SBS Resolution No. 3322-2015: Amends Articles 10 and 21 of the Regulation of Infractions and Sanctions on Prevention of Money Laundering and Financing of Terrorism, approved by SBS Resolution No. 8930-2012

Los Laureles No. 214 - Lima 27 - Peru Tel.: (511) 6309000 Fax: (511) 6309239

Lima, June 10, 2015

S.B.S. Resolution
No. 3322-2015

The Superintendent of Banking, Insurance and
Private Pension Fund Administrators

WHEREAS:

That, by SBS Resolution No. 8930-2012 and its amendments, the Regulation of Infractions and Sanctions on Prevention of Money Laundering and Financing of Terrorism was approved, applicable to notaries and to obligated subjects that do not have a supervisory body, which in its Annex 1 typifies and classifies minor, serious and very serious infractions for non-compliance with the provisions on prevention of money laundering and financing of terrorism;

That, by SBS Resolution No. 8518-2014, the new organizational structure of the SBS was approved, which provides - among other aspects - that the Department of Evaluation and Corrective Actions of the Financial Intelligence Unit of Peru (UIF-Peru) is responsible for the instruction of administrative sanctioning procedures in cases of non-compliance and for proposing sanctions for non-compliance in the implementation of the AML/CFT prevention systems supervised by the SBS, through UIF-Peru;

That, according to Article 347 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, the purpose of the SBS is to defend the interests of the public, safeguarding the economic and financial soundness of natural and legal persons subject to its control, ensuring compliance with the legal, regulatory and statutory rules that govern them, among others;

That, in this context, it is necessary to amend Articles 10 and 21 of the Regulation of Infractions and Sanctions approved by SBS Resolution No. 8930-2012, in order to specify the instructing body of the procedure; as well as to establish the period during which the SBS will publish on its website the information of the sanctions imposed on obligated subjects under the competence of the SBS, through UIF-Peru, and that have become final; thus guaranteeing the criteria of weighing between transparency and privacy, and the constitutional requirement of harmonization between constitutional rights, goods and values;

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

In use of the powers conferred by Law No. 29038 and Law No. 26702, in accordance with Law No. 27693 and its amending rules, 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 rules;

Los Laureles No. 214 - Lima 27 - Peru Tel.: (511) 6309000 Fax: (511) 6309239 2/2

RESOLVES:

Article One.- To amend Articles 10 and 21 of the Regulation of Infractions and Sanctions on Prevention of Money Laundering and Financing of Terrorism, approved by SBS Resolution No. 8930-2012, which are redrafted with the following tenor:

"Article 10.- Instructing body of the procedure The instructing body of the procedure is the Department of Evaluation and Corrective Actions of UIF-Peru (...)"

"Article 21.- Publicity of sanctions
The sanctions imposed under this Regulation shall be recorded in the medium that the Superintendency establishes for such purpose, in accordance with the rules governing it.
The Superintendency publishes through its website information on the sanctions it imposes and that have become final. The publication is made for a period of two years counted from the date on which the resolution became final.
In the months of January and July of each year, the Superintendency, through UIF-Peru, communicates to the College of Notaries of the respective jurisdiction and to the Notarial Council, the list of notaries sanctioned during the previous semester."

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

Register, communicate and publish.

DANIEL SCHYDLOWSKY ROSENBERG
Superintendent of Banking, Insurance and
Private Pension Fund Administrators