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Home»Legal»Peru Issues VASP Regulation, Strengthens AML/TF Requirements
Legal

Peru Issues VASP Regulation, Strengthens AML/TF Requirements

NBTCBy NBTC12/08/2024No Comments2 Mins Read
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The Superintendence of Banking and Insurance (SBS) of Peru, has issued a resolution that forces VASPs to implement Know Your Customer (KYC) and anti-money laundering (AML) measures as part of a compliance plan. The resolution is in line with FATF recommendations and seeks to control and avoid criminals to use these platforms for illicit purposes.

Peru Issues Resolution Forcing VASPs to Integrate KYC and AML Compliance in Their Structures

Peru is introducing rules to regulate the operation of virtual asset service providers (VASPs) in the country. Last month, the Superintendence of Banking and Insurance (SBS) of Peru issued resolution N° 02648-2024, which defined several guidelines these companies should follow to mitigate the risks of being used for illicit purposes.

The resolution defines that VASPs operating on Peruvian soil must appoint a compliance officer, and implement a system with Anti Money Laundering (AML) and Terrorism Financing (TF) measures. Also, Peruvian exchanges must now adopt effective Know Your Customer (KYC) policies, and establish due diligence steps to fulfill this goal.

In addition, the new rules establish that VASPs will have to obtain the identities and more data from users involved in transactions for over $1,000, effectively forcing these providers to implement travel rule compliance, given that “all transfers of virtual assets must be treated as electronic transfers.”

According to the SBS, these measures are taken following the recommendations of the Financial Action Task Force (FATF), the global anti-money laundering watchdog. These complement what was already established in Presidential decree Nº 006-2023-JUS, which included VASPs as forced subjects under the supervision of the Financial Intelligence Unit – Peru (UIF-Peru).

Nonetheless, these new rules only affect VASPs and not cryptocurrencies themselves, only regulating the interactions and transactions that users complete through hosted wallets under the control of these institutions.

VASPs already operating in the country will have 120 days to adapt their structures to comply with this resolution.

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