intelligence communications:
a) Response of Information from Abroad (RIE): transmission of confidential information between agencies, on the occasion of a request for information from abroad of foreign homologous or analogous entities in observance of what is provided by current national legislation, the principles and best practices that govern the exchange of information between the UIFs of the Egmont Group and/or what is stipulated by the corresponding Memoranda of Understanding (MOU), if applicable. b) Request for Information to Abroad (SIEX): confidential information request formulated by UIF-Peru to foreign homologous or analogous entities, in observance of what is provided by current national legislation, the principles and best practices that govern the exchange of information between the UIFs of the Egmont Group and/or what is stipulated by the corresponding MOUs, if applicable. c) Spontaneous Communication to Abroad (CEAX): transmission of confidential information between agencies, without prior request from the foreign receiving entity. This must observe current national legislation, the principles and best practices that govern the exchange of information between the UIFs of the Egmont Group and/or what is stipulated by the corresponding MOUs, if applicable.
5.3 Others that are determined by resolution issued by the SBS.
Article 6.- Body of Informant Experts of UIF-Peru
6.1 The workers of UIF-Peru who issue the R-UIFs constitute the body of informant experts referred to in subsection 10-A.7 of Article 10 of the Law; and, they have the obligation to substantiate them in the judicial route, if applicable, provided that they have been assumed as an indicative element or means of proof by the Prosecutor.
6.2 UIF-Peru, attending to the circumstances of the case, may designate an official other than the one who prepared the R-UIF for the respective substantiation in the judicial route.
SUBCHAPTER II
ACCESS TO BANKING SECRECY AND TAX CONFIDENTIALITY WITH JUDICIAL AUTHORIZATION
Article 7.- Access to banking secrecy and tax confidentiality with judicial authorization
7.1 The power of UIF-Peru to request the competent Criminal Judge to access banking secrecy and tax confidentiality is exercised ex officio, prior to evaluation, within the framework of its ongoing investigations.
7.2 Financial entities and/or the Tax Administration, as appropriate, after the judicial decision is issued, must directly send the requested information to UIF-Peru.
7.3 The investigation carried out by UIF-Peru concludes with a Financial Intelligence Report - FIR and its respective report, if applicable, so that once the FIR is issued, UIF-Peru cannot request the judicial authority to access banking secrecy and tax confidentiality, within the framework of the investigated case.
7.4 The requested entity cannot refuse to initiate commercial relations or to carry out the operation, nor can it terminate the commercial relationship initiated with the person upon whom the request falls, solely due to the lifting of banking secrecy and/or tax confidentiality by the judicial authority; it must in any case evaluate the possibility of making a suspicious transaction report (STR) regarding the person upon whom the request falls.
SUBCHAPTER III
NATIONAL ADMINISTRATIVE FREEZING OF FUNDS OR OTHER ASSETS
Article 8.- National administrative freezing of funds or other assets
8.1 The national administrative freezing of funds or other assets is a preventive measure, ordered by UIF-Peru as a result of the analysis of a case that during its validity prohibits the withdrawal, transfer, use, conversion, disposal, or movement of funds or other assets that are presumed to be linked to ML/TF.
8.2 UIF-Peru may order the freezing of funds or other assets on its own initiative or when, after analyzing the request made by the Public Ministry, it considers it appropriate.
8.3 Obligated subjects and, when appropriate, public or private entities that receive the order to freeze funds or other assets, are prohibited from communicating said order to the affected natural or legal persons, under responsibility.
8.4 The national administrative freezing of funds or other assets ordered by UIF-Peru does not generate the loss of the right of ownership over the affected funds or other assets, and remains in effect until it is revoked by decision of the Judicial Power.

14 LEGAL NORMS Friday, October 6, 2017 / El Peruano
8.5 The SBS may establish, through regulatory norms, the applicable procedures that are necessary regarding these measures.
Article 9.- Grounds for Proceeding
The national administrative freezing of funds or other assets, given its preventive nature, may be ordered by UIF-Peru, when the circumstances established in subsection 11 of Article 3 of the Law are configured concurrently. The term investigation referred to in the cited subsection comprises an ongoing investigation at UIF-Peru and/or an ongoing preliminary or preparatory investigation at the prosecutor's level for ML/TF.
Article 10.- Execution and Judicial Control
10.1 UIF-Peru, once it orders the national administrative freezing of funds or other assets, immediately communicates the adopted measure to the obligated subjects, as well as to public and/or private entities that have the funds or assets in their possession, who must inform UIF-Peru about their execution within the period of twenty-four (24) hours of receiving the communication.
10.2 UIF-Peru must bring the administrative freezing measure to the knowledge of the Judge, attaching the corresponding support, within the period of twenty-four (24) hours counted from when the measure has been ordered.
10.3 The Judge decides on the validation or revocation of the administrative freezing measure ordered by UIF-Peru, taking into account the support presented by UIF-Peru and, if applicable, by the Public Ministry.
10.4 The judicial resolution that orders the validation of the national administrative freezing measure must allow the Public Ministry to request or exercise the conventional measures established in the current penal legislation to secure the funds or assets subject to administrative freezing and prevent them from being placed beyond the reach of justice.
10.5 The revocation of the freezing must be notified to

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