Plenary of Congress approved authorizing the Comptroller’s Office to request the lifting of banking secrecy and the tax reserve of officials

The Plenary of Congress approved, by 93 votes in favor and 14 abstentions, the bill that proposes the constitutional reform that aims to strengthen the fight against corruption within the framework of the lifting of banking secrecy and the tax reserve. With this, the second vote of this constitutional reform carried out in the following ordinary legislature, as indicated in the Constitution, was fulfilled.

The legislator Luis Valdez, president of the Constitution and Regulation Commission, indicated that the purpose of the proposal is the fight against corruption, money laundering and the financing of terrorism.

The measure proposes that in article 2, paragraph 5 of the Constitution, the right to banking secrecy and tax reform be modified and recognized in all people and the two new holders who could carry out the lifting of banking secrecy and the tax reserve that are the contralor general of the Republic and the Superintendent of Banking and Insurance and AFP, specifying that the comptroller can only collect the information of officials and servants who administer and manage funds of the State and of the organizations supported by it in the three levels of Government within the framework of an action of control.

The scope of the Comptroller’s Office and the SBS

The head of the parliamentary group affirmed that the superintendent of the SBS it can only lift bank secrecy for the specific purposes of financial intelligence. He added that given the reality that criminal practices so harmful to the State, such as money laundering, terrorism, corruption, at all levels of Government are not adequately detected or investigated or controlled.

“We must be aware that in Peru, 23 billion soles a year is lost only due to corruption, not to mention terrorism. Therefore, we must strengthen government control in the hands of the Comptroller, facilitating the necessary and timely access to sensitive economic information; In other words, the Comptroller’s Office is given an instrument that allows it to more efficiently detect cases of corruption and criminal misconduct by the servers that administer or handle State funds, “he stressed.

Valdez stated that the possibility is given to the Comptroller of an instrument that allows more efficient detection of cases of corruption and criminal misconduct of the servants and officials who administer and handle public funds.

“We are proposing this same mechanism to grant the Financial Intelligence Unit, which is part of the SBS, for the proper fulfillment of its financial information analysis work, given that we are talking about fundamental rights, some locks have been established to ensure the proper use of this collection of sensitive personal information, “he said. .

In this regard, the legislator Otto Guibovich (AP) asserted that 200 years have passed and an adequate legal framework has not been drawn up to decisively combat corruption. For his part, the parliamentarian Lenin Bazán (FA) expressed its disagreement with the proposal made by the Constitution Commission It considered that the Sunat, which is the collecting entity in charge of tax evasion, cannot be excluded, since the law empowers it.

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