CGU disciplines procedures for corporate accountability processes

By ETCO
30/01/2019

Fight against corruptionLast Wednesday (8/04) edition of the Federal Official Gazette (DOU) brings two Ordinances and two Normative Instructions signed by the Chief Minister of the Comptroller General of the Union (CGU), Valdir Simão, who discipline routines and procedures for the accountability processes of companies involved in corruption cases. The edition of the rules complements Decree No. 8420/2015, which regulated Law 12.846 / 2013 (Anticorruption Law, and provides elements for the definition of fines applicable in each case by the commissions responsible for the accountability processes, which can reach 20% billing of companies.

Ordinance No. 909 defines criteria for evaluating integrity programs (compliance) of companies as a requirement for granting a reduction in the amount of the fine. The second publication, Ordinance No. 910, establishes the procedures for determining administrative responsibility and for entering into a leniency agreement within the scope of the Federal Executive Branch.

Normative Instruction No. 1/2015 defines what should be understood by gross revenue, the main element to be considered for calculating the fine provided for by law. The definition is made according to the tax profile of each company. The last publication made by CGU this Wednesday is Normative Instruction No. 2/2015, which regulates the registration of information in the National Register of Incidental and Suspended Expenses (CEIS) and in the National Register of Punished Companies (CNEP) by the bodies and entities the Executive, Legislative and Judiciary branches.

Source: CGU website (08/04)

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