Tag: GTCU

2th Clean Company Law Conference

In order to promote good business integrity practices, the Federal Comptroller General (CGU) promotes the 2nd Clean Company Law Conference, to be held on November 09th, 2015, Rio de Janeiro.

The event will be dedicated to rewarding companies approved on the list Pro-Ethical Company 2015 and to promote the discussion of topics related to the application of Law 12.846 / 13, in particular the adaptation of companies to the new regulatory framework and the encouragement of the creation of integrity programs in the private sector.

Date: November 9, 2015
Time: 9 hours
Location: Sistema FIRJAN - Federation of Industries of the State of Rio de Janeiro
Av. Graça Aranha, 1 - Centro, Rio de Janeiro - RJ

 

For more information, click here.

 

 

CGU launches integrity guide to assist companies in fighting corruption

Objective is to help private initiative to build and perfect policies for the prevention and detection of acts harmful to Public Administration, based on the Anti-Corruption Law

The Comptroller General of the Union (CGU) launches, this Tuesday (22), the guide “Integrity Program: guidelines for private companies”, With the objective of assisting the private sector in the fight against corruption. The publication explains the Integrity Program, present in the Anti-Corruption Law (Law 12.846 / 2013), and provides rules that can help companies to build or improve instruments aimed at preventing, detecting and remedying acts that are harmful to the Public Administration.

The document presents practical examples of anti-corruption conduct, such as bribery of national or foreign public agents, fraud in bidding processes, embarrassment of investigation or inspection activities by public bodies, entities or agents. The Guide also shows the five pillars of an integrity program: 1) commitment and support from senior management; 2) definition of responsible body; 3) profile and risk analysis; 4) structuring of rules and instruments; and 5) continuous monitoring strategies.

According to the chief minister of CGU, Valdir Simão, it is undeniable that the punishments and requirements established in the Anti-Corruption Law have brought to light important reflections on the role of companies in the fight against corruption. “However, more than avoiding possible penalties, companies must realize that investing in integrity is good for the business itself. Thinking about a healthy business environment makes it possible to evolve into a market where the ethical characteristics of companies become a differential in the corporate world ”, he explains.

The Guide is for guidance and does not have a normative or binding character. The described guidelines do not create rights or guarantees, whether they are related to the eventual analysis of integrity programs in the process of accountability or to any other process or procedure in the administrative or judicial spheres.

Anti-Corruption Law

A Law No. 12.846 / 2013Also known as Anti-Corruption Law, provides for the objective liability, in the civil and administrative scope, of companies that commit harmful acts against the national or foreign public administration. In force since January 2014, the standard is intended to punish companies involved in practices related to corruption, with fines of up to 20% of the company's annual gross revenue.

In 2015, the law was regulated to provide more legal certainty in acts, such as criteria for calculating the fine, parameters for evaluating health programs. compliance, rules for the signing of leniency agreements and provisions on the national registers of punished companies. Within Lava Jato, 29 companies have administrative responsibility processes underway at CGU, based on this new standard.

 

Source: Federal Comptroller General (22/09)

Click here to read straight from the source. 

Compliance: combating corruption and the social commitment of public and private initiatives

by Valdir Simão and Patrícia Audi

There is no way to fight corruption effectively if we do not think of a national construction, of a collective commitment to overcome this complex phenomenon, which considers not only social and cultural aspects, but also the way in which States, companies and individuals face the issue. Its harmful effects directly impact the lives of all those who dream of living in a country where efficient use of public resources can be translated into quality services, schools, hospitals and roads of excellence, and endowed with a vigorous productive sector, generating foreign exchange. and decent work.

There are unquestionable achievements in the fight against corruption since the 1988 Constitution: improvement of instruments of participation and social control, policies of public transparency and access to information, improvement in the institutional capacity to detect misconduct and dismiss employees involved in irregularities, approval of numerous legal instruments of criminalization. However, all these advances, combined with the strengthening of control institutions and mechanisms for detecting illicit acts, will not be sufficient in themselves if we do not also involve civil society and the private sector in this struggle. Preventive aspects and the implementation of integrity programs in companies that manage to mitigate risks and identify deviations are fundamental to the success of the policy to fight corruption.

In December 2010, during the celebrations of the International Day to Combat Corruption, the Comptroller General of the Union (CGU), in partnership with the Ethos Institute for Social Responsibility, instituted the Cadastro Empresa Pró Ética: initiative that seeks to encourage companies to adopt voluntarily mechanisms capable of preventing, detecting and resolving cases of corruption, deviations and fraud, and recognizing the best compliance practices, what we call the business integrity program.

Over time, new partners also believed in this idea and joined the Program, making up today its Steering Committee. They are: National Confederation of Industries (CNI), Brazilian Federation of Banks (Febraban), BM&F Bovespa, Ministry of Development Industry and Commerce (MDIC), Brazilian Trade and Investment Promotion Agency (Apex), Institute of Independent Auditors of Brazil (Ibracon), Brazilian Micro and Small Business Support Service (Sebrae) and, recently, Brazilian Institute of Competitive Ethics (ETCO).

During these years of existence, Pro Ética has been recognized and praised by experts, based on evaluations on the implementation of International Conventions to which Brazil is a signatory. In fact, for the Organization of American States (OAS), it is a “Good Practice” adopted by Brazil The Organization for Economic Cooperation and Development (OECD) considers it as “a positive effort by the Brazilian government” . According to the United Nations Office on Drugs and Crime (United Nations Office on Drugs and Crime - UNODC), "is one of the best examples of incentives for companies to voluntarily invest in anti-corruption programs and other measures that strengthen corporate integrity". External evaluations confirmed our expectations regarding the expected results and showed us that we are on the right track.

Based on the innovative concepts brought by Law 12.846 / 2013 (Anticorruption Law), the Program in 2015 was perfected and now also allows to evaluate integrity programs according to the profile of each company, considering characteristics such as size, sector in which it operates and degree of interaction with the public sector, an analysis even more focused on the reality of the candidate companies. In this perspective, micro and small companies will also be able to integrate the list of Pro Ética companies, as they will be evaluated according to their peculiarities.

To participate, the company must apply within a period established annually. The selection will be made from the responses to the evaluation questionnaire, according to the specifics described in the profile analysis of the company. At the end of each cycle, companies approved by the Management Committee will receive the Pró Ética brand, in an event organized by CGU and other partners. There will also be a publication with the best practices of the year in integrity programs, with a view to disseminating and encouraging the adoption of such measures by other companies, in addition to enhancing the visibility around companies.

The company that receives the “Pró-Ética” brand will be able to use it in its advertising materials, web pages and in its establishments, expanding the public recognition that is given to it by disclosing its name in the annual list of the referred Register.

It is important to note that all companies that participate in the assessment will receive a report with a detailed analysis of their integrity measures. Thus, even that company that is not yet able to be included in Pró Ética's annual list will be able to take advantage of the participation to improve its integrity program, based on the comments that will be part of the referred report or even through knowledge of best practices.

In this way, we intend to integrate this initiative into the annual calendar of the Brazilian business sector and consolidate it, definitively, as a reference for those who want to build and participate in a society whose business relations, especially those with the public sector, are based on integrity and ethics.

The companies win because of the public recognition that Pró Ética promotes, by investing in integrity, by saving resources that could be misappropriated. The governments themselves, because of the security in hiring companies notably concerned with integrity, which becomes a differential in the market. Mainly Brazil wins, in its daily struggle for ethics and against corruption, based on initiatives that promote structural changes in the relationship between the public and the private.

Valdir Simão, Minister of the Comptroller General of the Union

Patrícia Audi, Secretary of Transparency and Corruption Prevention

Fighting corruption is on the agenda of the federal government and the third sector

CGU and third sector representatives discuss fight against corruption
CGU and third sector representatives discuss fight against corruption

Strategies for strengthening the policy to prevent and confront corruption was the theme of the meeting between the Chief Minister of the Comptroller General of the Union (CGU), Valdir Simão, the National Secretary of Justice of the Ministry of Justice, Beto Vasconcelos, and representatives of the third sector, which took place this afternoon (30), in the auditorium of the CGU headquarters building, in Brasília.

Valdir Simão emphasized, during the meeting, that it is necessary to reflect on the public and private role in the fight against corruption. "Corruption is not just a question of character, it is also an opportunity and, to combat this, it is necessary to reduce the possibilities of acts of corruption and increase the feeling of risk of the action, detecting and punishing these acts quickly," said the minister.

Beto Vasconcelos highlighted that the CGU and the Ministry of Justice have acted strongly in the creation of public policies in the fight against corruption and taking important measures in the prevention and transparency. "We want to have even more channels of dialogue to build structural, continuous and unforgiving policies in this fight together", he said.

Some examples of actions and strategies are already in effect within the scope of the federal government, such as the Transparency Portal, the National Registry of Unfaithful and Suspended Companies (Ceis), the Federal Government's Covenant Management and Onlending Contracts System (Siconv) and the New Where is it.

Representatives of the Open Society Foundation, ETCO, Rede Nossa São Paulo, Amarribo Brasil, Instituto Ethos, Transparência Brasil, Inesc and Ibrademp participated in the meeting. Several proposals emerged in the debate, such as training on the Anti-Corruption Law (LAC), awards for preventive actions and communication campaigns to educate and deal with the issue with society.

The agenda of meetings on the topic will be continuous. “We need to listen and discuss more with civil society. The fight against corruption is not exclusive to the federal government, it depends on everyone ”, said Simão.

 

Source: www.cgu.gov.br (30/06)

CGU launches new registration format for companies committed to ethics

 

The Comptroller General of the Union (CGU) and the Ethos Institute today launch (7) the new format of Pró-Ética, an initiative that recognizes companies committed to integrity, transparency, prevention and combating corruption in the corporate environment and is supported by the Brazilian Institute of Competition Ethics (ETCO). Created in 2010, the register went through a restructuring process in 2014, based on changes brought about by the Anti-Corruption Law (Law 12.846 / 2013).

One of the novelties is the new evaluation methodology. From now on, each organization will be evaluated annually, based on a previous profile analysis, followed by a questionnaire with open questions. Before, the questions followed the yes or no model. The amendment aims to deepen the qualitative examination of the integrity measures adopted by companies.

Another novelty is the disclosure of the list of companies covered by the Pró-Ética brand, which will be made annually. This list will be released at an event, where the best integrity practices presented during the year will also be valued and disclosed.

ETCO supports this initiative, insofar as it collaborates for the adoption, by the private sphere, of the commitment of companies to articulate themselves as true schools of ethical behavior, through the development of internal codes of conduct and transparency

“ETCO is confident that companies can disseminate the concept that the development and implementation of codes of ethics are capable of preventing misconduct that erodes the business environment” analyzes Heloisa Ribeiro, executive editor of ETCO.

Any corporation, regardless of size and field of activity, can apply to join Pró-Ética. Membership is voluntary. Registration must be made on the Controllership website between May 7 and July 31. Applications will be evaluated by a management committee, chaired alternately by CGU and the Ethos Institute, and composed of eight more institutions from the public and private sectors recognized in the business community.

All evaluated companies will receive a report with detailed analysis of the integrity measures. Thus, even if the company is not yet able to be included in Pró-Ética's annual list, it can take advantage of the initiative to improve the integrity program. Details on the evaluation and the functioning of the register can be consulted in the Regulation.

 

How the assessment is made

First, the company fills out an electronic form, showing interest, on the CGU website. Then, the system access password is sent, where the profile analysis and the evaluation questionnaire for completion are available.

The responses to the profile analysis are declaratory, without the need for documentary evidence, and provide for the area of ​​operation, structure, relationship with the Public Administration. The questionnaire, made with open questions, addresses six areas: commitment from top management and commitment to ethics; policies and procedures; communication and training; reporting and remediation channels; risk analysis and monitoring and transparency and accountability in political and social financing.

For each question, there is a score. The company must send supporting documents for each response, which will be evaluated by the management committee. The corporation that reaches a score equal to or above 70 points and, cumulatively, reaches a minimum of 40% in all areas of the questionnaire will be able to compose the Pro-Ethics list for that year. After approval, the company signs a commitment to ethics and integrity and becomes a Pro-Ethics company.

 

Pro-Ethics 2015

Registration period: from May 7 to July 31

Information and registration: www.cgu.gov.br

 

CGU launches new registration format for companies committed to ethics

Pro Ethics

The Comptroller General of the Union (CGU) and the Ethos Institute today launch (7) the new format of Pró-Ética, an initiative that recognizes companies committed to integrity, transparency, prevention and combating corruption in the corporate environment and is supported by the Brazilian Institute of Competition Ethics (ETCO). Created in 2010, the register went through a restructuring process in 2014, based on changes brought about by the Anti-Corruption Law (Law 12.846 / 2013).

One of the novelties is the new evaluation methodology. From now on, each organization will be evaluated annually, based on a previous profile analysis, followed by a questionnaire with open questions. Before, the questions followed the yes or no model. The amendment aims to deepen the qualitative examination of the integrity measures adopted by companies.

Another novelty is the disclosure of the list of companies covered by the Pró-Ética brand, which will be made annually. This list will be released at an event, where the best integrity practices presented during the year will also be valued and disclosed.

ETCO supports this initiative, insofar as it collaborates for the adoption, by the private sphere, of the commitment of companies to articulate themselves as true schools of ethical behavior, through the development of internal codes of conduct and transparency

“ETCO is confident that companies can disseminate the concept that the development and implementation of codes of ethics are capable of preventing misconduct that erodes the business environment” analyzes Heloisa Ribeiro, executive editor of ETCO.

Any corporation, regardless of size and field of activity, can apply to join Pró-Ética. Membership is voluntary. Registration must be made on the Controllership website between May 7 and July 31. Applications will be evaluated by a management committee, chaired alternately by CGU and the Ethos Institute, and composed of eight more institutions from the public and private sectors recognized in the business community.

All evaluated companies will receive a report with detailed analysis of the integrity measures. Thus, even if the company is not yet able to be included in Pró-Ética's annual list, it can take advantage of the initiative to improve the integrity program. Details on the evaluation and the functioning of the register can be consulted in the Regulation.

 

How the assessment is made

First, the company fills out an electronic form, showing interest, on the CGU website. Then, the system access password is sent, where the profile analysis and the evaluation questionnaire for completion are available.

The responses to the profile analysis are declaratory, without the need for documentary evidence, and provide for the area of ​​operation, structure, relationship with the Public Administration. The questionnaire, made with open questions, addresses six areas: commitment from top management and commitment to ethics; policies and procedures; communication and training; reporting and remediation channels; risk analysis and monitoring and transparency and accountability in political and social financing.

For each question, there is a score. The company must send supporting documents for each response, which will be evaluated by the management committee. The corporation that reaches a score equal to or above 70 points and, cumulatively, reaches a minimum of 40% in all areas of the questionnaire will be able to compose the Pro-Ethics list for that year. After approval, the company signs a commitment to ethics and integrity and becomes a Pro-Ethics company.

 

Pro-Ethics 2015

Registration period: from May 7 to July 31

Information and registration: www.cgu.gov.br

Submission of leniency agreements to TCU needs clarification

On February 11, the Federal Audit Court issued a normative instruction (IN 74/2015) making it mandatory for the prior submission, to TCU itself, of leniency agreements entered into within the scope of the Federal Public Administration by the Federal Comptroller General, under terms of Law 12.846 / 2013, the already known anti-corruption law. Considering that the TCU, with limited human and technological resources, is already in charge of an enormous amount of work - supervising the use of all federal public resources -, it is not uncommon, even, that criticisms are directed to him for the slowness of his ordinary office , for what reasons should this function be attributed more to TCU?

 

Source: Conjur (23/02)

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Federal Comptroller General has a new Chief Minister

Valdir Moysés Simão, new Chief Minister of the Comptroller General of the Union (CGU)
Valdir Moysés Simão, new Chief Minister of the Comptroller General of the Union (CGU)

The new Chief Minister of the Comptroller General of the Union (CGU), Valdir Moysés Simão, took office on January 2, receiving the post of former minister Jorge Hage Sobrinho, who spent eight years at the head of the institution. Hage participated in several events with ETCO, especially in discussions about fighting corruption.

In his speech, Simão stated that the CGU “has gained credibility and respect from the Brazilian people in twelve years of activity, having inserted the theme 'Prevention and Combating Corruption' on the country's public agenda irreversibly”. He assured that the body will be "unforgiving" with those who practice corruption. He also paid tribute to his predecessor: "A great country is made with the work of great women and great men, and Minister Jorge Hage is one of them."

Jorge Hage, for his part, defended a political reform to avoid corruption and also a reform in the judicial process to end the slowness of Justice, which "feeds the feeling of impunity that we need to overcome". In taking stock of his management, he said that in the last few months, more than 30 lawsuits have been filed against Petrobras directors, former officers and employees, in addition to nine lawsuits against companies suspected of fraud and bribery payment.

Simão, graduated in Law and tax auditor for the Federal Revenue for 27 years, chaired the National Institute of Social Security (INSS), from 2005 to 2007 and from 2008 to 2010. During the past year, he was executive secretary of the Civil House. Previously, for seven months, he coordinated the Digital Office of the Presidency of the Republic. From 2011 to 2013, he was executive secretary of the Ministry of Tourism.