What is it?
Compliance and compliance with the applicable regulations, through the implementation and application of internal policies, programs and procedures in accordance with the laws, regulations and standards, national or international, in force, which allow monitoring, identifying, alerting and reporting breaches of the law with the purpose of avoiding, reducing or mitigating risks for companies.
Background
- New Global Criminal Policy: Anti-Corruption Laws of Extraterritorial Application (Foreign Corrupt Practice Act of the United States, Bribery Act of the United Kingdom, SAPIN II Law of France, etc.).
- International Standard ISO 19600 - Compliance Management System (2015)
- C. International Standard ISO 37001 - Anti-Bribery Management System (2016)
- Federal Law for the Identification and Prevention of Operations with Resources of Illicit Origin
- and. New Criminal Justice System in Mexico
- F. National Code of Criminal Procedures.
Importance
Based on the national and international legislation in force, there is the obligation of legal persons to monitor, control and ensure due legal compliance with the applicable regulations, favoring the “health” of the company.
Legal compliance allows (i) to generate a culture of integrity and ethics in the Company and its employees; (ii) avoid economic sanctions; (iii) avoid damage to the image and reputation of the Company and its collaborators and (iv) train the employees and officials of the Company regarding how to act in the face of certain behaviors or situations that arise on a day-to-day basis according to the values , policies and guidelines of the company and the business.
Corporate Compliance
Establish the principles and norms of Corporate Governance that allow the Company to create a system of weight and counterweight for the proper functioning of the governing bodies (shareholders meeting, administration body and first level officials) in decision making. Likewise, regulation and implementation of policies in the granting of powers, investments of the company, conflict of interest, relations with related parties, contracts with Company officials, etc.
Commercial Compliance
- Government contracting policy
- Hiring policy with individuals
- Sales policy
- Purchasing and procurement policy
- Warranty Policy
- Price and discount policy
- KYC Policy
Compliance with Money Laundering
Evaluate if the Company carries out one or more vulnerable activities of those provided in the LFIPORPI to establish the procedure for identification and reporting of these before the FIU. Likewise, with respect to activities in which there are restrictions on the payment of cash provided for in said law.
Vulnerable Activities
- Games and raffles
- Issuance and commercialization of service, credit and prepaid cards
- Issuance and marketing of traveler's checks
- Offer of loan, mutual or credit with or without guarantees
- Real estate construction or development services and intermediation in the transfer of ownership or constitution of rights
- Marketing of Precious Metals
- Auction or commercialization of works of art
- Marketing or distribution of vehicles
- Shielding services
- Transfer or custody services of money or securities
- Independent professional services for resource management, bank account management, real estate sales, etc.
- Public Faith: transmission or constitution of real rights over real estate, granting of powers irrevocably, incorporation of legal entities, modification of assets, merger, spin- off, transferring ownership or guarantee trusts over real estate, granting of mutual or credit agreements and appraisals.
- Receipt of donations
- Foreign trade services
- Use and enjoyment of real estate
- Exchange of virtual assets.
Cash restrictions
- buying and selling of real estate
- sale of vehicles
- sale of watches, jewelry, precious metals and works of art
- tickets, contests or sweepstakes
- shielding
- sale of shares or social shares
- property leasing
Anti-Corruption Compliance
Implement the following policies in the Company according to the fundamental values of the Company and the activities in its usual operation:
- Anti-Corruption Policy
- Code of ethics
- Confidentiality and Information Management Policies
- Conflict of Interest Policy
- Transparency Policy
- Economic Competition Policy (agreements between competitors or economic people, pricing, exclusivities, exchange of information, since some monopolistic practices can be sanctioned with imprisonment).
Labor Compliance
- Labor Contracts in accordance with the LFT
- Internal regulations
- ContractCollective
- Non-discrimination Policies
- Personal data protection
- Use of Work Tools
- Access to employee communications
- Procedure of Administrative Acts and Sanctions
- Code of ethics
- Human Resources Policies
- Employee Records
Compliance with Personal Data
- Privacy Policy and Notice
- ARCO rights
- Procedure for obtaining, handling and saving personal data of employees, suppliers, customers, etc.
- Confidentiality agreements for employees, customers and suppliers
IP compliance
- Intellectual property rights policy: commissioned work (labor contracts and service provision contracts)
- IT policy (information technology)
- Use license policy
Compliance in Criminal Matters
Under the new National Code of Criminal Procedures, legal entities may be criminally liable for crimes committed by third parties, employees, representatives or administrators when the crime is committed on behalf of, for the benefit of the legal entity or through means provided by is; such as, influence traffic, bribery, fraud, cover-up, operations with resources of illicit origin, crimes against the environment, against health, crimes related to copyright and intellectual property, tax fraud, among others.
Legal persons are criminally liable when it is proved - in addition to the commission of the crime by their employees, administrators or representatives of the legal entity - the failure to observe due control.
There is non-compliance with due control when:
- There is no risk analysis by the Company of the crimes that could be committed.
- There is no manual describing the functions and responsibilities of the areas and officials of the Company involved in the prevention and identification of crime.
- There are no internal mechanisms for reporting crimes or, where appropriate, reporting to the MP.
- Lack of training for employees and collaborators of the Company regarding the prevention and identification of crimes.
- Lack of dissemination in the Company of its anti-corruption, money laundering, crime prevention policies.
- There are no effective internal control measures for the prevention and identification of operations with resources of illicit origin.
- There are no policies for administration and management of financial resources.
RECOMMENDATIONS
- Understand the business and operation of the same to analyze and determine risks for regulatory breaches.
- Determine application of national or international laws extraterritorial application.
- Promote a “know your customer” culture with customers, especially in business relationships, regardless of vulnerable activities.
- Constant training of employees in anti-corruption and crime prevention policies.
- Implementation of policies in the different fields of action and control mechanisms suitable and effective for their application.
