SBS Resolution No. 4353-2017: Regulation governing the form and conditions under which information protected by banking secrecy and/or tax reserve must be provided to UIF-Peru

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Los Laureles Nº 214 - Lima 27 - Perú Telf. : (511)6309000 Fax: (511) 6309239 Lima, November 9, 2017 S.B.S. Resolution No. 4353-2017 The Superintendent of Banking, Insurance and Private Pension Fund Administrators WHEREAS:
That, through Law No. 27693, the Financial Intelligence Unit of Peru, UIF-Peru, was created, responsible for receiving, analyzing, processing, evaluating and transmitting information for the detection of money laundering and/or terrorist financing (ML/TF), as well as assisting in the implementation, by obligated subjects, of the system to detect suspicious ML/TF operations; That, in accordance with article 3-A of Law No. 27693, incorporated by Legislative Decree No. 1249, Legislative Decree that dictates measures to strengthen the prevention, detection and punishment of money laundering and terrorism, the UIF-Peru, for the fulfillment of its functions and whenever necessary and pertinent in the case it investigates, may request from the competent criminal judge in whose jurisdiction the Superintendency of Banking, Insurance and Private Pension Fund Administrators (SBS) has its principal domicile, the lifting of banking secrecy and tax reserve; That, likewise, according to the provisions of the aforementioned article, the SBS establishes by resolution the form and conditions under which financial system companies and the Tax Administration must provide to UIF-Peru the information protected by banking secrecy and tax reserve, as well as the fines applicable to companies under its supervision that fail to deliver the required information, in accordance with the provisions of the regulations; That, in this context, it is necessary to establish the conditions under which the content of information protected by banking secrecy and tax reserve must be provided to UIF-Peru by financial system companies and the Tax Administration, as well as the channels and guidelines for its submission, in order to guarantee its secure transmission, as applicable, and to incorporate into the SBS Sanctions Regulation the infractions established by Law; Having obtained the approval of the Financial Intelligence Unit of Peru, the Deputy Superintendency of Banking and Microfinance and the Deputy Superintendency of Legal Affairs; In use of the powers conferred by Law No. 27693 and its amending norms;

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Los Laureles Nº 214 - Lima 27 - Perú Telf. : (511)6309000 Fax: (511) 6309239 RESOLVES:
Article One.- To approve the Regulation governing the form and conditions under which information protected by banking secrecy and/or tax reserve must be provided to UIF-Peru, according to the following text:
REGULATION GOVERNING THE FORM AND CONDITIONS UNDER WHICH INFORMATION PROTECTED BY BANKING SECRECY AND/OR TAX RESERVE MUST BE PROVIDED TO UIF-PERU
Article 1. Scope
This regulation is applicable to all companies regulated and/or supervised by the SBS that capture public resources and that are indicated in literal A of article 16 of Law No. 26702, General Law of the Financial System and the Insurance System and Organic Law of the Superintendency of Banking and Insurance, to Banco de la Nación and to Savings and Credit Cooperatives not authorized to operate with public resources, hereinafter companies; as well as to the Tax Administration.
Article 2. Objective
To establish the conditions under which the content of information protected by banking secrecy and tax reserve must be provided to UIF-Peru, as well as the channels and guidelines for its submission, in order to guarantee its secure transmission.
Article 3. Information that companies and the Tax Administration must provide
3.1 The companies included in the scope of this regulation, in accordance with the judicial order lifting banking secrecy, and as provided in article 140 of Law No. 26702, must provide to UIF-Peru the following client information, corresponding to the period determined by said judicial order:
a) Account number to be reported. b) Name of the reporting institution. c) Date and time of the operation. d) Branch (SBS code), when applicable. e) Operation number. f) Currency. g) Type of operation. h) Amount of the operation. i) Description – detail of the operation. j) General classification of the operation (SBS). k) Data of the second party linked in the operation (person or company participating in the transaction, as beneficiary, remitter or executor, as the case may be; of the person or company that has been subject to the lifting of banking secrecy): account number, Identification number and the name of the person or company and additional complementary information. The detail of this information must be sent to UIF-Peru using the format of Annex No. I "Format to provide UIF-Peru with information protected by banking secrecy" and its respective Summary Table, which must be completed according to the instructions described in Annex No. II "Instructions to complete the Format to provide UIF-Peru with information protected by banking secrecy".

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Los Laureles Nº 214 - Lima 27 - Perú Telf. : (511)6309000 Fax: (511) 6309239
3.2 The Tax Administration, in accordance with the judicial order lifting tax reserve, and as provided in article 85 of the Single Ordered Text of the Tax Code, must provide to UIF-Peru the information indicated in said order, which may be contained in declarations and information obtained from taxpayers, responsible parties or third parties and in complaints.
Article 4. Submission of information to UIF-Peru
4.1 Companies and/or the Tax Administration must directly submit the information, confidentially, to UIF-Peru, within the maximum period established by Law No. 27693, unless otherwise ordered by the judge.
4.2 If the judge decides to channel the judicial order lifting banking secrecy through the SBS, the periods provided in SBS Resolution No. 1132-2015 and its amendments apply, and companies must directly submit the information, confidentially, to UIF-Peru.
Article 5. Form of submission of information
5.1 Companies send to UIF-Peru, in an Excel file, the information in the format of Annex No. I and its respective summary table, through a secure electronic means that allows its adequate transmission and guarantees its confidentiality, in accordance with the provisions established by the SBS.
5.2 The Tax Administration delivers to UIF-Peru, through a secure electronic means, the information, in text files or other formats that facilitate UIF-Peru's management and analysis processes. Exceptionally, when certain information cannot be provided by said remote access, it must be sent in physical media.
5.3 UIF-Peru, after receiving the information sent by companies and the Tax Administration, acknowledges receipt through the same channel through which it was submitted.
5.4 UIF-Peru, once the judicial order is issued, may have direct online access to the information in accordance with the computer means implemented by the Tax Administration.
Article 6. Confidential nature of the information
6.1 Persons and authorities who become aware of the information on passive operations resulting from the lifting of banking secrecy and of the information referring to the amount and source of income, expenses and taxable base, among others, of taxpayers resulting from the lifting of tax reserve, as well as the officials and employees of companies, are obligated to maintain the strictest and complete confidentiality regarding said information and may not transfer or communicate it to third parties, nor may they use it for purposes other than those requested.
6.2 Failure to comply with the provisions of this article gives rise to the corresponding administrative and criminal liabilities.
FINAL PROVISION
Sole.- Submission of information by companies
For the submission of information, companies have the obligation to manually complete the information required in the format of Annex No. I and its respective summary table, when there is a judicial order lifting banking secrecy within the framework of this resolution, without prejudice to their decision to implement computer systems for the processing of said information.
Article Two.- Annex No. I "Format to provide UIF-Peru with information protected by banking secrecy" and its respective "Summary Table of accounts reported to UIF-Peru" and Annex No. II "Instructions to complete the Format to provide UIF-Peru with information protected by banking secrecy", which form part of the Regulation approved by Article One, are published on the Institutional Portal – www.sbs.gob.pe – in accordance with the provisions of Supreme Decree No. 001-2009-JUS.
Article Three.- To incorporate in Section II "Serious Infractions" of Annex 2 "Specific Infractions of the Financial System and of Complementary and Related Service Companies" of the Sanctions Regulation approved by SBS Resolution No. 816-2005 and its amending norms, the following infraction:

• Failure to deliver, or delivering partially or late, the information required in requests for lifting banking secrecy formulated by UIF-Peru.
  Article Four.- This Resolution enters into force the day following its publication in the Official Gazette El Peruano.
  Register, communicate and publish.
  SOCORRO HEYSEN ZEGARRA
  Superintendent of Banking, Insurance and Private Pension Fund Administrators