There are already many Latin American countries that have introduced the criminal liability for the legal entity in their respective regulations.
This regulation It is a product of the different cases of corruption that have come to light in these countries, establishing this regulation as mandatory for both private and public companies.
FCPA Law
The above is reflected in the number of violations to the FCPA (Foreign Corrupt Practices Act) law that continue to increase in Latin America.
The FCPA law was issued in the USA in 1977 and has been gaining importance due to the fight against corruption that many countries around the world have been implementing, serving as inspiration for European and Ibero-American regulations.
Below we point out some of the main regulations in relation to regulatory compliance in some Latin American countries:
Chili
We meet Law No. 20,393 of 2009 of criminal liability of the legal entity for the commission of the crimes of money laundering, terrorist financing and bribery crimes against national or foreign public officials.
This is pioneering legislation in Latin America, even prior to the reform of the Spanish Penal Code.
Peru
The regulatory framework to highlight is Law 30,424, of April 21, 2016 where the bases of your compliance model are established.
Among the bilateral agreements signed with other countries, we find the Pact for Integrity and Struggle against Corruption signed with Sweden on June 8, 2017.
Colombia
Highlights the Colombian Anti-Corruption Statute of 2011. This is an administrative rule aimed at preventing the risk of corruption in public legal entities or persons, for which the figure of “the person responsible for internal control” is designed.
In addition, a regime of disqualifications is established not only as a sanctioning measure for those who attack public administration, but also to guarantee transparency within governments.
Brazil
Law 12,846/2013 (Corporate Anti-Corruption Law), aims to stimulate the practice of ethical business conduct, the fight against corruption, as well as the growth and development of Compliance programs.
The law against corruption It applies to companies, regardless of their legal form, whether foreign or domiciled in Brazil.
The concern of the Latin American authorities towards the fight against corruption is evident and in which they can be differentiated two streams regarding crime prevention, on the one hand, criminal intervention of the legal entity (Peru) and, on the other, the one who opts for one administrative intervention (Brazil and Colombia).
If you want to know more about these regulations and aspects of great importance, you can train with our Master in Compliance and Data Protection Management in EIP.
