New regulatory obligation to determine Liable Parties is established
On June 21, 2019, the Order SBS No. 2794-2019 was published in the Official Gazette “El Peruano”. It sets forth the delivery of the Anti-Money Laundering Compliance Officer Semiannual Report (ISOC) and the Anti-Money Laundering Compliance Officer Annual Report (IAOC) by the Liable Parties—through their Anti-Money Laundering Compliance Officer—to the Financial Intelligence Unit (FIU-Peru).
ISOC is a mechanism for which the Anti-Money Laundering Compliance Officer reports to FIU-Peru about the operation and compliance level of the Anti-Money Laundering and Counter-Financing of Terrorism System (SPLAFT). It should be mentioned that, as per Act No. 27693, the ISOC shall be brought to knowledge of the Liable Party’s Board of Directors within the next calendar month after the pertinent semiannual deadline; and, in turn, sent to FIU-Peru within the next 15 calendar days after the date the Board of Directors has been brought into knowledge thereof.
The Order SBS No. 2794-2019 imposes to the Liable Parties detailed in the table below an obligation not having before, that is, to submit the ISOC via FIU-Peru website (plaft.sbs.gop.pe) no later than August 15 of the calendar year and February 15 of the next calendar year, following the instructions provided in such website.
The Order SBS No. 2794-2019 empowers those Liable Parties to submit this same ISOC to their supervisory entities (considering that FIU-Peru is not a direct supervisory entity).
Finally, this enacted Order provides that lawyers and public accountants having the status of Liable Parties (as they perform professional activities exhaustively set forth in Act No. 29038, Section 3.29) shall deliver—through their Anti-Money Laundering Compliance Officer—the IAOC via FIU-Peru website no later than February 15 of the next calendar year.
