Resolution SBS No. 03330-2024: Approves the Standard Establishing Guidelines Regulating the Functioning of the Public-Private Mechanism for Financial Information Exchange of Peru (MEPIF)

Los Laureles Nº 214 - Lima 27 - Perú Telf. : (511) 6309000 Lima, September 18, 2024 Resolution S.B.S.
No. 03330-2024

The Superintendent of Banks, Insurance and Private Pension Fund Administrators

CONSIDERING:

That Recommendation 2 of the Financial Action Task Force (FATF) indicates that countries must ensure that authorities responsible for anti-money laundering and counter-terrorist financing policies, the Financial Intelligence Unit, law enforcement authorities, supervisors, and other competent authorities have effective mechanisms that allow them to cooperate and, where appropriate, coordinate and exchange information among themselves at the internal level in the development and implementation of policies and activities to combat money laundering, terrorist financing, and the financing of the proliferation of weapons of mass destruction;

That paragraph 9.3 of Article 9 of the Legislative Decree that approves special measures for the prevention and investigation of the crime of extortion and related crimes, as well as for the modification of the Penal Code, approved by Legislative Decree No. 635 and the Criminal Procedure Code, approved by Legislative Decree No. 957 - Legislative Decree No. 1611, empowers the Superintendent of Banks, Insurance and Private Pension Fund Administrators (SBS), through the Financial Intelligence Unit of Peru (UIF-Peru), the Public Ministry, the Comptroller General of the Republic, the Ministry of the Interior, the National Police of Peru, through its specialized units, the National Superintendence of Customs and Tax Administration, among other public entities, to obligate subjects in matters of anti-money laundering and counter-terrorist financing and other entities in the private sector, to establish a public-private mechanism for information exchange to strengthen the fight against extortion and related crimes;

That, likewise, the aforementioned paragraph empowers UIF-Peru to articulate the aforementioned mechanism and establish the scope and procedures to ensure its proper functioning, in accordance with the organization norms of the State;

That, under the auspices of the aforementioned legal framework, UIF-Peru, in coordination with the Public Ministry, the National Police of Peru, through the Directorate for the Investigation of Money Laundering (DIRILA), the National Superintendence of Customs and Tax Administration, the Comptroller General of the Republic, the Bank of Credit of Peru (BCP), BBVA Peru Bank, Scotiabank and Interbank, have created the Public-Private Mechanism for Financial Information Exchange of Peru (MEPIF) for the prevention and combat of extortion and its related crimes, such as money laundering, its predicate offenses and terrorist financing, as well as to fight against the financing of the proliferation of weapons of mass destruction; with the formal designation of primary and alternate representatives by the aforementioned public and private entities;

That, in this context, it is necessary to establish the guidelines that regulate the functioning of the MEPIF for the adequate exchange of information;

Having the approval of UIF-Peru and the Assistant Superintendent of Legal Advice; and,

In exercise of the powers conferred by Law No. 29038 and Law No. 26702, in accordance with Law No. 27693 and its modifying and regulatory norms, and in accordance with the exceptional conditions established in paragraph 19.2 of Article 19 of Supreme Decree No. 009-2024-JUS;

RESOLVES:

Article First.- Approve the Standard that establishes the guidelines that regulate the functioning of the Public-Private Mechanism for Financial Information Exchange of Peru (MEPIF), with the following text:

STANDARD THAT ESTABLISHES THE GUIDELINES THAT REGULATE THE FUNCTIONING OF THE PUBLIC-PRIVATE MECHANISM FOR FINANCIAL INFORMATION EXCHANGE OF PERU (MEPIF)

Article 1.- Mission and Vision of MEPIF

1.1. The mission of MEPIF is to establish an instance of secure, effective and collaborative information exchange between the public and private sectors, to prevent and combat extortion and its related crimes, including money laundering (ML), its predicate offenses and terrorist financing (TF), as well as to strengthen the fight against the financing of the proliferation of weapons of mass destruction (FP), which allows taking advantage of the strengths of both sectors and developing effective strategies that improve the integrity of the financial system and the non-financial sector and protect society and national security.

1.2. The vision of MEPIF is that the financial system and the non-financial sector are protected from the threats of extortion and its related crimes, including ML, its predicate offenses and TF, as well as FP, and to promote transparency, responsibility and trust in financial operations and economic transactions.

Article 2.- Objective of MEPIF

The objective of MEPIF is to facilitate the secure and effective exchange of knowledge and information of a strategic and operational nature, if applicable, among its members of the public and private sectors, to strengthen the prevention, detection, investigation and repression of extortion and its related crimes, including ML, its predicate offenses and TF, as well as to strengthen the fight against FP. For this purpose:

a) Strategic information is considered, among others, statistical data, patterns, trends, indicators, typologies and alert signals in order to understand and identify the risks of extortion and its related crimes, including ML, its predicate offenses, TF, as well as the risks of FP; the proposals for strategies to mitigate them and best practices to improve compliance with applicable regulations.

b) Operational information is considered, the data and other information about a case subject to investigation, by decision of the public authorities. In this case, the public sector members of MEPIF decide the scope and timing of the information to be shared, as well as the form or means used for its exchange with the private sector members.

Article 3.- Functions of MEPIF

The functions of MEPIF to strengthen the fight against extortion and its related crimes, including ML, its predicate offenses and TF, as well as the fight against FP, are:

a) Exchange strategic information among its members;

b) Exchange information about a case subject to investigation by decision of the public authorities;

c) Develop and execute training and education programs;

d) Carry out strategic analysis activities on patterns and trends, in order to identify emerging risks and threats;

e) Propose and approve its internal regulations;

f) Propose and approve procedures, protocols, guides or other documents to ensure its proper functioning, as well as the confidentiality and protection of information; and,

g) Other functions determined by agreement of the Plenary Assembly.

In the case of subsection b), the information subject to exchange can only be used in the investigation of the facts that motivated it, all entities participating, their representatives and personnel, who have taken knowledge of this information, being subject to the duty of information confidentiality provided for in Article 12 of Law No. 27693.

Article 4.- Composition of MEPIF

4.1 MEPIF is composed of entities from the public and private sectors. Those who created it hold the status of Founding Participating Members and participate through the designated primary and alternate representatives, who perform their duties without compensation (ad honórem).

4.2 Any other public or private entity may join MEPIF as Participating Members, provided that it meets the requirements established in the membership and compliance procedures and is admitted by its Plenary Assembly. After meeting these requirements, they must designate a primary representative and an alternate representative, who perform their duties without compensation (ad honórem).

4.3 The Executive Secretariat of MEPIF rests with the SBS, through UIF-Peru.

4.4 When required by MEPIF, through its Executive Secretariat, it requests the participation of public entities, private entities, civil society or cooperation agencies, among others, which participate as guests to contribute specialized assistance, and must comply with the duty of information confidentiality required of MEPIF members.

The suspension or removal of Founding Participating Members and Participating Members of MEPIF is determined by consensus of its Plenary Assembly, in accordance with the terms established in the internal membership and compliance procedure.

Article 5.- Designation of representatives

5.1 The primary and alternate representatives of the Founding Participating Members and Participating Members that integrate MEPIF are designated before the Executive Secretariat of MEPIF, through written communication from the head of their entity or institution and are subject to the duty of information confidentiality provided for in Article 12 of Law No. 27693. Any change in the designation and/or contact data of the representatives must be communicated, within three (3) business days of occurrence, to the Executive Secretariat of MEPIF.

5.2 The designated primary and alternate representatives are authorized to certify in writing personnel from the entity or institution they represent to participate in specific activities of MEPIF. These are subject to the duty of information confidentiality required of MEPIF members and perform their duties without compensation (ad honórem).

Article 6.- Structure of MEPIF

The functioning of MEPIF rests on the following bodies and working groups:

6.1 Bodies of MEPIF

a) Plenary Assembly: it is the highest instance, in which all Founding Participating Members and Participating Members of MEPIF are represented. It is responsible for adopting the main decisions for its proper functioning and meets ordinarily at least twice a year or, exceptionally, at the request of the Executive Committee.

b) Co-presidents: it is co-chaired by two people elected among the representatives of its Founding Participating Members and Participating Members, one from the public sector and one from the private sector. They are responsible for leading and acting on behalf of MEPIF. Their terms last one year, a period that may be renewed for the same term, subject to the approval of the Plenary Assembly.

c) Executive Committee: it is composed of the Co-presidents, the Executive Secretariat and the Co-chairs of each working group. It is responsible for exercising the executive management of MEPIF to ensure the adequate management of the work planned by MEPIF.

d) Executive Secretariat: it is exercised by the SBS, through UIF-Peru. It is responsible for proposing the plans required by MEPIF for its proper functioning, providing technical-administrative assistance and advice to the Co-presidents, the Executive Committee and the Co-chairs of the working groups. The primary or alternate representative of UIF-Peru holds the position of Executive Secretary.

6.2 Working Groups of MEPIF

a) Projects Working Group: it is led by two co-chairs; one from the public sector and one from the private sector, regardless of whether it is a Founding Participating Member or Participating Member. It is responsible for proposing and implementing the MEPIF projects approved by the Executive Committee, as well as monitoring the progress of said projects.

b) Membership and Compliance Working Group: it is led by two co-chairs; one from the public sector and one from the private sector, regardless of whether it is a Founding Participating Member or Participating Member. It is responsible for proposing and managing the implementation of the membership and compliance procedures adopted by the Executive Committee of MEPIF.

c) Cases Working Group: it is composed of the representatives of the Founding Participating Members or Participating Members of the public entities that integrate MEPIF. It is responsible for proposing and managing the implementation of the case selection protocol adopted by the Executive Committee of MEPIF.

The Plenary Assembly, at the proposal of the Executive Committee, may create other working groups.

Article 7.- Autonomy and consensus

7.1 The designated representatives and accredited personnel of the Founding Participating Members and Participating Members of MEPIF perform their work with autonomy and independence from the public and private sector entities they represent.

7.2 The Plenary Assembly, the Executive Committee and the respective Working Groups adopt their decisions by consensus.

Article 8.- Collaboration with the Executive Secretariat of MEPIF

The representatives of the Founding Participating Members and Participating Members may collaborate with MEPIF, accrediting personnel to perform functions under the direction and supervision of the Executive Secretariat, who are subject to the duty of information confidentiality required of MEPIF members.

TRANSITIONAL FINAL PROVISION

Sole.- Installation of MEPIF

MEPIF will be installed at the first session of the Plenary Assembly, which will be convened by the Executive Secretariat.

Los Laureles Nº 214 - Lima 27 - Perú Telf. : (511) 6309000

Article Second. - The Standard that establishes the guidelines that regulate the functioning of the Public-Private Mechanism for Financial Information Exchange of Peru (MEPIF), enters into force the day after its publication in the Official Gazette El Peruano, except for subsection b) of Article 2, subsection b) of Article 3, subsection c) of paragraph 6.2 of Article 6 referred to operational information, which enters into force when determined by the SBS by general regulation.

Register, communicate and publish

SERGIO JAVIER ESPINOSA CHIROQUE
Superintendent of Banks, Insurance and AFP