Peru’s Struggle with Anti-Money Laundering: Understanding the Risks and Regulations
The Challenge of Money Laundering in Peru
The Peruvian economy has long been vulnerable to money laundering, with an estimated $3.2 billion to $7.9 billion laundered every year. Despite its commitment to anti-money laundering (AML) laws and regulations, enforcement remains a challenge, and the country’s informal sector continues to pose significant risks.
Informal Economy: A Breeding Ground for Financial Crimes
Peru’s informal economy, which employed around 70% of the population before the Covid-19 pandemic, is a major concern. The lack of oversight in key areas of natural resources has driven illegal mining, which contributes significantly to GDP and exports.
- Illegal Mining: This has resulted in nearly half of the country’s financial intelligence reports being connected to illegal mining over the past decade.
- Informal Sector: The informal economy allows financial crimes to continue undetected.
Drug Trafficking: A Persistent Threat
Peru is the second-largest producer of cocaine in the world and serves as a key transit point for drugs being trafficked into North America and Europe. The country’s porous borders allow illicit goods and money to flow freely, exacerbating the problem.
- Porous Borders: Illicit goods and money can flow freely across Peru’s borders.
- Drug Trafficking: Peru is a significant producer of cocaine and a key transit point for drugs being trafficked into North America and Europe.
AML Laws and Regulations: A Summary
Peru has a National Plan Against Money Laundering and Terrorist Financing to address money laundering risks across the economy. Key laws include:
- Legislative Decree 1106: Sets out the legal framework for money laundering, illegal mining, and organized crime.
- Law Decree 25475: Regulates terrorist financing prevention methods.
- Law 30737: Requires reparations to the state in cases of corruption.
Weaknesses
Peru’s weaknesses include:
- Cash Traders: Cash traders are a key channel for financial crimes and cash laundering.
- Banks: Banks are vulnerable to money laundering due to inadequate oversight.
- Real Estate: Real estate is used as a conduit for illicit money flows.
- Mining: Mining is a significant contributor to the Peruvian economy, with illegal mining operations drawing in organized crime.
Strengths
Peru’s strengths include:
- GAFILAT Compliance: Peru is considered broadly compliant with most of GAFILAT’s technical recommendations.
- Commitment to Transparency: The country has committed to strengthening transparency, information sharing, and citizen participation in the fight against corruption.