Compliance in Peru

Payet, Rey, Cauvi, Pérez Abogados

At the forefront of Peru's burgeoning corporate compliance market is Payet, Rey, Cauvi, Pérez Abogados, which has drawn together a skilled taskforce of white-collar crime specialists, antitrust practitioners and data protection / privacy lawyers to provide a comprehensive compliance offering. On the criminal-side, José Caro John, the recently made-up Juan Diego Ugaz and experienced associate Francisco Ugaz advise major banks and leading companies from the mining and industrial sectors, for example, on economic crime prosecutions, including money laundering and corruption. They also provide a criminal compliance service incorporating prevention policies and opinions regarding possible criminal implications of business activities. On the non-criminal side, the firm excels in antitrust and consumer protection proceedings, where leading figure Carlos A. Patrón steers much of the work. The firm also allies with a consultancy company to design and implement compliance programmes and risk assessments mandated by INDECOPI.    

Practice head(s):

José Caro John; Juan Diego Ugaz

Work highlights

  • Advising a leading domestic bank on the investigation and subsequent prosecution of a high-value embezzlement by an employee
  • Successfully represented an industrial company in an allegation of high-value money laundering, resulting in the case being dismissed.
  • Acting for a real estate group in the review of non-compliance risks regarding local regulations on free competition, consumer, advertising and personal data protection matters within all the company’s business units
  • Represented a retail chain in the first case in which INDECOPI ordered the implementation of a compliance programme in Peru

Rodrigo, Elías & Medrano – Abogados

Excelling in both criminal prosecution work and the implementation of sophisticated compliance programmes, Rodrigo, Elías & Medrano – Abogados attracts a string of leading domestic and international companies as clients. Work includes anti-corruption programmes, criminal risk assessment and regulatory compliance for the likes of Lazard, Nexa Resources and Lima Airport Partners. On the corporate criminal side, the firm has a hefty caseload of money laundering, bribery and cartel cases, for example, acting for companies, executives and directors. Head of the practice José Reaño leads on the bulk of the matters, both advisory and criminal prosecution defence, with assistance from regulatory and industry specialists from across the firm, including infrastructure and projects partner Italo Carrano and Fernando Molina, a leader in project finance.

Practice head(s):

José Reaño

Key clients

Telefónica del Perú

Mota Engil Peru

Scotiabank Peru

Pan American Silver Peru

Compańia Minera Antamina

Banco de Desarrollo de América Latina – CAF

Nexa Resources Peru

Banco GNB

San Fernando

Southern Peru Copper Corporation Sucursal del Peru

Work highlights

  • Advising mining group Nexa Resources Perú on the implementation of a compliance programme focused on the prevention of corruption crimes and money laundering, in accordance with the regulations of  various jurisdictions, including the US, UK, Brazil and Peru.
  • Advising the Peruvian subsidiary of Lazard on the design and implementation of its compliance programme, mainly focused on anti-corruption and money laundering prevention policies.
  • Representing one of Peru’s largest companies in a criminal investigation into the concealment of information from government entities.
  • Acting for a construction company and its executives in an anti-corruption case concerning the allegation of a cartel for the purposes of winning construction projects.

Estudio Echecopar member firm of Baker McKenzie International

An impressive client portfolio at Estudio Echecopar member firm of Baker McKenzie International is indicative of the expertise at the firm. The practice focuses on devising and implementing corporate compliance programmes covering anti-corruption, anti-money laundering, public procurement, personal data, antitrust, labour, and banking and regulatory; indeed, it has a reputation globally for compliance work. In Peru, a raft of leading domestic and international companies, such as Telefónica del Peru, Minsur, Alicorp and Samsung, instruct the firm for compliance programmes, risk assessment, internal investigations and client training sessions. Top-rated antitrust lawyer Teresa Tovar Mena leads a team of associates that includes the experienced Viviana Chávez and Liliana Calderón.

Practice head(s):

Teresa Tovar

Testimonials

Highly competitive team, they carry out meticulous work in order to get to know the company and provide a personalised service. The advice is comprehensive compared to others in the market.’

Professionalism, team maturity, willingness and confidentiality stand them apart from other firms. For my part, I have complete confidence and peace of mind to discuss any legal issue that may affect us as a company.’ 

Good coordination, immediate suggestions. Recommend associate Liliana Calderón.’

They have solid knowledge, get involved to understand the philosophy of the company and thoroughly attend to the questions raised. Above all, Teresa Tovar Mena knows a lot about the subject, is up-to-date, very clear and adapts to the company’s form of communication.’

The Estudio Echecopar member firm of Baker McKenzie International team is knowledgeable and superior to other law firms.’

This firm has a very talented team of lawyers with an excellent capacity to quickly resolve all our cases.’

The experience and knowledge on compliance-related issues by Teresa Tovar Mena and the team she leads is a great strength and generates confidence in the reports they have prepared for us. Although I have not compared them with many firms, I can confirm their quality and expertise.’

Key attributes are: immediate attention, accurate information and above all the friendliness of all its members.’

Key clients

Telefónica del Peru

Minsur

Marcobre

Alicorp

Unique

Minera Aurífera Retamas

IBT LLC Sucursal del Peru

Petroperu

Grupo Inmobiliario Capac Asociados

Transportes Acoinsa

Komatsu Mining

Derco Perú

Gedeon Richter

Securitas

Samsung

Caterpillar International Services del Perú

Work highlights

  • Advising companies from a range of industries on the design and implementation of corporate compliance programmes, covering issues such as labour law, public procurement and criminal law, for example. Companies advised include Alicorp, Trevali Perú and IBT Group.
  • Advising multinational companies, such as Telefónica del Peru, Marcobre and Gedeon Richter Peru, on anti-corruption compliance reviews and adaptation of their existing compliance policies to local law, including the assessment of particular risks.
  • Acting for MARSA Group in the implementation of a corporate System for the Prevention of Money Laundering and Financing of Terrorism (SPLAFT)

Miranda & Amado

The multidisciplinary, five-strong team at full-service heavyweight Miranda & Amado is led by Bruno Amiel and Willy Pedreschi, with key assistance from senior associate Katherine Torres. The practice has a strong preventative orientation with a focus on the elaboration of preventative models in accordance with Laws No.30424 and No.30737; general advisory regarding international norms and requirements such as the UK Bribery Act and the FCPA, as well as what the firm terms 'compliance due diligence' as part of M&A activity. Head of the regulatory practice, Enrique Felices oversees data privacy and cybersecurity-related matters. Associate Fabiana Vittoria is also noted.

Key clients

Talma Servicios Aeroportuarios

Aeropuertos del Perú

Dinet

Corporación Aceros Arequipa

Marubeni Corporation (Peru)

Work highlights

  • Advising vrious clients on acquisitions subject to Ley 30737.

Muñiz, Olaya, Meléndez, Castro, Ono & Herrera Abogados

Muñiz, Olaya, Meléndez, Castro, Ono & Herrera Abogados has dedicated substantial resources into this developing practice area, offering a fully comprehensive corporate and criminal compliance practice. It services a client's entire compliance needs, from corporate governance, white-collar crime and antitrust, to consumer protection, advertising and data protection. Moreover, it draws upon leaders within the firm to head the team: renowned corporate lawyer Mauricio Olaya; head of the firm's tier one antitrust and competition practice Pierino Stucchi; and criminal law partner Ian Galarza, who specialises in prevention systems for corruption, money laundering and terrorism financing. Criminal advice extends to representation from the investigation stage through to prosecution proceedings. Leading the fray in technological assistance, the firm has developed a commercially available client aid software tool, 'LexMax', to facilitate compliance implementation and infringement detection.    

Key clients

B Braun

Valero

Hewlett-Packard

Investa

Tucumann

Redram

Praxis

Cerámicas Lima

Pesquera Caral

Laboratorios Textil Los Rosales

Rimac Seguros Y Reaseguros

Prosegur Activa

Corporación Lindley

Nestlé

Laive

Representaciones Martin

Banco GNB

Work highlights

  • Acted for Rimac Seguros y Reaseguros in developing a nationwide compliance programme on consumer protection and advertising regulations. Also devised a compliance programme on competition law.
  • Acting for Hewlett-Packard in providing a criminal compliance programme to prevent crimes of public and private corruption, money laundering and terrorist financing under Peruvian compliance Law and UK and US anti-corruption law.
  • Cerámica Lima (Celima) utilised the firm’s LexMax software across their entire supply-chain business and companies. Celima Group includes seven companies with a presence in the retail, real estate, mining and manufacturing sectors.

Rebaza, Alcázar & De Las Casas

Rebaza, Alcázar & De Las Casas is building a strong practice, hiring Hector Gadea Benavides in June 2019, former head of white-collar crime and compliance at leading criminal law firm Benites, Vargas & Ugaz. He joins fellow white-collar crime specialist Augusto Loli and leading banking lawyer Rafael Alcázar to form a credible offering for both compliance planning and criminal representation. Much of the practice comprises compliance review, policy upgrades and implementation of compliance programmes for domestic and international companies, including the country's largest television and media outlet Compañía Peruana de Radiodifusión. It is also handling the criminal representation of a global company in respect of an onsite accident in Peru.

Testimonials

Among the strengths and skills of the compliance team at Rebaza, Alcázar & De Las Casas are the way they work meticulously and in detail, starting with getting to know the company, especially with regard to the prevention model that we implement, and the continuous work that we carry out to strengthen it. It is a team that stands out favourably compared to teams from other firms.’

The plus points are the experience and knowledge about compliance in companies as well as their capacity for analysis to give conclusions that contribute to strengthening the company’s prevention model. It differs from competitors in its ability to analyse the case from different angles, including resorting to interviewing key collaborators to understand the full picture, and to prepare the legal report from it. They are concerned with doing quality work by addressing the underlying issue from the beginning. We highlight the work of the lawyers Augusto Loli and Hector Gadea Benavides.’

Key clients

Compañía Peruana de Radiodifusión (America Television Channel 4)

Corporación Financiera del Desarrollo (COFIDE)

SIGMA Sociedad Administradora de Fondos de Inversión

Edpyme Acceso Crediticio

Crosland Automotriz

Cardio Perfusión

Universidad de Piura

Tecnología, Química y Comercio

Compañía Minera Santa Luisa

Costeño Alimentos

Work highlights

  • Advising Compañía Peruana de Radiodifusión (America Television Channel 4), on a review and upgrade of its compliance programme.
  • Acted for Corporación Financiera del Desarrollo (COFIDE), following competitive tender, on the review and upgrade of its compliance programme and crime prevention manual.
  • Acting for Costeño Alimentos on the design of a thorough compliance programme, incuding a code of conduct, anti-corruption policies, training programmes and internal reporting instruments.

Benites, Vargas & Ugaz

Leading criminal litigation firm Benites, Vargas & Ugaz advises on compliance audits and diagnosis, risk analysis, internal investigations, implementation of compliance programmes and training, particularly in the mining, banking and finance, and construction industries. White-collar crime litigator Roberto Pereira Chumbe joins the firm's head of corporate law, senior associate Martin Mayandía, to lead a compliance practice that also benefits from the expertise of renowned criminal lawyer José Ugaz. Former head of white-collar crime at the firm, Hector Gadea Benavides moved to Rebaza, Alcázar & De Las Casas.

Key clients

Metro de Lima Línea 2

Compañía Minera Ares (Hochschild Mining)

COSAPI

Comunicaciones Celulares (TIGO Guatemala)

Work highlights

  • Acting for UK-based non-governmental organisation Cool Earth Action, on the implementation of a compliance programme in accordance with Peruvian corporate criminal liability, as well as setting controls to mitigate risks identified.
  • Advising a large construction company, which has already been embroiled in national corruption scandals, on a review and diagnosis of its entire compliance system.

Caro & Asociados

White-collar crime boutique Caro & Asociados is well placed to advise on corporate crime compliance, and is handling compliance reviews and implementation of anti-corruption and anti-money laundering audits, for example, for a growing range of clients. Co-practice head Dino Carlos Caro is one of the leading white-collar crime specialists in Peru, while director Luis Miguel Reyna Alfaro and senior associate María Alejandra Quintana Gallardo are also key members of the team.

Key clients

Banco Internacional del Perú – Interbank

Gold Fields La Cima

Minera Aurífera Retamas

Quad Graphics Perú

Compañía Minera Antamina

Bolsa de Valores de Lima

Sociedad Nacional de Minería, Petróleo y Energía

Ponitificia Universidad Católica de Valparaíso

Obrascón Huarte Lain (Sucursal del Perú)

Summa Gold Corporation

Construcción y Administración

Los Portales

Work highlights

  • Acted for Quad Graphics Perú on the self-report to the US Securities and Exchange Commission by parent Quad USA, concerning alleged payments in exchange for public works contracts by ex-workers in Peru.
  • Advising Summa Gold Corporation on the implementation of its anti-corruption management system, and harmonising its anti-corruption compliance with anti-money laundering compliance.

CMS Grau

Former white-collar crime litigator Carolina Cueva is building an effective practice at CMS Grau. She is one of the few full-time compliance lawyers in the market and while her team in Peru is small, it has a 'high level of knowledge and experience in the area of compliance.’ In addition, the firm can draw upon the CMS global corporate crime, compliance and internal investigations practice, of particular benefit to international companies seeking to align their existing compliance programmes with Peruvian law. The firm provides a comprehensive service, from risk assessment and compliance programme design, through to obtaining anti-bribery certification, for example.

Practice head(s):

Carolina Cueva

Testimonials

High knowledge and experience in the area of compliance, in addition to a multidisciplinary team. Few attorneys know the subject like they do.’

I would highlight the firm’s ability to quickly understand the company’s processes, and their specialised knowledge on compliance.’

 

Key clients

CINTAC

OIG Group

ENAGAS

Goldfields

Hudbay

Obrascón Huarte Lain (Peru) – OHL

UNICON International

Compañía Operadora de Gas del Amazonas (COGA)

COFIDE

Work highlights

  • Advised CINTAC Group (comprising Tubos y Perfiles Metalicos, Estructuras Industriales Ega, Sehover and Signo Vial Perú) on the design and implementation of a compliance system across all four companies.
  • Advised Obrascón Huarte Lain (Peru) on establishing a compliance programme to satisfy local requirements as well as meet the expectations of the client’s matrix system based in Spain.

Cortez Massa & Bello Abogados

Cortez Massa & Bello Abogados is a white-collar crime boutique that focuses on litigation and criminal compliance, acting for companies from a range of industries. The firm devises and implements criminal compliance programmes, assesses risk and provides training to clients, fielding three partners at the helm of the practice: Jorge Massa, particularly knowledgeable in public administration and money laundering matters; Luis Felipe Cortez, who has spent over two decades as a criminal litigator; and Christian Bello, who is known for his work defending business officials involved in economic crime.

Testimonials

What you always look for in a criminal lawyer is to give you peace of mind. The team at Cortez Massa & Bello Abogados has always given us the peace of mind in criminal matters that we have had to deal with. Based on this, the experience and customer service have been excellent at all times.’

Partners Luis Felipe Cortez, Jorge Massa  and Christian Bello are excellent criminal lawyers. They know the system and give us peace of mind in order to prevent the criminal risks to which our industry is exposed.’

This practice is especially sensitive to the nature and importance of criminal matters. The most important thing for us is its capacity for analysis, availability and quick responses to meet our requirements.’

The main characteristics of the service provided by Cortez Massa & Bello Abogados are: highly personalised attention, the ability to respond immediately to meet our requirements and the strategy they develop for each case. These characteristics make an important qualitative difference versus other law firms. In particular, I must make a special mention of Christian Bello (main partner) who leads the work team assigned to us.’

Work highlights

  • Acting for an international mining company on the implementation of a criminal compliance programme, including updating the company’s existing money laundering and terrorism financing prevention system.
  • Acting for a retail group in an analysis of criminal risk of the different companies within the group, and the design of risk policies.  

Hernández & Cía. Abogados

Hernández & Cía. Abogados draws together strong criminal law and corporate practitioners to provide a thorough criminal compliance service. It is particularly well versed in crisis management and internal investigations and is acting for Peru's most high-profile company embroiled in the region's 'Lava Jato' scandal, Graña y Montero (GyM), handling its crisis management and renewed compliance programmes. Gonzalo del Río is a full-time criminal law specialist and lead partner to GyM. He co-leads the practice alongside experienced corporate and banking partner Alfredo Filomeno.

Key clients

Universidad San Ignacio de Loyola

IPAE

Liderman

Hermes

HudBay

Work highlights

  • Acting for Graña y Montero in its crisis management, internal investigation and implementation of a criminal compliance programme in accordance with local and US law, following the company’s involvement in the ‘Lava Jato’ scandal.
  • Advised Hermes on an audit of its anti-money laundering and anti-financing of terrorism system (SPLAFT), and subsequently implementing a criminal compliance programme.