Peru FCPA counsel
The Foreign Corrupt Practices Act (FCPA), 15 U.S.C. § 78dd-1 et seq., is a US federal statute that prohibits bribery of foreign officials and mandates accurate books-and-records and internal-controls provisions for US issuers, domestic concerns, and certain foreign persons acting in US territory. For US companies, investors, and individuals with operations, subsidiaries, supply chains, or joint-venture partners in Peru, FCPA compliance presents a distinct set of risks that demand coordinated US–Peru legal guidance. Peruvian government procurement, natural-resource licensing, infrastructure concession contracts, and customs clearance involve contact with officials whose solicitations may fall within FCPA-prohibited conduct. Law Offices of SRIS, P.C., founded in 1997, advises clients on the US-law side of these cross-border anti-corruption matters. For guidance on your FCPA compliance obligations involving Peru, reach the firm at (888) 437-7747.
What the FCPA Covers for Businesses with Peru Operations
The FCPA imposes two distinct sets of obligations on US-connected entities doing business in Peru. First, the anti-bribery provisions prohibit offering, paying, promising, or authorizing anything of value to a foreign official—including Peruvian government officers, employees of state-owned enterprises, political-party officials, and candidates—for the purpose of obtaining or retaining business. The jurisdictional scope extends beyond direct US companies: the FCPA reaches US issuers, domestic concerns organized under US law or with a principal place of business in the United States, and foreign nationals or entities that take any act in furtherance of a corrupt payment while within US territory. A US parent company with a Lima-based subsidiary may face FCPA exposure for the subsidiary’s conduct if the parent authorized, directed, or knowingly disregarded the activity. Second, the accounting provisions require issuers to maintain books and records that accurately reflect transactions and to devise a system of internal accounting controls sufficient to provide reasonable assurance that assets are properly accounted for. A Peruvian subsidiary’s off-book payment to a customs broker, recorded as a consulting fee, can trigger both the anti-bribery and the books-and-records provisions simultaneously.
Peru’s own anti-corruption framework adds a parallel layer of legal risk that FCPA counsel must understand. Peru has enacted Legislative Decree No. 1352, which establishes corporate criminal liability for corruption offenses, and has strengthened its public-procurement integrity mechanisms. The Office of Foreign Assets Control (OFAC) administers separate US sanctions programs; as of 2025, Peru is not subject to comprehensive US sanctions, but sectoral sanctions, designation of specific Peruvian nationals, or restrictions tied to third-country regimes may intersect with a Peru-focused FCPA matter. FCPA enforcement actions involving Latin America frequently arise from conduct in the extractive industries, logistics and port operations, and government-contract bidding—all sectors in which Peru sees substantial US investment. A coordinated US–Peru legal strategy addresses both US statutory exposure and Peruvian administrative, civil, and criminal consequences, and the two regimes must be analyzed separately: FCPA is a US statute enforced by the Department of Justice and the Securities and Exchange Commission; the Peruvian framework is enforced by the Ministerio Público and the Contraloría General de la República.
How Law Offices of SRIS, P.C. Handles FCPA Matters Involving Peru
Law Offices of SRIS, P.C. serves as US FCPA counsel, advising on the US statutory framework while collaborating with Peru-admitted Of Counsel for matters of Peruvian law. Mr. Sris, Owner and Founder of the firm, is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. On an FCPA matter with a Peru nexus, the US-law dimension—including analysis of the anti-bribery and accounting provisions, assessment of jurisdictional reach, evaluation of the affirmative defenses and exceptions under 15 U.S.C. §§ 78dd-1(c), 78dd-2(c), voluntary disclosure considerations under the DOJ’s FCPA Corporate Enforcement Policy, and representation before US enforcement agencies—is handled directly by Mr. Sris and the firm’s US-admitted attorneys. For questions of Peruvian law—including the application of Legislative Decree No. 1352, the Peruvian Criminal Code’s corruption provisions, the evidentiary requirements before Peruvian courts, and engagement with Peruvian regulatory and prosecutorial authorities—the firm coordinates with its Peru-admitted Of Counsel. This division preserves the jurisdictional boundary: no US-admitted attorney in the firm practices Peruvian law, and no Peru-admitted Of Counsel practices US law.
FCPA due diligence on a Peruvian acquisition target, distributor, or joint-venture partner requires simultaneous US and Peruvian legal analysis. The US side evaluates whether the target’s historical payments to Peruvian officials create successor liability; the Peruvian side evaluates whether those payments violated Peruvian law and whether local statutes of limitation, amnesty provisions, or administrative sanctions apply. Internal investigations involving Peru-based employees, document collection from Peruvian servers, and interviews of Spanish-speaking witnesses in Lima require coordination with Peruvian counsel who understand local data-privacy rules, labor-law constraints on employee interviews, and the privileges available under Peruvian law. Law Offices of SRIS, P.C. brings extensive experience in cross-border internal investigations and works with its Of Counsel network to structure each engagement so the US–Peru legal division is clear from the outset. Fees vary by case; contact us for a consultation.
About Mr. Sris and the firm’s Of Counsel Network
Mr. Sris, Owner and Founder of Law Offices of SRIS, P.C., is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He founded the firm in 1997 and has built a cross-border practice that serves international clients with US legal needs, including FCPA compliance, internal investigations, and enforcement-defense matters. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His experience includes representing businesses and individuals in matters involving US federal regulatory agencies, and he serves as the responsible US attorney for all the firm’s website content under applicable US bar rules.
For matters with a Peruvian-law dimension, the firm collaborates with Martín Mayandía, Of Counsel for Peru. Mr. Mayandía is admitted to practice law in Peru. He is not admitted to practice law in the United States. His practice with Law Offices of SRIS, P.C. is limited to matters of Peruvian law and to serving as a liaison for international clients with US-licensed attorneys at the firm. The firm maintains its principal location in Virginia, by appointment only, and holds no location in Peru. Mr. Sris and his Of Counsel bring extensive combined legal experience to cross-border anti-corruption matters, with each attorney working within their respective licensure.
Frequently Asked Questions
What does the FCPA prohibit regarding business activities in Peru?
The FCPA prohibits US-connected persons and entities from bribing foreign officials—including Peruvian government officers—to obtain or retain business, and separately requires issuers to maintain accurate books and records and effective internal accounting controls. A US company doing business in Peru violates the anti-bribery provisions if it pays a Peruvian customs official to expedite a shipment where the payment is intended to influence an official act, secure an improper advantage, or induce the official to misuse their position. The FCPA also reaches payments to third parties—consultants, agents, distributors, or joint-venture partners in Peru—when the US party knows or has reason to know that the payment will be passed to a Peruvian official for a corrupt purpose. The accounting provisions independently require that any such payment be accurately recorded; disguising a bribe as a consulting fee or commission violates the books-and-records requirement even if the anti-bribery provision is not charged. For guidance on your specific FCPA compliance situation, reach Law Offices of SRIS, P.C. at (888) 437-7747.
Do I need both a US FCPA attorney and a Peruvian attorney for a compliance matter involving Peru?
Yes—a matter that raises both US FCPA exposure and Peruvian law questions typically requires coordinated counsel from both jurisdictions because each body of law is distinct and is enforced by different authorities. A US FCPA attorney analyzes whether conduct falls within the FCPA’s jurisdictional reach, evaluates the anti-bribery elements, assesses the books-and-records and internal-controls requirements, and advises on voluntary disclosure, remediation, and engagement with the DOJ or SEC. A Peruvian attorney analyzes whether the same conduct violates Legislative Decree No. 1352 or the Peruvian Criminal Code, assesses the risk of Peruvian enforcement action, and advises on local procedural requirements. The two analyses must be conducted in parallel because a disclosure to US authorities may have consequences in Peru, and defensive measures taken in Peru may affect the US enforcement posture. Law Offices of SRIS, P.C. handles the US FCPA side and coordinates with Peru-admitted Of Counsel for the Peruvian-law side. For a consultation on your cross-border matter, contact the firm at (888) 437-7747.
What penalties can result from an FCPA violation involving Peru?
FCPA violations carry substantial US criminal and civil penalties, including corporate fines, individual imprisonment, disgorgement of profits, and collateral consequences such as debarment from US government contracting and monitorship requirements. For corporations, criminal fines under the Alternative Fines Act can reach twice the gross gain or loss resulting from the offense; civil penalties may be imposed by the SEC. For individuals, willful violations of the anti-bribery provisions carry up to 15 years’ imprisonment per violation under 15 U.S.C. § 78dd-3, and willful books-and-records or internal-controls violations carry separate penalties. Peruvian law imposes its own sanctions—including corporate dissolution in egregious cases under Legislative Decree No. 1352—and a US enforcement action may trigger parallel Peruvian proceedings. The interaction between the two enforcement regimes is complex and requires careful coordination between US and Peruvian counsel. Results may vary; prior outcomes do not guarantee a similar result. To discuss the details of your situation, reach Law Offices of SRIS, P.C. at (888) 437-7747.
How does OFAC sanctions compliance relate to FCPA due diligence in Peru?
OFAC sanctions compliance is a separate legal obligation from FCPA compliance, but both intersect in cross-border due diligence because a Peruvian counterparty may simultaneously present corruption risk and sanctions risk. OFAC administers US economic sanctions targeting specified countries, entities, and individuals. While Peru is not subject to comprehensive US sanctions, specific Peruvian nationals or entities may appear on the Specially Designated Nationals (SDN) List, and sectoral sanctions tied to third countries—such as Russia or Iran—may affect transactions routed through Peru or involving Peruvian intermediaries with ties to sanctioned jurisdictions. FCPA due diligence and OFAC screening are distinct processes: the former examines whether payments to officials create bribery exposure; the latter examines whether the counterparty is subject to asset-freezing or other sanctions restrictions. Both should be conducted on any Peru-related transaction subject to US jurisdiction. For guidance on integrating FCPA and OFAC compliance in your Peru-facing operations, contact Law Offices of SRIS, P.C. at (888) 437-7747.
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Law Offices of SRIS, P.C. attorneys are admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm collaborates with foreign-jurisdiction Of Counsel attorneys on matters involving foreign law. No attorney in the firm or its Of Counsel network practices law in a jurisdiction where they are not admitted.
This website provides general information about Law Offices of SRIS, P.C. and does not constitute legal advice. No attorney-client relationship is formed by visiting this site or contacting us. The information on this site is general in nature and should not be construed as legal advice for any particular matter. Law Offices of SRIS, P.C. is a US law firm. Foreign attorneys collaborating with the firm are not admitted to the practice of law in any US state and their work is limited to matters of foreign law and to liaison roles with US-licensed attorneys.