Rule · SBS · 30 Jun 2020 · Resolución SBS 1743-2020
Companies must keep a registry of operations, including transport and/or custody of securities by Cash Transport, Custody and Administration Companies – ETCAN, and national and/or international transfers with intermediation (sending and receiving of funds), for amounts equal to or greater than those in article 49. The amendments to SBS Resolution No. 3329-2019 and the Money Laundering and Terrorist Financing Risk Management Regulation (SBS Resolution No. 2660-2015) enter into force on 1 July 2021.
Lima, 30 June 2020
The Superintendent of Banking, Insurance and Private Pension Fund Administrators
That, by Supreme Decree No. 008-2020-SA of 11 March 2020, a National Health Emergency was declared for a period of ninety (90) calendar days, due to the existence of COVID-19, which has been extended by Supreme Decree No. 020-2020-SA for a period of ninety (90) calendar days counted from 10 June 2020;
That, by Supreme Decree No. 044-2020-PCM, the National State of Emergency was declared for a period of fifteen (15) calendar days, and mandatory social isolation (quarantine) was ordered due to the serious circumstances affecting the life of the Nation as a consequence of the COVID-19 outbreak, which has been extended by Supreme Decree No. 094-2020-PCM until 30 June 2020;
That, by SBS Resolution No. 3329-2019 of 17 July 2019, the Instructions for the submission of the Registry of Single and Multiple Operations (hereinafter, RO Instructions) were approved, applicable to the obligated subjects under the scope of the Regulation for the Management of Money Laundering and Terrorist Financing Risks approved by SBS Resolution No. 2660-2015 and its amendments, excluding insurance brokers and savings and credit cooperatives that only operate with their members and are not authorized to raise funds from the public (hereinafter, companies); instructions that would enter into force as of 1 July 2020, as established in article 4 of the aforementioned resolution;
That, given the current situation of health emergency and social isolation that is being experienced and with the purpose of adopting measures that contribute to preserving the financial stability and integrity of the companies and safeguarding the interests of the public, it is necessary to modify the entry into force of the RO Instructions approved by SBS Resolution No. 3329-2019 and to make some clarifications that assist the companies in the adequate compliance with the aforementioned instructions, as well as to modify literals l) and q) of article 49 of SBS Resolution No. 2660-2015 with the purpose of establishing clarifications on the operations that must be recorded in the RO, by virtue of article 9 of Law No. 27693 and its amending norms;
With the approval of the UIF-Peru and the Deputy Superintendencies of Banking and Microfinance, Risks and Legal Advisory; and
In use of the powers conferred by Law No. 29038 and Law No. 26702, in accordance with Law No. 27693 and its amending norms and according to the exception conditions set forth in numeral 3.2 of article 14 of Supreme Decree No. 001-2009-JUS and its amending norms;
Article 1.- To modify article 4 of SBS Resolution No. 3329-2019, according to the following text1:
"Article 4.- This resolution enters into force on 1 July 2021."
Article 2.- To modify numerals 2, 13 and 27 of the General Considerations; items 37, 64, 83 and 84; and to incorporate numeral 64.20 in item 64, of the RO Instructions approved by SBS Resolution No. 3329-2019.
The RO Instructions are published in the FTP (ftp://ftp.sbs.gob.pe/) File Transfer Protocol folder of the SBS.
Article 3.- To modify article 49 of the Regulation for the Management of Money Laundering and Terrorist Financing Risks approved by SBS Resolution No. 2660-2015 and its amending norms, according to the following text:
In addition to the operations referred to in numeral 9.2 of article 9 of the Law, the companies, as applicable, must create a registry containing the following operations carried out for amounts equal to or greater than those described in this article:
(…)
l) Transport and/or custody of securities carried out by Cash Transport, Custody and Administration Companies – ETCAN.
(…)
q) National and/or international transfers with intermediation (sending and receiving of funds).
(…)"
Register, communicate and publish.
SOCORRO HEYSEN ZEGARRA
Superintendent of Banking, Insurance and
Private Pension Fund Administrators
[1] Amended by SBS Resolution No. 3292-2020 published on 30 December 2020.
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“That, by SBS Resolution No. 3329-2019 of 17 July 2019, the Instructions for the submission of the Registry of Single and Multiple Operations (hereinafter, RO Instructions) were approved...”
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