Entities demand urgency in the regulation of the Clean Company Law
Six of the most influential civil society organizations in the country signed and sent a letter to the Presidency of the Republic addressing the importance of the federal regulatory decree of the Clean Company Law, which holds corporations accountable for corruption.
In the document, the signatories recognize the advances made in the public administration's integrity system in recent years, with the approval of the Clean Company Law (LEL) being one of the most important milestones in this process. However, the organizations warn that LEL needs to be regulated, so as not to leave legal loopholes that make it difficult, for example, to impose fines, adopt compliance by companies and enter into leniency agreements.
At the end of the letter, the entities also affirm that the promulgation of the decree will “unequivocally communicate to society and the market that the Presidency of the Republic gives fundamental relevance to the most important phase of any law: its effective implementation”.
This is the full text of the letter:
São Paulo, January 28, 2015.
To Her Excellency Dilma Rousseff,
President of the Federative Republic of Brazil
Ref. Regulation of Law No. 12.846 / 2013
Your Excellency, President of the Republic,
Our organizations, in a collaborative way, come through this letter to reinforce the importance of the federal regulation of Law nº 12.846 / 2013, the so-called Clean Company Law, which holds legal entities responsible for acts of corruption.
We recognize that Brazil has made great progress in recent years in improving its integrity system, which prevents and combats corruption. As an example, we can mention the creation of the Federal Comptroller General and the enactment of the laws on Transparency Portals, the Clean Record and Access to Information.
The approval of the Clean Company Law, which holds corporations accountable for acts of corruption, was another milestone in this process. However, since the entry into force on January 29, 2014, the law has not yet been regulated by the Presidency of the Republic, which is essential to avoid leaving legal gaps that hinder its implementation, due to the following aspects:
• Clarify the parameters that will be used to assess the effectiveness of companies' compliance programs. This item is essential because it can be a mitigating factor or an aggravating factor for the application of fines to the companies responsible.
• Define the responsibilities of each federative entity, and of their respective public agents, in establishing investigative and administrative processes, as well as the approach that will be taken at the state and municipal levels.
• Define the parameters for entering into leniency agreements, considering the involvement of all competent authorities, to avoid situations in which one authority does not honor the leniency of another.
• Communicate, unequivocally, to society and the market the relevance it gives to the most important phase of any new law: its effective implementation.
For our part, we will continue on our mission to promote the improvement of the national integrity system and to stimulate changes in business behavior towards transparency, integrity and the fight against corruption.
BM & FBOVESPA - Edemir Pinto (Chief Executive Officer)
Brazilian Business Council for Sustainable Development (CEBDS) - Marina Grossi (President)
Brazilian Institute of Competitive Ethics (Etco) - Evandro Guimarães (Executive President)
Ethos Institute of Business and Social Responsibility - Jorge Abrahão (Chief Executive Officer)
Group of Foundations and Companies Institutes (GIFE) - André Degenszajn (Secretary-General)
Brazilian Institute of Corporate Governance (IBGC) - Heloisa Bedicks (General Superintendent)
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