Lima, 28 August 2019

S.B.S. Resolution No. 3949-2019

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

WHEREAS:

That, in accordance with article 3 of Law No. 27693, Law creating the Financial Intelligence Unit of Peru and its amendments, the UIF-Peru has the power to request, receive, require extensions and analyze information on suspicious operations reported to it by the obligated subjects and their supervisory bodies, or those it detects from the information contained in the databases to which it has access; as well as to regulate, in coordination with the supervisory bodies of the obligated subjects, the general and specific guidelines, requirements, specifications, sanctions and other aspects related to the prevention systems of the obligated subjects to report and the Suspicious Operation Reports (ROS), and the Registry of Operations with their respective format, among others, in accordance with the scope of the provisions of the aforementioned Law and its Regulation;

That, the UIF-Peru is empowered to order the national administrative freezing of funds or other assets, on its own initiative or when, after analysis of the request made by the Public Ministry, it considers it appropriate, in cases linked to the crime of asset laundering and terrorist financing; as well as the immediate freezing of funds or assets of natural or legal persons that are included in the lists prepared in accordance with the resolutions of the United Nations Security Council on terrorism and terrorist financing, or on financing the proliferation of weapons of mass destruction;

That, the Regulation of Law No. 27693, Law creating the Financial Intelligence Unit - Peru (UIF-Peru), approved by Supreme Decree No. 020-2017-JUS, defines the Online Suspicious Operation Report System (ROSEL) as the technological tool developed by the SBS to allow, in accordance with current regulations, obligated subjects to submit to the UIF-Peru the suspicious operation report by electronic means, under standards that ensure that the information is transmitted with an adequate level of security;

That, in accordance with article 25 of the Regulation cited in the previous recital, the obligated subjects to report, established by Law No. 29038 and Supreme Decree No. 020-2017-JUS, have the obligation to communicate to the UIF-Peru, through their compliance officer, the operations detected in the course of their activities, carried out or attempted, that are considered suspicious, regardless of the amounts involved; submitting for this purpose the suspicious operation report (ROS) and the attached or complementary documentation through the ROSEL system, by using the ROSEL Template published on the Portal for the Prevention of Asset Laundering and Terrorist Financing – PLAFT Portal (https://plaft.sbs.gob.pe/) enabled by the SBS or another electronic means that it determines;

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That, it is necessary to approve the ROSEL Template that the obligated subjects to report must use, as well as the supervisory bodies, to communicate to the UIF-Peru the Suspicious Operation Reports (ROS), in accordance with current regulations; and, likewise, to modify the norm approved by SBS Resolution No. 6414-2014 referring to the ROS of the supervisory bodies; as well as to approve and implement the Information Request System;

Having the approval of the UIF-Peru and the Deputy Superintendency of Legal Advisory;

In use of the powers conferred by Law No. 29038 and its amending norms 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 ROSEL Template that the obligated subjects to report referred to in article 3 of Law No. 29038 and article 2 of Supreme Decree No. 020-2017-JUS, and the norms that modify or replace them, as well as the supervisory bodies, must use to comply with their obligation to communicate to the UIF-Peru, through their compliance officers and liaison officers, respectively, the operations detected in the course of their activities, carried out or attempted, that are considered suspicious, regardless of the amounts involved; submitting the suspicious operation report (ROS) and the attached or complementary documentation through the Suspicious Operation Report System (ROSEL).

The ROSEL Template is published only on the Portal for the Prevention of Asset Laundering and Terrorist Financing – PLAFT Portal (https://plaft.sbs.gob.pe/) enabled by the SBS, to which only the obligated subjects and supervisory bodies have access, only through their compliance officers and liaison officers duly registered with the UIF-Peru, in accordance with current regulations.

Article 2.- To modify items 8, 11 and 15 of article 2 and paragraphs 3.2 to 3.6 of article 3 of the Norm that establishes the requirements and characteristics of the suspicious operation reports (ROS) that the supervisory bodies of the obligated subjects to report issue to the UIF-Peru, when through the exercise of their supervision functions they detect indications of asset laundering or terrorist financing, approved by SBS Resolution No. 6414-2014, which are redrafted with the following text:

"Article 2.- Definitions and abbreviations

The supervisory bodies of the obligated subjects to report must consider the following definitions and abbreviations for the application of this norm:

(…)

8. Unusual operations: operations carried out or that have been attempted to be carried out, whose amount, characteristics and frequency are not related to the economic activity of the client, fall outside the parameters of normality in force in the market or do not have an evident legal basis.

(…)

11. Regulation: Regulation of Law No. 27693, Law that creates the Financial Intelligence Unit - Peru (UIF-Peru), approved by Supreme Decree No. 020-2017-JUS.

(…)

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15. Obligated subject: natural or legal person, state company or public entity obligated to report to the UIF-Peru, in accordance with the provisions of article 3, numerals 3.1 and 3.2 of Law No. 29038 and in article 2 of Supreme Decree No. 020-2017-JUS and the norms that modify or replace them.”

“Article 3.- Report of Suspicious Operations (ROS) and its communication

(…)

3.2. The documentation that supports the qualification of the operation as suspicious must be attached to the ROS. The communication of the ROS must be made immediately, that is, within a period that in no case must exceed twenty-four hours (24) from the moment the operation is qualified as suspicious. The period to qualify an operation as suspicious is subject to its nature and complexity.

3.3. For the preparation of the ROS, the liaison officer must use only the ROSEL Template and the documents published in the Portal for the Prevention of Money Laundering and Financing of Terrorism – PLAFT Portal (http://plaft.sbs.gob.pe/) enabled by the SBS for such purpose.

3.4. The filling out and sending of the ROS and the attached or complementary documentation must adhere to the provisions established in the manuals, tutorials or other documents published in the aforementioned PLAFT Portal.

3.5. In no case must the identity of the liaison officer, the supervisory body, or that of the obligated subject and/or its compliance officer be recorded in the ROS, as well as any other element that could contribute to identifying them, except for the codes or secret keys assigned by the UIF-Peru to the liaison officer and the supervisory body.

3.6. The liaison officer and the compliance officer are responsible for the correct use of the ROSEL system and all the information contained in the ROSEL Template and supporting documentation, for which they must adopt the necessary measures to ensure the accuracy and veracity of the information, its reservation and confidentiality.

(…)”

Article 3.- Approve the System of Requests for Information

which constitutes a computer tool through which the UIF-Peru:

1. Requests information and/or documentation for the fulfillment of its functions.

2. Orders the administrative freezing of funds or other assets (CAF), on its own initiative or when after the analysis of the request made by the Public Ministry, the UIF-Peru considers it appropriate, in cases linked to the crime of money laundering and financing of terrorism; as well as the administrative freezing of funds or assets of natural or legal persons that are included in the lists prepared, in accordance with the resolutions of the United Nations Security Council on terrorism and financing of terrorism, or on financing of the proliferation of weapons of mass destruction.

3. Receives the response to the requests for information and/or documentation referred to in numeral 1, as well as the response from the obligated subjects to report on the execution of the CAF

4. Communicates to the obligated subjects to report, the result of the judicial decision of validation or judicial revocation of the measure of administrative freezing of funds or other assets.

The responses to the requests for information referred to in this article are subject to the structure, content and instructions given by the UIF-Peru, in accordance with the provisions established in the manuals, tutorials or other documents published in the Portal for the Prevention of Money Laundering and Financing of Terrorism - PLAFT Portal (https://plaft.sbs.gob.pe/) or communicated through another electronic means determined by the SBS.

Article 4.- This Resolution enters into force on 4 November 2019.

Register, communicate and publish.

SOCORRO HEYSEN ZEGARRA
Superintendent of Banking, Insurance and
Private Administrators of Pension Funds