Peru Ley 30424
Peru’s Ley 30424 establishes administrative liability for legal entities involved in bribery and corruption offenses. For US companies with operations, subsidiaries, or business partners in Peru, compliance requires navigating both the Foreign Corrupt Practices Act (FCPA) and Peruvian anti-corruption law. Law Offices of SRIS, P.C. assists US-based clients with cross-border compliance, internal investigations, and due diligence involving Peru, working alongside Peru-admitted Of Counsel for local law matters.
Understanding Ley 30424 and Its Impact on US Businesses
Ley 30424, enacted in 2016 and subsequently amended, introduced corporate criminal liability in Peru for bribery of domestic and foreign public officials, influence peddling, and money laundering. The law applies to legal entities—including subsidiaries of US companies—and can result in significant fines, debarment from public contracts, and dissolution of the entity. Because the statute reaches conduct that may also violate the FCPA, US companies operating in Peru face overlapping enforcement risk.
For Peru-law matters, the firm collaborates with Martín Mayandía, Of Counsel, admitted to practice law in Peru (2009) and not admitted in any US state bar. His role is limited to Peru-law matters in collaboration with the firm’s US-admitted attorneys. The US-side analysis—FCPA compliance, internal controls, and voluntary disclosure to the Department of Justice and the Securities and Exchange Commission—is handled by Mr. Sris and the firm’s US-licensed attorneys.
How Law Offices of SRIS, P.C. Assists with Cross-Border Compliance
When a US company identifies potential bribery or corruption in its Peru operations, the response must be coordinated across two legal systems. The firm’s US-admitted attorneys evaluate the matter under the FCPA’s anti-bribery, books-and-records, and internal-controls provisions, while the Peru Of Counsel advises on the local implications of Ley 30424 and any related Peruvian criminal or administrative proceedings. This dual-jurisdiction approach helps clients address both enforcement regimes without creating conflicts or unauthorized-practice risks.
Mr. Sris and his Of Counsel bring extensive combined legal experience to cross-border compliance engagements. The firm assists with pre-acquisition due diligence, risk assessments, compliance-program design, and internal investigations. Every engagement is structured so that US-law advice comes from US-admitted attorneys and Peru-law advice comes from the Peru-admitted Of Counsel, maintaining strict jurisdictional separation.
About Mr. Sris and the firm’s Of Counsel Network
Mr. Sris, Owner and Founder of Law Offices of SRIS, P.C., is a former prosecutor admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He founded the firm in 1997 and has extensive experience in cross-border compliance matters. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the bill that became the 2019 revision to Va. Code § 20-107.3(g).
For Peru-related matters, the firm works with Martín Mayandía, Of Counsel, admitted to practice law in Peru (2009) and not admitted in any US state bar. His role is limited to Peru-law matters in collaboration with the firm’s US-admitted attorneys. Together, Mr. Sris and his Of Counsel provide coordinated cross-border counsel for clients whose legal needs span the United States and Peru.
Frequently Asked Questions
What is Peru Ley 30424?
Ley 30424 is Peru’s corporate anti-corruption statute, which imposes administrative liability on legal entities for bribery, influence peddling, and money laundering. Enacted in 2016 and amended in subsequent years, the law applies to both domestic and foreign companies operating in Peru. It allows Peruvian authorities to impose fines, debarment, and even dissolution of the entity. US companies with Peruvian subsidiaries or business partners should understand how Ley 30424 interacts with the FCPA.
How does Ley 30424 affect US companies doing business in Peru?
A US company that has a subsidiary, joint venture, or significant business relationship in Peru may be subject to both the FCPA and Ley 30424. Conduct that violates the FCPA—such as bribing a foreign official—may also trigger liability under Peruvian law. The dual exposure means that a compliance program designed only for US law may leave the company vulnerable to Peruvian enforcement. Coordinated US-Peru counsel helps address both frameworks.
Do I need both a US attorney and a Peru attorney for compliance matters?
Yes, because the FCPA and Ley 30424 are separate legal regimes enforced by different authorities. A US-admitted attorney can advise on FCPA compliance, internal investigations, and voluntary disclosure to US agencies. A Peru-admitted attorney is necessary to interpret Ley 30424, represent the entity before Peruvian authorities, and advise on local procedural rules. Law Offices of SRIS, P.C. provides the US-side counsel and collaborates with Peru-admitted Of Counsel for the local law component.
What should I do if my company discovers potential bribery in its Peru operations?
Promptly engage experienced cross-border counsel to assess the facts under both US and Peruvian law. The company should preserve documents, suspend any ongoing improper payments, and avoid taking actions that could be seen as obstruction. The US-admitted attorneys at Law Offices of SRIS, P.C. can guide the company through the FCPA analysis and, if appropriate, a voluntary disclosure to the Department of Justice and the SEC, while the firm’s Peru Of Counsel addresses the local law implications.
How can Law Offices of SRIS, P.C. help with cross-border compliance?
The firm assists US-based clients with FCPA due diligence, risk assessments, compliance-program design, and internal investigations involving Peru. Mr. Sris and the firm’s US-admitted attorneys handle all US-law aspects. For Peru-law matters, the firm works with Martín Mayandía, Of Counsel, admitted in Peru (2009) and not admitted in any US state bar. This structure ensures that each jurisdiction’s law is addressed by an attorney licensed there. To discuss your situation, call (888) 437-7747.
What is the FCPA and how does it apply to Peru?
The Foreign Corrupt Practices Act prohibits US companies and individuals from bribing foreign officials to obtain or retain business. It also requires issuers to maintain accurate books and records and adequate internal controls. Because the FCPA has extraterritorial reach, a US company that bribes a Peruvian official—whether directly or through an agent—can face criminal and civil penalties in the United States, even if the conduct occurs entirely in Peru. The firm’s US-admitted attorneys advise on FCPA compliance and defense.