Lima, 17 July 2019

S.B.S. Resolution No. 3329-2019

The Superintendent of Banking, Insurance and Private Administrators of Pension Funds

That, article 3 of Law No. 27693, Law creating the Financial Intelligence Unit of Peru and its amendments, provides that it is a function and power of the Superintendency of Banking, Insurance and Private Administrators of Pension Funds (SBS), through the UIF-Peru, to regulate, in coordination with the supervisory bodies of the obligated subjects, the guidelines, requirements, sanctions and other aspects related to the prevention systems of the obligated subjects, and to receive and analyze the Operations Records (RO) referred to in article 9 or any information related to them, which must be mandatorily submitted by the obligated subjects to the Financial Intelligence Unit of Peru (UIF-Peru) through the electronic means, periodicity and modality that it establishes;

That, by means of SBS Resolution No. 2660-2015 and its amending norm, the Regulation for the Management of Money Laundering and Terrorist Financing Risks was approved, which regulates the obligations, procedures and requirements that companies under the supervision of the SBS, in their capacity as obligated subjects, must comply with for the adequate implementation of their LAFT prevention systems;

That, article 24 of the Regulation of Law No. 27693, approved by Supreme Decree No. 020-2017-JUS, provides that the obligated subjects to report have the obligation to keep and maintain an updated RO, send the RO to the UIF-Peru, in the structure, periodicity, form and electronic means that the SBS establishes, and must keep it for a period of ten (10) years counted from the date on which the operation is carried out and maintain a backup copy, which must be available to the UIF-Peru, the supervisory body, the jurisdictional bodies and competent authorities in accordance with Law, for the same period;

That, in accordance with literal q) of subsection 9.2 and subsection 9.8 of article 9 of Law No. 27693 and its amending norms, the SBS through the UIF-Peru is empowered - among other aspects - to expand, reduce and/or modify the list of concepts that must be the subject of the operations record, based on the importance or the LAFT risk that they imply;

That, in this context, it is necessary to approve the instructions for the submission of the Record of Single and Multiple Operations (RO Instructions), applicable to the obligated subjects under the scope of SBS Resolution No. 2660-2015 and its amending norm, as well as to modify article 49 of SBS Resolution No. 2660-2015 in order to establish the obligation to record in the RO other operations considered of risk or importance, 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 Legal Advice and Risks; 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;

RESOLVES:

Article 1.- To approve the Instructions for the submission of the Record of Single and Multiple Operations (RO Instructions) applicable to the obligated subjects under the scope of SBS Resolution No. 2660-2015 and its amendment, hereinafter companies, excluding insurance brokers and savings and credit cooperatives that only operate with their members and are not authorized to raise funds from the public. The RO Instructions are published in the File Transfer Protocol FTP folder (ftp://ftp.sbs.gob.pe/) of the SBS.

Article 2.- The electronic submission of the Single RO (Annex No. 1 of Form 501) must be made through the External Capture and Validation Sub-module (SUCAVE) within 15 business days after the close of the period to be submitted. Regarding the Multiple RO (Annex No. 3 of Form 501), companies must keep said record available to this Superintendency, in accordance with the provisions of article 49.3 of the Regulation for the Management of Money Laundering and Terrorist Financing Risks, so the option of submission through SUCAVE is disabled.

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:

"Article 49. Information contained in the operations record

49.1 Operations subject to registration:

In addition to the operations referred to in numeral 9.2 of article 9 of the Law, companies, as applicable, must create a record containing the following operations carried out for amounts equal to or greater than those described in this article:

(…)

o) Financing by discount.

p) Disbursement of loan and/or credit (in cash, check, deposit or other).

q) National and/or international transfers with correspondent banking and/or intermediation (sending and receiving funds)

(…)"

Article 4.- This resolution enters into force on 1 July 2021 1 .

Register, communicate and publish.

JAVIER POGGI CAMPODÓNICO
Superintendent of Banking, Insurance and
Private Administrators of Pension Funds
(a.i.)

[1] Article modified by SBS Resolution No. 1743-2020 of 30/6/2020.