Compliance in Peru

Payet, Rey, Cauvi, Pérez Abogados

Payet, Rey, Cauvi, Pérez Abogados earns top ranking due to its strength across the board of compliance work, with standout performances in the economic crime prevention and competition spheres, led by Juan Diego Ugaz and Carlos Patrón respectively. The firm represents some of the country's largest home-grown and foreign companies, handling a broad mix of prevention policies concerning money laundering, corruption crimes and other white-collar criminal matters, as well as competition compliance-programmes mandated by INDECOPI and other government agencies. Notably, the practice is able to represent clients in breach of compliance, whether criminal or administrative, through all sanctioning or judicial proceedings. Principal associate Francisco Ugaz is another criminal specialist and acts for a number of the firm's key clients in the infrastructure, finance and oil and gas sectors, among others; however, former practice co-head and white-collar specialist José Antonio Caro John left the firm in 2020.

Practice head(s):

Juan Diego Ugaz; Carlos Patrón

Testimonials

They are very well trained and understand very well what each client needs.’

Very precise and practical in their advice.’

Work highlights

  • Successfully defending a well-known financial institution on appeal in criminal proceedings concerning aggravated theft.
  • Obtaining a criminal dismissal order on behalf of a leading company in the oil and gas sector concerning a health and safety breach.
  • Advising a significant company in the construction sector on its antitrust compliance and identification of main antitrust contingencies.

Rebaza, Alcázar & De Las Casas

An impressive client roster at Rebaza, Alcázar & De Las Casas is testament to the growing market recognition of the compliance and white-collar practice, staffed by a focused team of criminal law specialist partners supported by tier-one calibre corporate expertise. Practice heads Augusto Loli and Hector Gadea Benavides are both experienced white-collar crime specialists and lead an associate team that includes full-time crime, compliance and internal investigations lawyer Sergio Mattos and recent arrival Camilo Clavijo from leading white-collar firm Benites, Vargas & Ugaz. As well as a hefty caseload of compliance planning and programme development for major domestic companies, the team is regularly instructed to conduct internal investigations into potential business crime, such as fraud, human rights violations and breaches of the Foreign Corrupt Practices Act (FCPA). It is also a popular choice among international law firms requiring Peruvian counsel in such cases.

Practice head(s):

Augusto Loli; Héctor Gadea Benavides

Testimonials

The knowledge, use of resources and the availability and participation of the members of the compliance team is remarkable. Recommend Héctor Gadea and Sergio Mattos.’

 

Key clients

Norvial

Alicorp

JJC Contratistas Generales

Graña y Montero

Credicorp

Intercorp Group

Telefónica del Perú

Compañía Peruana de Radiodifusión (América Televisión – Channel 4)

SIGMA

Cementos Pacasmayo

Costeño Alimentos

Edpyme Acceso Crediticio

Crosland Automotriz (Crosland Group)

Chr. Hansen

Volcan Compañía Minera

AJ Gallagher – Winston & Strawn LLP

Sky Airline Perú

Pesquera Exalmar

Pacífico EPS

Fundación Augusto N Wiese

Work highlights

  • Acted for Credicorp in the preparation of a legal report and recommendations on compliance issues related to the recently-introduced rule criminalising abuse of dominant position.
  • Conducted a profound review of America Television’s existing compliance programme and identified the gaps and needs to fully meet legal requirements, and designed a new compliance programme for the company, including permanent criminal preventive advice to the company.
  • Provided preventive advice to Norvial from a compliance perspective, including an analysis of the risk matrix of a public concession and the prevention measures adopted to mitigate risks related to traffic accidents.

Rodrigo, Elías & Medrano – Abogados

Rodrigo, Elías & Medrano – Abogados' interdisciplinary team of market-leading professionals are specialists in economic criminal law, antibribery and anti-money laundering regulations, corporate law, financial transactions and data protection, among other areas. This combined corporate compliance practice group, led by white-collar crime specialist José Reaño Peschiera and Fernando Molina, a leading finance lawyer, is in demand by some of the country's largest companies -such as Telefónica Del Perú and Alicorp- to advise on matters ranging from the compliance risks in M&A transactions to local and international anti-corruption regulations, as well as handling criminal prosecutions should they arise. The team is currently advising a major company in the mining and natural resources sector in an internal investigation related to alleged acts of corruption. Senior associate José Medina, who is advising on the matter, has past experience at the High-Level Anti-corruption Commission (“CAN-Anticorrupción”), a state-entity.

Practice head(s):

Jose Reaño Peschiera; Fernando Molina

Testimonials

They are lawyers with deep knowledge and a lot of experience.’

Key clients

Telefónica Del Perú

Scotiabank Peru

Compañia Minera Antamina

Pluspetrol Peru Corporation

Iridium Concesiones De Infraestructuras

Alicorp

Nexa Resources Peru

Terpel Comercial Del Peru (ExxonMobil)

Enfoca Sociedad Administradora De  Fondos De Inversión

Credicorp Capital

Work highlights

  • Advising a mining and natural resources company on an internal investigation into alleged acts of corruption.
  • Representing a company from the banking and finance sector on an internal investigation into its role in an infrastructure project.
  • Advising a concessionaire in charge of the construction and operation of a major infrastructure project in Peru, on the design and implementation of key procedures of its compliance programme.

CMS Grau

The practice at CMS Grau continues to grow in stature, attracting several new clients such as Cementos Pacasmayo, Indeco (Nexans) and Centria (part of Grupo Breca). The head of the practice and former criminal litigator Carolina Cueva was rewarded with partnership in December 2020 as a result. The highly-specialist practice is distinguished by its ability to establish comprehensive compliance management systems for clients, combining technical know-how with legal expertise, but it also handles internal investigations and anti-corruption and anti-money laundering due diligence, among other matters. Notably, it also offers a regional compliance service via the firm's offices across Latin America. Cueva leads a small team of associates backed by multidisciplinary input from across the firm in areas such as antitrust and corporate.

Practice head(s):

Carolina Cueva

Testimonials

What makes this practice unique is Carolina Cueva and her team’s knowledge of compliance issues. In addition, they have access to new trends through the CMS and AENOR networks, which allows them to give excellent advice and training to our staff.’

The entire team is good but the one who makes them stand out is Carolina Cueva for her knowledge and teaching skills.’

Key clients

Cementos Pacasmayo

Indeco (Nexans)

Centria (Grupo Breca)

Indeco (A Nexans Group Company)

Consorcio Wayra

CAP/Cintac Group

OHL Construcción

OIG Group

Enagás Perú

Gold Fields La Cima

Ferrovial Agroman Sucursal del Perú

Hudbay Perú

Unicon

COFIDE

Telefónica del Peru

Compañía Minera Antamina

Work highlights

  • Advising cable producer Indeco on the design and implementation of its compliance programme in accordance with local regulations, while also attending to the corporation’s other compliance needs.
  • Developing an internal three-month training programme for the entire organisation of Cementos Pacasmayo in accordance with their compliance programme.
  • Worked alongside the management systems team at Gold Fields La Cima to design and implement the ISO 37001 standard within the organisation.

Estudio Echecopar member firm of Baker McKenzie International

Leading regulatory lawyer Teresa Tovar heads a successful compliance practice at Estudio Echecopar member firm of Baker McKenzie International, that offers deep expertise in compliance planning and risk assessment.  Particular areas of expertise include anti-corruption and anti-money laundering risk assessment, and the team can utilise expertise from across the firm in disciplines such as public procurement, labour and personal data, among others. Also of note is the firm's international office network of expertise in corporate compliance, making it an obvious choice for multinationals. Tovar is supported by three full-time compliance associates, including experienced competition lawyer Viviana Chávez; however, former senior associate and criminal law specialist Liliana Calderón moved to Benites, Vargas & Ugaz, as counsel, in May 2020.

Practice head(s):

Teresa Tovar

Testimonials

The Echecopar team led by Teresa delves into the depths of the client’s company, allowing them to develop specialised prevention models for the type of company. Likewise, in sensitive cases assigned by the partner, there is an active participation, delivering a result above expectations. I must emphasise that her work is outstanding considering the limitations that an outsider has when addressing very deep issues of an organisation, but Teresa and her team break down those barriers and achieve the goal.’

Teresa Tovar: outstanding knowledge of the subject, analyses the case in a comprehensive manner with clear answers. She is very strategic and has a corporate vision. Viviana Chavez: extensive knowledge on the subject, performs a deep analysis of the subject and is a strategist.

Key clients

Telefónica del Peru

Minsur

Marcobre

Alicorp

Unique

Minera Aurífera Retamas

IBT (Peru branch)

Petroperu

Grupo Inmobiliario Capac Asociados

Transportes Acoinsa

Komatsu Mining

Derco Perú

Gedeon Richter

Samsung

Caterpillar International Services del Perú

Work highlights

  • Advising IBT Group, Transportes Acoinsa and British American Tobacco on the design and implementation of compliance programmes.
  • Advising Telxius Torres Peru, Telxius Cable Peru, Media Networks Latin America and Telefonica Learning Services Peru on undertaking a risk assessment process and preparing risk matrices.
  • Advising all the operating companies of IBT Group on the implementation of their system for the prevention of money laundering and financing of terrorism, including undertaking risk assessment processes, the design of new policies and controls to prevent money laundering crimes and the provision of training sessions for employees.

Miranda & Amado

Leading corporate firm Miranda & Amado has consolidated its multidisciplinary compliance practice by establishing a new white-collar crime and compliance team as of January 2021. It follows the hire of two corporate and business crime litigators José Luis Velarde and Rafael Díaz from boutique Facto Litigios & Compliance, where they were founding partners. Both join as counsel, and as well as handling litigation, the pair will significantly bolster the firm's non-contentious capabilities in the area, including the design and implementation of regulatory compliance programmes for significant domestic companies.

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

With partner-level expertise across all key areas of compliance, including corporate, competition and white-collar crime, Muñiz, Olaya, Meléndez, Castro, Ono & Herrera Abogados has a burgeoning practice and client base. Calling upon experts from across the firm, the practice is co-led by corporate and M&A head Mauricio Olaya, head of competition and antitrust Pierino Stucchi and Ian Paul Galarza, the firm's white-collar crime partner who specialises in criminal compliance and the prevention of money laundering and terrorist financing in particular. The practice is largely focused on the development of compliance programmes for substantial companies.

Practice head(s):

Mauricio Olaya; Pierino Stucchi; Ian Paul Galarza

Key clients

Teva Pharmaceutical

Valero Energy Corporation

Hewlett Packard

EXSA (Orica Group)

B Braun Medical

COSAPI

Compañia Operadora de Gas

Flesan (DVC Infraestructuras)

Rimac Seguros y Reaseguros

Banco GNB

Scotiabank

Representaciones Martin

Coca Cola Servicios del Perú

Corporación Lindley

Laive

Nestlé

Prosegur Activa

Colgate Palmolive

Cetco

Work highlights

  • Developed a compliance programme focused on consumer protection and advertising regulations on behalf of Prosegur Activa, including the preparation of a risk report and the development of a new compliance policy.
  • Developed a competition law-fcused compliance programme on  behalf of B. Braun Medical Peru, including the preparation of a risk report and -based on this- the development of a compliance policy.
  • Developed a compliance programme on consumer protection and advertising regulations nationwide for Rimac Seguros y Reaseguros , including a risk report and resulting new compliance policy.  

Benites, Vargas & Ugaz

Continuing to invest in its compliance practice, leading white-collar crime firm Benites, Vargas & Ugaz bolstered the advisory side of the practice with the hire of up-and-coming practitioner Liliana Calderón in May 2020, who joined as counsel from Estudio Echecopar member firm of Baker McKenzie International; she brings 14 years' practice experience in white collar crime and compliance. Together with lead partner Roberto Pereira, a specialist criminal litigator, the pair advise some impressive companies from a broad sector base on both compliance planning and internal investigations.

Practice head(s):

Roberto Pereira; Liliana Calderón

Testimonials

They are specialists and are 100% dedicated not only to the application of compliance, but also to their clients. Definitely the treatment received is of the first level, in addition to the knowledge and advice in the matter.’

I believe that the follow-up to their clients, cordial treatment, pro-activity and professionalism, makes the lawyers of this firm unique. Liliana Calderón has not only demonstrated the complete handling of the issues entrusted to her, but also the commitment and availability to her clients at all times. This is reflected in the fulfillment of the objectives of the services for which the firm was hired and the satisfaction of its clients.

The dedication and knowledge is outstanding. The lawyer Liliana Calderón is outstanding.’

Regarding the knowledge of the compliance system,  the firm stands out.’

High availability to meet with those directly in charge of the main operational processes. Liliana Calderón and Jesus Francisco Cornejo are recommened.’

They have a solid criminal advisory team, which is very relevant to identify compliance risks and how to adequately mitigate them.’

Liliana Calderón and Luis Varga Valdivia provide us with an accompaniment service complementing the internal team in the identification and mitigation of compliance risks.

Strong points are their immediate response capacity; ready to answer any questions; and good team work. It does compare favourably with other firms.’

Key clients

Teconologica de Alimentos (Tasa)

Minsur

Rimac Seguros

Telefónica de Perú

OHL Perú

Metro de Lima Línea 2

COSAPI

Corporación Pesquera Inca (Copeinca)

Grupo Inmobiliario Capac

Compañía Minera Ares (Hochschild Mining)

ODP Jesuitas del Perú

Comunicaciones Celulares (TIGO Guatemala)

Work highlights

  • Advising Tecnológica de Alimentos (TASA) on the diagnosis and strengthening of its compliance programme to current legislation.
  • Representing Minsur in the diagnosis and strengthening of its System for the Prevention of Money Laundering and Financing of Terrorism (SPLAFT).
  • Advising OHL Perú on the diagnosis and strengthening of its System for the Prevention of Money Laundering and Financing of Terrorism (SPLAFT).

Caro & Asociados

Caro & Asociados is a leading white-collar crime boutique that is continuing to augment its business compliance capability, attracting some heavyweight clients as a result. It is acting Minsur and Perupetro, for instance, on anti-money laundering, anti-terrorism financing and other corruption prevention practices. High-profile white-collar crime lawyer Dino Carlos Caro Coria leads a well-resourced team of ten that includes head of criminal litigation Luis Miguel Reyna Alfaro and María Alejandra Quintana Gallardo, who leads the civil and commercial litigation work.

Practice head(s):

Dino Carlos Caro Coria; Luis Miguel Reyna Alfaro; María Alejandra Quintana Gallardo

Testimonials

There is a very good level of involvement at the firm, in which Carlos Caro and his team participate.’

Carlos Caro is known for grasping the issues very well; he always responds quickly, he is very friendly and he has a familiarity with the company.’

Key clients

Gold Fields La Cima

Bolsa de Valores de Lima

Ponitificia Universidad Católica de Valparaíso

Minsur

Summa Gold Corporation

Construcción y Administración

Los Portales

Perupetro

Asociación de Bancos del Perú (ASBANC)

Fondo Mi Vivienda

Work highlights

  • Providing constant training to senior employees and the board of directors at Minsur on prevention systems for anti money laundering and terrorism financing tailored to mining companies.
  • Advising Perupetro on anti-corruption and anti money laundering clauses in commercial agreements with companies
  • Acted for Enfoca Servicios Logísticos regarding the possible commission of fraud in obtaining illegal credits from the so-called ‘Reactiva Peru’ programme, which was promoted by the Peruvian government during the economic crisis caused by Covid-19.  

Cortez Massa & Bello Abogados

White-collar crime boutique Cortez Massa & Bello Abogados advises some substantial companies across a broad range of sectors and industries on criminal-compliance programmes, as well as handling compliance breaches and trials involving public administration, money laundering, cartel activity, and environmental and taxation matters, among others. The firm's three name partners, Luis Felipe Cortez, Jorge Massa and Christian Bello are all experienced criminal litigators and lead a trio of compliance-focused associates. The firm won a number of new clients during the past year, both domestic and international.

Practice head(s):

Jorge Massa; Luis Felipe Cortez; Christian Bello

Testimonials

The practice at the CMB firm has, as a great strength, the preparation and knowledge of its partners and main associates, in criminal law and its different variants (economic criminal law, compliance and prevention models). Likewise, the experience they have advising clients from various sectors (mining, banking, retail, pharmaceutical, among others) on these issues is noteworthy.’

Christian Bello, partner, has outstanding knowledge about the rules and regulations applicable to criminal compliance, both locally and internationally. This allows him to offer approaches and alternative solutions that include not only what is locally regulated, but also what is established in comparative legislation, as well as what is contemplated in international standards.’

Work highlights

  • Designing and implementing a criminal compliance programme for all the companies of a mining group, covering money laundering, terrorism financing and all other criminal activities.
  • Designing and implementing a criminal compliance programme for the Peruvian mining-division of an international company, including an update of their money laundering and terrorism financing prevention system.
  • Acting for a company from the construction sector on the design and implementation of a criminal compliance programme and streamlining the matrix of company policies with Peruvian legislation.  

Hernández & Cía. Abogados

Hernández & Cía. Abogados draws together a multidisciplinary team to develop compliance programmes, internal audits and risk management in areas of criminal, administrative and corporate law, among others. It also handles internal investigations and crisis management and acted for Aenza (formerly Graña y Montero) in criminal proceedings related to the Lava Jato corruption scandal, securing the first plea agreement by a Peruvian company with the State authorities following a two-year process. The practice has both criminal and corporate law expertise at the helm in white-collar crime litigator Gonzalo del Río and corporate and banking partner Alfredo Filomeno. They are supported by a solid associate bench, among whom newly-promoted seniors Kris Maquin and Edward Calmet are noted.

Practice head(s):

Gonzalo del Río; Alfredo Filomeno

Testimonials

Experience, commitment and adaptability to customer needs.

Gonzalo del Río has extensive experience, flexibility and closeness to the client. Edward Calmet demonstrates experience and speed.

It is a team with highly dynamic specialists who adapt to the urgent needs of clients. They have the ability to analyse US laws and propose practical solutions when there are legal obstacles on the same issue.’

Gonzalo Del Río, criminal lawyer, is outstanding in negotiations with the public ministry.’

Key clients

Graña y Montero (now Aenza)

Universidad San Ignacio de Loyola

IPAE

Liderman

Hermes

HudBay

Puma

Unimar

Inmobiliaria Marítima (INMAR)

Work highlights

  • Advised Aenza (former Graña y Montero) on corporate crisis management.
  • Conducted an independent investigation in order to collaborate with the authorities in the Lava Jato case.
  • Originated and developed a criminal compliance programme for Universidad San Ignacio de Loyola, including staff training.