Peru FCPA lawyer
The Foreign Corrupt Practices Act (FCPA), 15 U.S.C. §§ 78dd-1 through 78dd-3, prohibits bribery of foreign officials to obtain or retain business. For companies and individuals with operations, supply chains, or counterparties in Peru — a nation with a significant extractive-industry economy and a developing anti-corruption framework — FCPA exposure can arise from routine business interactions: a customs clearance payment, a mining-concession facilitation fee, or a hospitality expense for a government contract decision-maker. Law Offices of SRIS, P.C., a US law firm founded in 1997, advises clients on FCPA compliance as it intersects with Peruvian business activity. For a consultation on Peru-related FCPA matters, contact our firm at (888) 437-7747.
What FCPA Compliance Covers for Peru-Related Business
The FCPA imposes two distinct obligations on covered entities: a prohibition on bribing foreign officials and a requirement to maintain accurate books and records with adequate internal accounting controls. The anti-bribery provisions at 15 U.S.C. § 78dd-1 (issuers), § 78dd-2 (domestic concerns), and § 78dd-3 (certain foreign persons acting in US territory) reach conduct that occurs partly or entirely outside the United States when a sufficient US nexus exists. Criminal penalties for individuals are set at up to five years imprisonment per anti-bribery violation under 15 U.S.C. § 78ff.
For Peru-related business, FCPA risk concentrates in sectors with high government touchpoints: mining and hydrocarbons, infrastructure and public procurement, customs and port logistics, and pharmaceutical or medical-device permitting. A US company with a Peruvian subsidiary, a Peruvian company listed on a US exchange or raising capital in US markets, and a US citizen or resident directing a Peruvian venture all fall within the FCPA’s jurisdictional reach. Peru maintains its own anti-corruption legislation, including provisions in the Peruvian Criminal Code addressing bribery of domestic and foreign public officials, and is a signatory to the Inter-American Convention against Corruption. An FCPA compliance program for Peru operations must account for both US and Peruvian law — the two regimes are distinct in their definitions of “foreign official,” their treatment of facilitation payments, and their enforcement mechanisms.
How Mr. Sris and His Of Counsel Network Approach Peru FCPA Matters
Law Offices of SRIS, P.C. provides FCPA advisory and compliance services grounded in US federal law, supported by foreign-jurisdiction Of Counsel who bring familiarity with Peruvian legal institutions and the local business environment. Mr. Sris, admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, serves as the responsible US attorney for FCPA matters. His role includes advising on the scope of the FCPA’s anti-bribery and accounting provisions, conducting internal investigations where potential violations are identified, designing compliance programs, and representing clients in voluntary disclosures to the Department of Justice and the Securities and Exchange Commission.
For the Peru-side dimension, the firm collaborates with Martín Mayandía, Of Counsel for Peru matters. Mr. Mayandía is admitted to practice law in Peru and is not admitted to practice law in the United States. His role is limited to Peruvian-law analysis — including the application of Peruvian anti-corruption statutes, the status of Peruvian government investigations, and the procedural requirements of Peruvian regulatory agencies — and to serving as a liaison for international clients working with the firm’s US-licensed attorneys. Where a matter requires representation before Peruvian authorities, Mr. Mayandía provides the Peru-law component while Mr. Sris and the firm’s US-licensed attorneys handle the FCPA and other US-law aspects. This division maintains strict jurisdictional separation and ensures that each attorney practices only within their respective admission.
About Mr. Sris and the Firm’s Of Counsel Network
Mr. Sris is the Owner and Founder of Law Offices of SRIS, P.C., a US law firm with an international clientele founded in 1997. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. As a former prosecutor, Mr. Sris brings an enforcement-perspective to FCPA compliance and white-collar defense matters. His legislative involvement includes testimony before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris has guided clients through cross-border regulatory challenges for more than two decades, with FCPA compliance representing a core component of the firm’s cross-border practice.
The firm’s Of Counsel network includes attorneys admitted in foreign jurisdictions who collaborate on matters where foreign law is implicated. For Peru-related engagements, Martín Mayandía serves as the firm’s Peru Of Counsel. Mr. Mayandía is admitted to practice law in Peru. He is not admitted to practice law in the United States. His work with the firm is limited to Peruvian-law analysis and liaison functions; he does not provide US legal advice and does not represent clients before US authorities. Law Offices of SRIS, P.C. is a US law firm, and Mr. Sriskandarajah is not admitted to practice Peruvian law. The firm does not currently maintain a location in Peru and does not provide legal representation under Peruvian law directly. If a matter requires Peruvian-law representation today, clients should consult an attorney admitted by the Colegio de Abogados de Lima (CAL).
Frequently Asked Questions
Does the FCPA apply to my Peruvian subsidiary or joint venture?
The FCPA applies to US issuers, US domestic concerns, and certain foreign persons acting in furtherance of a corrupt payment while in US territory — but its reach also extends to subsidiaries and joint ventures through theories of liability that include direct participation, authorization, and knowing circumvention. A US parent company may face FCPA exposure for the actions of its Peruvian subsidiary if the parent authorized, directed, or controlled the conduct, or if the parent’s officers or employees were aware of and disregarded a substantial probability of bribery. For Peruvian joint ventures where a US company holds a minority interest, FCPA risk depends on the degree of operational control and the US entity’s knowledge of the venture’s government-facing activities. Structuring a compliance program that addresses subsidiary and JV risk is a standard component of FCPA advisory work for Peru-facing businesses.
Are facilitation payments to Peruvian officials permitted under the FCPA?
The FCPA contains a narrow exception for facilitation or grease payments made to expedite routine, non-discretionary governmental action — but this exception does not extend to payments made to influence a discretionary decision. Routine governmental action under 15 U.S.C. § 78dd-1(b) includes processing visas, providing police protection, supplying utilities, and scheduling inspections, among other ministerial acts. A payment to a Peruvian customs official to release a shipment from a warehouse where it is being held pending routine documentation review may fall within the exception; a payment to the same official to avoid a tariff classification audit would not. Critically, Peruvian domestic anti-bribery law does not recognize a facilitation-payment exception, so even a payment that passes FCPA scrutiny may violate Peruvian law. Compliance programs must address both frameworks.
What penalties can an individual face for an FCPA violation involving Peru?
Under 15 U.S.C. § 78ff, an individual convicted of a criminal FCPA anti-bribery violation faces up to five years imprisonment per violation. Corporations face criminal fines of up to $2 million per violation, though fines exceeding the statutory maximum are common under the alternative-sentencing provisions of 18 U.S.C. § 3571(d), which permits fines of up to twice the gross gain or loss. The SEC may seek civil penalties, disgorgement, and officer-and-director bars in parallel proceedings. Individuals may also face debarment from US government contracting and suspension or revocation of export privileges. Peruvian authorities may pursue separate penalties under Peruvian law for the same underlying conduct.
How does Peruvian anti-corruption law differ from the FCPA?
Peruvian anti-corruption law, codified primarily in the Peruvian Criminal Code, criminalizes bribery of both domestic and foreign public officials, but its scope, enforcement mechanisms, and penalties differ from the FCPA in several important respects. Unlike the FCPA, Peruvian law does not impose separate books-and-records or internal-controls obligations beyond general corporate governance requirements. Peru does not recognize the FCPA’s facilitation-payment exception, meaning any payment to a public official — even for routine ministerial action — may constitute a criminal offense under Peruvian law. Peru’s enforcement agencies include the Fiscalía Especializada en Delitos de Corrupción de Funcionarios and the Contraloría General de la República, which operate within a civil-law framework distinct from the US adversarial system. Companies operating in Peru must design compliance programs that satisfy both statutory regimes simultaneously.
What should I do if I suspect an FCPA violation in my Peru operations?
If you suspect an FCPA violation in Peru operations, the immediate priorities are to preserve relevant documents, secure the integrity of internal communications, and consult US FCPA counsel before taking any action that could be construed as obstruction or spoliation. A structured internal investigation conducted under attorney-client privilege can determine the scope and nature of the potential violation. Depending on the findings, the firm may recommend a voluntary disclosure to the DOJ and SEC, which can substantially reduce penalties under the agencies’ enforcement policies. Parallel exposure under Peruvian law requires coordination between US and Peruvian counsel. For guidance on a specific Peru FCPA concern, contact Law Offices of SRIS, P.C. at (888) 437-7747.
Does SRIS represent clients before Peruvian enforcement agencies?
Law Offices of SRIS, P.C. does not currently represent clients before Peruvian enforcement agencies directly, as the firm’s attorneys are admitted in US jurisdictions and do not hold Peruvian bar admissions. For matters requiring representation before the Fiscalía Especializada en Delitos de Corrupción de Funcionarios, the Contraloría General de la República, or Peruvian courts, the firm collaborates with Martín Mayandía, who is admitted to practice law in Peru and is not admitted in the United States, or can refer the matter to independent Peru-admitted counsel. The firm’s value in Peru-related FCPA matters lies in its US-law advisory and compliance capabilities, with the Peru-law component coordinated through qualified Peru-admitted attorneys. To discuss the details of your cross-border Peru FCPA matter, contact Law Offices of SRIS, P.C. at (888) 437-7747.