Lima, 4 November 2022

S.B.S. Resolution No. 3348-2022

The Superintendent of Banking, Insurance and
Private Pension Fund Administrators

WHEREAS:

That, by SBS Resolution No. 1132-2015, the Regulation governing the procedure for processing requests for the lifting of bank secrecy filed, among others, by the Superintendent of Banking, Insurance and Private Pension Fund Administrators in the exercise of its functions was approved; applicable to regulated and/or supervised companies that take in public funds, established in subsection A of article 16 of the General Law of the Financial System and the Insurance System and Organic Law of the Superintendency of Banking and Insurance, Law No. 26702 and its amendments, to the Banco de la Nación and to savings and credit cooperatives not authorized to operate with public funds;

That, by SBS Resolution No. 4353-2017, the Regulation governing the form and conditions under which companies had to provide to the UIF-Perú the information protected by bank secrecy and/or tax reserve, through certain formats and channels, was approved;

That, subsequently, by Law No. 31507, Constitutional Reform Law that strengthens the Fight against Corruption within the framework of the Lifting of Bank Secrecy and Tax Reserve, published on 3 July 2022, article 2, paragraph 5 of the Political Constitution of Peru is amended, providing that the Superintendent of Banking, Insurance and Private Pension Fund Administrators may, by reasoned decision, request information protected by bank secrecy and tax reserve for the specific purposes of financial intelligence;

That, in accordance with the final provisions of the aforementioned Regulation governing the procedure for processing requests for the lifting of bank secrecy, on automation and formats, it is necessary to establish the corresponding provisions regarding the form and conditions under which the content of the information protected by bank secrecy must be provided by the companies of the financial system, as well as the channels and guidelines for its submission in the case of requests related to financial intelligence purposes;

SUPERINTENDENCY OF BANKING, INSURANCE AND AFP
Republic of Peru

With the approval of the Financial Intelligence Unit of Peru, the Deputy Superintendency of Banking and Microfinance and the Deputy Superintendency of Legal Advisory;

In use of the powers conferred by Law No. 26702 and its amending regulations and in accordance with the exception conditions set forth in numeral 3.2 of article 14 of Supreme Decree No. 001-2009-JUS and its amending regulations;

RESOLVES:

Article One. - Amend subsection e) of article 3 and include article 8 in the Regulation governing the procedure for processing requests for the lifting of bank secrecy, approved by SBS Resolution No. 1132-2015, in accordance with the following text:

"Article 3.- Definitions

e) Competent authorities: the authorities included in article 143 of the General Law, such as the Attorney General of the Nation; the Attorney General of the Nation or the government of a country with which an agreement has been concluded to combat, suppress and punish illicit drug trafficking, terrorism or money laundering; the judges and courts of the Judicial Branch and the President of an Investigative Commission of the Legislative Branch, with the agreement of the Commission concerned and in relation to facts that compromise the public interest; the Superintendent in the exercise of its functions and for financial intelligence purposes; and those carried out in accordance with article 6 of the Law for the Strengthening of the Supervision of the Securities Market, Law No. 29782."

"Article 8.- Form and channels for sending information requested by the Superintendent for financial intelligence purposes

8.1 Requests for the lifting of bank secrecy shall be sent through the Communications Module of the PLAFT Portal of the UIF Peru and addressed to the compliance officer.

8.2 Companies must send the requested information, on a confidential basis, within the maximum period established in this regulation, in accordance with the format of Annex No. I "Format for providing information protected by bank secrecy for financial intelligence purposes" and its respective summary table, which must be completed according to the instructions described in Annex No. II "Instructions for completing the Format for providing information protected by bank secrecy for financial intelligence purposes". The sending of this information is done directly, in an Excel file, through the aforementioned Communications Module of the PLAFT Portal, which guarantees its confidentiality and allows the authority to send confirmation of its receipt."

Article Two.- Annex No. I "Format for providing information protected by bank secrecy for financial intelligence purposes" and its respective "Summary Table of the accounts reported" and Annex No. II "Instructions for completing the

Republic of Peru

SUPERINTENDENCY OF BANKING, INSURANCE AND AFP

Format for providing information protected by bank secrecy for financial intelligence purposes", which form part of the Regulation approved by Article One, are published on the Institutional Portal – www.sbs.gob.pe – in accordance with the provisions of Supreme Decree No. 001-2009-JUS.

Article Three.- Repeal SBS Resolution No. 4353-2017, Regulation governing the form and conditions under which the information protected by bank secrecy and/or tax reserve must be provided to the Superintendency.

Article Four.- This Resolution enters into force on the day following its publication in the Official Gazette El Peruano.

Register, communicate and publish.

MARIA DEL SOCORRO HEYSEN ZEGARRA
Superintendent of Banking, Insurance and
Private Pension Fund Administrators