Published and draft legislation - Peru

Regulating Electronic Money Payment Agreements

Circular 013/2016-BCRP

The Central Reserve Bank of Peru (BCRP), after considering the Payment Systems and Settlement of Securities Act, Law 29440, and Law 29985, already commented in Progreso 1 regulating the basic specifications of electronic money as a financial-inclusion instrument, has considered it advisable to issue Circular 013/2016-BCRP. The circular regulates “Electronic Money Payment Agreements” (hereinafter, “APDE”), to ensure that this new payment mechanism works properly.

The Central Bank has established the principles applicable to APDEs in order to guarantee reporting security, the risk control system and an adequate supervision of the system.

The regulation offers definitions and procedures for non-financial entities and financial institutions to enter into APDEs for managing transfers, payments and settlements of electronic money. It also sets out rules for clearing and settling the real money flows that underpin movements of electronic money. The rules establish, for example, that financial or non-financial signatories to an APDE must make transfers during specified times, just like the rest of the banking system.

Likewise, the regulation establishes the responsibilities of “APDE Administrators”, legally established entities that administer or manage APDEs. As well as the general obligations established in the regulation, their obligations specifically include: (i) complying with and enforcing the principles and regulations applicable to the APDE, (ii) drawing up the operating regulations of the APDE that must set out the policies, services, procedure and other activities covered by an APDE in order to ensure the proper interconnection and operational ability of the system in order to be able to reduce operating and other risks, (iii) administering the electronic money accounts recorded in the APDE, (iv) receiving and processing electronic money-transfer orders, (v) co-ordinating proof of continuity with the Central Bank at least once a year.

The circular also defines the responsibility of the “Participant Issuers”, issuers of electronic money that participate in an APDE, their role in the chain transferring the electronic money. They are held liable for monitoring the issuance process and enforcing obligations, and must therefore have the necessary systems infrastructure and comply with all the provisions of the APDE.

Finally, the rule requires that trust managers have to be able to open accounts in the Central Bank, in which to keep the assets of the electronic money trusts under management.