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Regulatory compliance.

 

 

 

 

Compliance is the company's ability to meet legal and contractual requirements.  In "contrario sensu"  Compliance Risks  are those  in which the company may suffer legal or regulatory sanctions, financial, material or reputational losses as a result of non-compliance with laws, regulations, rules, standards adopted by the organization, codes of conduct and internal policies  according to the activities of each company. Compliance, being a multidisciplinary area, involves all those legal obligations that the company has to comply with, as well as the ethical standards to which it has voluntarily adhered through its policies and procedures.

 

Compliance policies have various purposes, but one of the essential ones is the prevention of corruption in organizations as well as their ethical behavior inside and outside the organizations, this generates a virtuous circle that extends to suppliers and third parties.

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Our holistic systems integrate: ethics, crime prevention; compliance with legal obligations encompassing criminal, environmental, labor, occupational health and safety, corporate, data protection and cybersecurity obligations, among others, in the same way, our familiarity with international standards ISO 37301:2021 and the quality systems within companies facilitate their implementation in an organic way.

 

Our risk-oriented approach generates a clear map of how, when and whom must comply with each obligation, leading to a significant reduction in: fines, administrative procedures, commission of both physical and computer crimes.

Our compliance service is a comprehensive system of solutions:

  1. Identifies the risks;

  2. We prioritize these;

  3. Current controls are evaluated to mitigate or prevent them;

  4. We execute actions and  mitigation measures;

  5. Once the actions and measures have been created, we elaborate the policies, procedures, sanctions, reviews;

  6. We monitor risks, promote reporting and whistle blowing channels;

  7. We continue the action plans, we create permanent training programs;

  8. We carry out process audits to guarantee the effective  implementation of the compliance program;

  9. The results are reported and  follow uo actions are generated to promote continuous improvement.

  10. We generate specific solutions for each type of company.

Cumplimiento TMEC

Compliance in Mexico as of July 2020.

  • Entry into Force of the T-MEC.

  • In December 2019, the modifying protocol of said treaty was released, the objective  was to re-design some chapters, general expressions, rules of origin and intellectual, labor and environmental property rights The T-MEC came into force the first July 2020.

  • Greater vigilance on compliance with laws,

  • The new treaty establishes a very robust framework to ensure the application of the competition laws of the parties; Coordination and cooperation between competition authorities in North America is strengthened and mechanisms are established to support the exchange of information, in order to identify, correct and sanction companies that do not comply.

  • A chapter dedicated to the fight against corruption.

  • Chapter 27 of the treaty emphasizes anti-corruption and establishes legal systems to prosecute crimes such as bribery, international bribery and embezzlement committed by companies and authorities of any party.The treaty contains fundamental elements that will help strengthen the prevention of crimes such as , embezzlement, misappropriation or diversion of property by a public official, protection of whistleblowers.

  • Promote ethical policies.

  • In the same chapter 27, companies are encouraged to adopt integrity policies. Section 27.5 of the regulation encourages the Participation of the Private Sector and Society to develop internal controls, ethics and compliance programs or measures to prevent and detect bribery and corruption in international trade and investment, in the same way it commits governments for companies to adopt sufficient internal audit controls to assist in preventing and detecting the crimes described in Article 27.3.1.

  • Strict controls on financial statements of companies.

  • The treaty establishes that each Party shall endeavor to encourage private companies to: .. "ensure that their accounting and required financial statements are subject to appropriate auditing and certification procedures."

  • The government will "encourage" compliance programs.

  • The T-MEC recognizes the benefits of internal compliance programs in enterprises to fight corruption.

  • In the same way, it obliges governments to "encourage" that companies, taking into account their size, legal structure and the sectors in which they operate, establish compliance programs in order to prevent and detect crimes.

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Compliance with NOM-035-STPS-2018.

 

 

A tangible example of compliance in Mexico is complying with NOM-035-STPS-2018, This standard represents a set of policies, documents, evaluations and practices to prevent and identify the psychosocial risk of workers in Mexico and generate an environment favorable labor law, it is an obligation and the revisions of this NOM come into effect on October 23, 2020.

NOM-037-STPS-2022.

 

 

Lleve a cabo el cumplimiento de esta norma que entrará en vigor el día 5 de Diciembre de 2023. Nosotros le gestionamos el cumplimiento de las 53 obligaciones que impone esta norma, para que usted no se preocupe.

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