Resolution No. 0200-2003: Regulations Governing the Operation of the User Service Platform

Superintendency of Banking and Insurance
Los Laureles No. 214 - Lima 27 - Peru Tel.: (511)2218990 Fax: (511) 4417760 Lima, February 21, 2003 S.B.S. Resolution No. 200-2003

The Superintendent of Banking and Insurance

CONSIDERING:

That, by Resolution No. 1059-99, of November 30, 1999, the User Service Platform of the Superintendency of Banking and Insurance was established, with the purpose of addressing inquiries and receiving complaints from users of the financial and insurance systems, regarding their relationships with supervised companies and natural persons;

That, by Law No. 27328, Private Pension Fund Administrators were incorporated under the control and supervision of the Superintendency of Banking and Insurance;

That, Law No. 27444, the General Administrative Procedure Law, has established new provisions related to the procedure to be observed when complaints and reports are filed, as well as the procedure applicable for sanctioning regulated entities;

That, consequently, it is necessary to adapt the regulations governing the operation of the User Service Platform of the Superintendency to the aforementioned provisions;

Being in accordance with the opinion of the Adjunct Superintendencies of Banking, Insurance, Private Pension Fund Administrators, and Legal Advice; and,

In exercise of the powers conferred by numeral 18 of article 349 and articles 356 and 361 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, and by the Single Consolidated Text of the Law of the Private System for the Administration of Pension Funds, approved by Supreme Decree No. 054-97-EF;

RESOLVES:

CHAPTER I
GENERAL PROVISIONS

Article 1st.- Purpose.- The User Service Platform of the Superintendency of Banking and Insurance aims to answer inquiries and to take note of complaints filed by users of supervised companies belonging to the financial system, insurance system, and private pension system, as well as by companies of complementary and related services; it also receives complaints from AFP users.

Article 2nd.- Definitions.- For the purposes of this Resolution, the following definitions shall be taken into account:

Superintendency of Banking and Insurance
Los Laureles No. 214 - Lima 27 - Peru Tel.: (511)2218990 Fax: (511) 4417760

a) AFP: Private Pension Fund Administrators. b) Inquiry: formulation, by a user or third party, of a situation of uncertainty, ignorance, or doubt regarding some activity or practice of a supervised company, or regarding the legal framework regulating it. c) Complaint: notice or reporting to the Superintendency, by a user or a third party, of a fact that constitutes a presumed infringement of the regulations governing the supervised company being reported. d) General Administrative Procedure Law: Law No. 27444. e) General Law: 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. f) User Service Platform or USP: User Service Platform of the Superintendency of Banking and Insurance. g) Complaint against AFP: request submitted by a user to demand that a specific AFP satisfy a legitimate particular interest. h) SPP: Private Pension System. i) Superintendency: Superintendency of Banking and Insurance. j) Supervised company: natural or legal person under the scope of supervision of the Superintendency. k) User: Natural or legal person who acquires, uses, or enjoys the products or services offered by a supervised company.

CHAPTER II
OBJECT AND FUNCTIONS OF THE USER SERVICE PLATFORM

Article 3rd.- Object.- The handling of inquiries by the USP has the purpose of resolving the situation of uncertainty, ignorance, or doubt raised by the user, expressing a technical opinion on the matter inquired about.
The receipt of complaints has the object of taking note of situations that may constitute infringements of the provisions governing the activity of supervised companies, which, after corresponding verification, may lead to the initiation of a sanctioning procedure against the supervised company being reported. The receipt of complaints against AFPs has the purpose of resolving disputes that arise within the framework of the Affiliation Contract signed between affiliates and AFPs.

Article 4th.- Functions.- The User Service Platform has the following functions:
a) To guide users on the submission of inquiries, complaints, and reports provided for in this Resolution, as well as on the procedures established for this purpose by the Single Text of Administrative Procedures (TUPA) of the Superintendency; b) To centralize the follow-up and response to inquiries submitted by users; c) To forward to the National Institute for the Defense of Competition and of the Protection of Intellectual Property (INDECOPI) those inquiries, complaints, and reports that fall within its competence; d) To receive complaints, conduct preliminary investigations, and, if applicable, initiate the sanctioning procedure ex officio, in accordance with what is established in this Resolution and in the General Administrative Procedure Law; likewise, to initiate the sanctioning procedure at the request of any body of the Superintendency;

Superintendency of Banking and Insurance
Los Laureles No. 214 - Lima 27 - Peru Tel.: (511)2218990 Fax: (511) 4417760 e) To prepare statistics on the inquiries handled, as well as on the complaints and reports submitted to the USP, which may be disseminated by the Superintendency. Likewise, to prepare statistics on complaints submitted to supervised companies; f) To propose and carry out programs for disseminating information related to the financial, insurance, and private pension systems; g) To process complaints submitted by AFP users, within the framework of the regulations governing the SPP; and, h) Other functions assigned by the Superintendent.

CHAPTER III
HANDLING OF INQUIRIES

Article 5th.- Handling of inquiries.- Users may submit their inquiries to the USP in person, in writing, by telephone, via facsimile, or through email to the address pau@sbs.gob.pe, and must in all cases identify themselves with their full names, address, telephone number (if applicable), and identification document number or foreigner's ID card.

CHAPTER IV
RECEIPT OF COMPLAINTS

Article 6th.- Management prior to complaint.- To file a complaint with the USP, it must be accredited that, previously, a written recourse was made to the supervised company being reported, presenting a complaint, grievance, or request that includes the report of having violated some regulation governing said company. To this effect, supervised companies must respond to such writings within a period not exceeding thirty (30) calendar days.
The requirement stated in the preceding paragraph does not apply to complaints filed by persons who are not users of the supervised company being reported.

Article 7th.- Requirements.- The complaint submitted to the USP must contain, at a minimum, the following:
a) The indication of the body to whom it is addressed, which is the User Service Platform of the Superintendency of Banking and Insurance. b) Full names, address, telephone number (if applicable), and identification document number or foreigner's ID card of the complainant, or, if applicable, of their representative. In the latter case, documents accrediting the granting of power of attorney and a copy of the represented person's identification document must also be attached. c) The concrete expression of the presumed infringement and the factual grounds, and, if possible, the legal grounds supporting the complaint. d) Copy of the receipt of the writing submitted to the supervised company and, if applicable, copy of the response. e) The list of documents and attachments included. f) Place, date, and signature or fingerprint, in case of not knowing how to sign or being unable to do so. The complainant must present the complaint writing and its attachments in original and two (2) copies, one of which will be returned as a receipt of receipt.

Superintendency of Banking and Insurance
Los Laureles No. 214 - Lima 27 - Peru Tel.: (511)2218990 Fax: (511) 4417760 In the event that the complaint submitted to the USP lacks any of the admissibility requirements indicated in this article, which cannot be remedied ex officio, such defect will be brought to the attention of the complainant at the time of receipt of the complaint, through the corresponding annotation that must be made by the person in charge of the USP's front desk, followed by the signature of the complainant as a sign of having taken note of the omission. This omission must be remedied within two (2) business days following. In case the complainant fails to comply with the requirements made, the USP will issue an official letter declaring the documents not presented, proceeding to their return.

Article 8th.- Procedure.- The complaints received by the USP are subject to the following procedure:
a) The USP will conduct preliminary investigations on the complaint submitted, for which it will request that the corresponding supervised company send it information regarding the reported case, including that information that was considered when evaluating the prior management referred to in the previous sixth article. The deadline for the transmission of information will be ten (10) business days. b) The USP will communicate to the complainant that it has proceeded to initiate preliminary investigations, informing them: (i) that pursuant to article 105 of the General Administrative Procedure Law, the complaint has the sole purpose of bringing to the knowledge of the Superintendency a fact that, potentially, may merit the formal, ex officio initiation of a sanctioning procedure aimed at determining whether there was or was not a sanctionable infringement; and (ii) that pursuant to article 105.3 and numeral 6 of article 235 of the General Administrative Procedure Law, the Superintendency is only obligated to communicate to them the motivated result of their complaint, as well as, if a sanctioning procedure has been opened, the result thereof. c) Upon completion of the preliminary investigations, if the USP determines that there is no merit to initiate a sanctioning procedure, it must communicate the result of the complaint to the complainant, through a duly motivated official letter, with a copy to the competent Adjunct Superintendency, which cannot be challenged by the complainant as they do not have the status of a party. If from the proceedings sufficient elements of judgment appear to suggest that the supervised company may have committed an infringement, the USP will request an opinion from the competent Adjunct Superintendency, who must issue it within a period not exceeding ten (10) business days. Once the opinion of the aforementioned line body is obtained, or the aforementioned period has elapsed, the USP, if deemed pertinent, will initiate the corresponding sanctioning procedure provided for in the General Administrative Procedure Law, assuming the status of the instructing body thereof. d) Once the initiation of the sanctioning procedure is decided, the USP will bring it to the knowledge of the supervised company being reported, for which it will issue an official letter in which the facts that presumably constitute an infringement susceptible to sanction will be communicated, expressing the classification of the infringements, the possible sanctions that could be imposed, as well as the competent authority to impose the sanction and the norm that attributes such competence, in order to make the corresponding defenses within the period of ten (10) business days computed from the date of notification. e) Upon completion of the instructive stage of the sanctioning procedure, the USP will prepare a report containing a proposal in which it will determine, in a motivated manner, the conduct considered constitutive of infringement, the norm
that provides for the imposition of a sanction for such conduct, and the proposed sanction; or, it will propose the declaration of non-existence of infringement. The aforementioned report, with the approval of the Legal Department, will be sent to the corresponding Adjunct Superintendency.

Superintendency of Banking and Insurance
Los Laureles No. 214 - Lima 27 - Peru Tel.: (511)2218990 Fax: (511) 4417760 f) The competent Adjunct Superintendency will have the status of the resolving body, and may order the performance of complementary actions, provided they are indispensable to resolve the procedure. g) Once the resolution ending the sanctioning procedure in either sense is issued, it will be notified to both the accused and the complainant. h) The accused may file the administrative remedies provided for in the General Administrative Procedure Law. At any time, and with the purpose of having sufficient elements of judgment to take the decisions that fall to it, the USP may conduct specific technical or legal consultations to any body of the Superintendency. Any grievance, request, or complaint presented by a user, of which any other area of the Superintendency other than the USP has knowledge, must be forwarded to it in order to comply with what is provided in this Resolution.

CHAPTER V
HANDLING OF COMPLAINTS AGAINST AFPs

Article 9th.- Object.- Users of the SPP may file complaints against AFPs, for disputes that, in any way, relate to the Affiliation Contract signed between the AFPs and their affiliates.

Article 10th.- Prior complaint.- Users who wish to file a complaint against an AFP with the USP must previously recourse to the corresponding AFP, who must answer the complaint within a period not exceeding fifteen (15) business days. Upon expiration of said period without the complained company having issued any response or having done so unsatisfactorily, the user may file their complaint with the USP. The USP may accept for processing complaints that have not been previously presented to the AFP, when it considers that there is a risk of imminent and irreparable damage to the user, which must be brought to the knowledge of the AFP Adjunct Superintendency.

Article 11th.- Requirements.- The complaints filed against AFPs with the USP must contain, at a minimum, the following:
a) The indication of the body to whom it is addressed, which is the User Service Platform of the Superintendency of Banking and Insurance. b) Full names, address, telephone number (if applicable), and identification document number or foreigner's ID card of the claimant, or, if applicable, of their representative. In the latter case, documents accrediting the granting of power of attorney and a copy of the represented person's identification document must also be attached. c) The concrete expression of the complaint and the factual grounds, and, if possible, the legal grounds supporting the complaint. d) The means of proof offered. e) Copy of the receipt of the complaint writing submitted to the respective AFP and, if applicable, copy of the response. f) The list of documents and attachments included. g) Place, date, and signature or fingerprint, in case of not knowing how to sign or being unable to do so. The claimant must present the complaint writing and its attachments in original and two (2) copies, one of which will be returned as a receipt of receipt.

Superintendency of Banking and Insurance
Los Laureles No. 214 - Lima 27 - Peru Tel.: (511)2218990 Fax: (511) 4417760 In the event that the complaint submitted to the USP lacks any of the admissibility requirements indicated in this article, which cannot be remedied ex officio, such defect will be brought to the attention of the claimant at the time of receipt of the complaint, through the corresponding annotation that must be made by the person in charge of the USP's front desk, followed by the signature of the claimant as a sign of having taken note of the omission. This omission must be remedied within two (2) business days following. In case the claimant fails to comply with the requirements made, the USP will issue an official letter declaring the documents not presented, proceeding to their return.

Article 12th.- Procedure.- The complaints filed against AFPs are subject to the following procedure:
a) The USP will receive the complaint and bring it to the knowledge of the complained AFP with the purpose that it, within the period of fifteen (15) business days, present its answer, necessarily including the information that was considered when evaluating the prior complaint referred to in article 10 of this Resolution. b) Once the complaint is answered, or the period referred to in the preceding clause has expired, the USP may request, from both the claimant and the respondent, the clarifications or expansions it deems convenient. c) Only in the event that, in the opinion of the USP, the action of some evidence is necessary, the USP will communicate to both parties the start of an evidence period, which cannot be greater than fifteen (15) business days. d) With all available information and, if applicable, the corresponding evidence acted upon, the USP will prepare a report that, with the approval of the Legal Department, will be sent to the AFP Adjunct Superintendency. e) The Adjunct Superintendency will be in charge of resolving the complaint. In case the resolution of a complaint depends on the prior pronouncement of the Superintendency regarding a controversy arising from the interpretation or execution of the Contract for the Administration of Risks of Invalidity, Survival, and Funeral Expenses, signed between the complained AFP and the respective insurance company, the USP will suspend the complaint procedure and forward the file to the AFP Adjunct Superintendency in order to resolve said controversy in accordance with the regulations applicable to the indicated contract and, jointly, resolve the complaint. This circumstance will be communicated to both parties. Any complaint against an AFP presented by a user, of which any other area of the Superintendency other than the USP has knowledge, must be forwarded to it in order to comply with what is provided in this Resolution. In all matters not provided for in this chapter, the norms of the Trilateral Procedure regulated in Chapter I of Title IV of the General Administrative Procedure Law will apply.

Article 13th.- Subsequent sanctioning procedure.- After the pronouncement resolving the complaint is issued, the AFP Adjunct Superintendency will include in the file a report in which it will pronounce on the pertinence or not of initiating a sanctioning procedure. The USP, if applicable, will proceed in accordance with what is provided for in clauses c) to h) of article 8 of this Resolution, insofar as applicable.

Superintendency of Banking and Insurance
Los Laureles No. 214 - Lima 27 - Peru Tel.: (511)2218990 Fax: (511) 4417760

CHAPTER VI
GRIEVANCES

Article 14th.- Grievances for processing defects.- In accordance with article 158 of the General Administrative Procedure Law, grievances for processing defects will be resolved by the hierarchical superior of the authority processing the procedure.

FINAL AND TRANSITORY PROVISIONS

FIRST.- Non-compliance with the obligation to inform.- The non-compliance, by supervised companies, with the obligation to send the information required by the USP, within the indicated deadlines, constitutes a minor infringement, sanctionable in accordance with the Sanctions Regulation of the Superintendency.

SECOND.- Matters not included in this Resolution.- The norms provided for in this Resolution do not apply to controversies arising within the framework of the Contract for the Administration of Risks of Invalidity, Survival, and Funeral Expenses signed between AFPs and insurance companies. Nor do they apply to complaints arising within the processes of evaluation and qualification of invalidity, nor to complaints against sales promoters of AFPs. Such matters will be resolved by the AFP Adjunct Superintendency, in accordance with the regulations governing them.

THIRD.- Pending complaints.- Complaints that are in process will be adapted to what is provided in this Resolution, insofar as applicable.

FOURTH.- Repealing provision.- Repeal SBS Resolution No. 1059-99 of November 30, 1999, and any other norm that opposes what is provided in this Resolution.

FIFTH.- Validity.- This Resolution enters into force the day following its publication in the newspaper El Peruano.

Register, communicate, and publish.

JUAN JOSÉ MARTHANS LEÓN
Superintendent of Banking and Insurance