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Financial and Capital Markets Alert – November 2022

ALERT – CAPITAL MARKETS

Amendment of the Rule that regulates the procedure for handling requests for lifting bank secrecy, adopted by Resolution SBS Nº 1132-2015 (“Rule“)

By Resolution SBS Nº 03348-2022 (the “Resolution”), published in the Official Gazette El Peruano on November 8 of the present, the Superintendence of Banking, Insurance and Private Pension Fund Administrators (“SBS”) amended subsection e) of Article 3 of the Rule, in order to include the power of the Superintendent of the SBS to request the lifting of banking secrecy, in addition to in the exercise of his own functions, for the specific purposes of financial intelligence.

Likewise, the referred resolution incorporated Article 8 to the Rule, which establishes the form and channels for sending the information requested by the Superintendent for financial intelligence purposes, stating that both the Superintendent’s request and the information to be sent by the supervised companies to comply with the request, must be channeled through the Communications Module of the PLAFT Portal of the UIF Peru.

Additionally, the annexes containing the document format to be used by supervised companies to provide the information protected by banking secrecy that is requested for financial intelligence purposes, and its respective summary table, as well as the instructions to complete such format, have been adopted.

Finally, SBS Resolution Nº 4353-2017, the rule that regulated the form and conditions for providing the SBS with information protected by banking secrecy and/or tax secrecy, has been repealed.