ETCO publishes guide to good Compliance practices

ETCO-Brazilian Institute of Ethics in Competition has produced a guide with guidelines to help companies implement an effective integrity program. The objective is to disseminate good compliance practices and encourage the prevention of corruption in the country.

The publication, produced with technical consultancy from Machado Meyer Sendacz Opice Advogados, takes into account the requirements set out in the decree that regulated the Anticorruption Law. According to him, companies that adopt an effective integrity program may have reduced sentences if they are involved in acts of corruption.

The printed guide is being distributed at events on the Anti-Corruption Law and to opinion leaders. A digital version can be accessed at this address.

ETCO prepared this video on the topic.

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. 

How to make the code of ethics available to everyone

In an article published last week in Revista Exame, executives from International Paper, a pulp and packaging plant, taught how to apply a code of ethics and compliance within companies. Using four steps, the executives created a specific area to follow the theme. They noted that, after a few months, the number of complaints and collaborations had tripled. The company introduced this new code of ethics for all of its 6 employees in Brazil.

Source: Exame website (26/08)


To read the complete article, click here. 

Campinas receives Compliance Day

Event that brings knowledge about the Anti-Corruption Law to the interior of the country was supported by ETCO

The city of Campinas, the second largest in São Paulo, received the Compliance Day on August 26th. The event, which takes lectures on the topic for cities outside the Rio-São Paulo axis, was held by Legal Ethics Compliance (LEC) and it was supported by ETCO-Brazilian Institute of Competition Ethics.

The lectures addressed topics such as the need to adapt compliance programs to Law 12.846 / 2013, known as the Anti-Corruption Law, the role of information security and the criminal risks involved in corrupt practices. “Many companies think that, because they do not have a direct commercial relationship with the government, they are free from risk,” says Alessandra Gonsales, a partner at the law firm WFaria and LEC. "This is a mistake, as every business has some kind of relationship with the public authorities."

Among the speakers at the Compliance Day in Campinas were representatives of companies, such as Harold Artur Bouillon, director of compliance at Bosch, and lawyers specialized in the subject, such as Emerson Siécola de Mello and Carlo Huberth Luchione. The public was composed of 30 people, mostly executives from the legal and compliance areas of companies in the region.

The next Compliance Day will be in Belo Horizonte (MG), on October 8th. Information and registration this site.

Infographic shows the key points of an integrity program

ETCO - Brazilian Institute of Competitive Ethics prepared an infographic to support companies interested in developing integrity programs. The objective is mainly to help small and medium-sized companies, which tend to have less access to information on the topic.

In light and accessible language, the material provides guidance on aspects such as the identification of risks and the development of controls and standards of conduct. The material was carried out with technical consultancy from Machado Meyer Sendacz Opice Advogados.

The creation of integrity programs gained even more importance after the approval of Law 12.846, known as the Anti-Corruption Law, which establishes legal, administrative and civil responsibilities in cases of corruption practiced by private companies.

The subject has been a topic of interest to ETCO since before the law was passed two years ago. In 2012, for example, the institute organized its first seminar to discuss corporate corruption. Now, with legislation on the subject, ETCO fulfills its role of helping entrepreneurs and executives to implement good practices in their companies to guarantee business integrity.

The infographic is also available in PDF format.🇧🇷 See below for the electronic version of the material.

Compliance Day arrives in Campinas

On August 26, Legal Ethics Compliance (LEC) held the Compliance Day in Campinas. The event aims to disseminate information about the changes brought about by the new anti-corruption law and the importance of maintaining a good compliance program within companies. ETCO is one of the supporters of the event.

Date: 26 / 08

Time: from 9h to 18h

Location: Campinas, SP

Subscriptions by LEC website.