The Compliance Forum Latam 2024, which will take place on December 4 in Montevideo, will bring together experts to exchange experiences between Latin America and the United States.
Within the framework of Corruption Prevention Week, and with the aim of promoting the development of regulatory compliance in Latin America, the Compliance Latam * platform will hold its first in-person event on December 4 in Montevideo, Uruguay . This is the Compliance Latam 2024 Forum, an international meeting that will bring together more than 100 leaders from Latin America and the United States to analyze the challenges they faced during 2024 and the foreseeable opportunities that the sector will have in 2025.
Rodrigo Albagli
“It will be a transformative forum, which will allow us to delve deeper into ethical dilemmas and the role of boards of directors from a practical perspective in light of the new regulations that will set the tone for 2025 in the region,” says Rodrigo Albagli , partner at Albagli Zaliasnik(AZ).
Carla Arellano , advisor at Ferrere Abogados, believes that the initiative arises as a consequence of the maturity and growth of Compliance Latam.
“It is a platform dedicated to promoting and disseminating the best corporate practices, organizational culture and regulation around the Compliance ecosystem. It is made up of leading firms from the region and the United States, as well as dozens of collaborators who have joined, recognizing the great potential it has. We have held several virtual events and have disseminated dozens of articles and guides on best practices in regulatory compliance on various topics, such as health, money laundering, personal data protection, corruption, antitrust and Fintech,” says Arellano.
Carla Arellano
This year, the Uruguayan firm proposed moving from virtual to in-person sessions so that different industry leaders and experts in the practice area have a common space to share their experiences and good practices.
“We proposed holding this first international forum in our Montevideo offices and the platform’s firms immediately agreed to this proposal. Regional experts will speak about the latest trends and challenges in Compliance at a regional level; and the meeting will offer an excellent opportunity to establish a wide network of contacts, connecting with professionals from law firms and the public and private sectors from all over the region. Our main objective is to contribute to strengthening a culture of ethical compliance in companies in the region,” says Carla Arellano.
Oscar Tutasaura
Oscar Tutasaura , partner at Posse Herrera Ruiz, highlights that the Compliance Latam Forum 2024 seeks to promote an environment of mutual learning, so that attendees can benefit from the experiences and approaches of their international colleagues.
“The knowledge acquired and the relationships established during the event will contribute to strengthening the culture of ethical compliance in companies in the region. For this reason, the forum will also allow us to generate professional relationships that can be enriching and collaborative for participants in the future,” predicts the Compliance expert.
Challenges for 2024 and opportunities for 2025
For Jeffrey A. Lehtman , partner at Miller & Chevalier, the three most relevant challenges for companies in the region this year have been: the political uncertainty generated by changes in priorities in the governments in power, compliance with laws in a complex regulatory context, and the management of resources destined to strengthen companies’ compliance programs, especially to integrate new technologies into internal control processes.
“In the United States, regulators have focused particularly on the region. In fact, through updates to their enforcement policies, they have pushed companies to strengthen their compliance programs to reduce the risk of non-compliance with the various applicable laws, such as anti-corruption, money laundering and economic sanctions laws. The guidelines of the last two years have focused on strengthening compliance programs through greater control over company data and information, including employee communications through instant messaging platforms; the need for a more robust incentive system, which rewards employees who comply with the laws and punishes those who do not; and the use of technologies and data analysis integrated into the various internal controls, such as the management of third parties and payments,” Lehtman summarizes.
By 2025, one of the central themes will be China’s growing influence in the region and the impact of US President-elect Donald Trump’s decisions.
“With the recent change of government in the United States and in some Latin American countries, it is still early to know what the priorities of these governments will be in terms of the level of attention they will pay to the application of anti-corruption laws and the impact this will have on the region. What could be expected, considering the global context and the position that the Trump government seems to take, is greater attention to the application of economic sanctions and import and export laws, including a special focus on cybersecurity. If this is the case, companies will have to focus on strengthening their compliance programs in terms of the security of their technological structures, data management and third parties,” analyzes the Miller & Chevalier partner.
Second episode of the az t Podcast of “ Rule The Rules ”, a space where the Director of the Compliance Group of az, Yoab Bitran , spoke with Ainhoa Pozzi , Legal Vice President at Aramark .
Ainhoa shared her vision of compliance and her practical experience in the field, offered practical examples and gave us a detailed account of her professional career.
In the first episode of the az t Podcast of “ Rule The Rules ”, a space where the Director of the az Compliance Group, Yoab Bitran , spoke with Mariano Gojman , Compliance Officer of Siemens.
From his regional role, which includes all Spanish-speaking countries in South America, Marinao shared his experiences and provided practical recommendations for companies, ideas on how to generate commitment with an organization’s employees and how to face a crisis.
The Specialized Unit for Economic Crimes, Environmental Crimes, Cybercrime and Money Laundering (ULDDECO) of the National Prosecutor’s Office organized a work day aimed at the study and analysis of economic crimes, which took place between October 8 and 10 in the city of Santiago.
As a result of this workshop, the “Quick Guide to Law No. 21,595 on Economic Crimes” was published, aimed at prosecutors and officials of the Public Ministry as a comprehensible and concise tool to facilitate their approach to the law.
It is worth noting that this guide has not only been useful for prosecutors in our country, but also for all those who make compliance their career, clarifying, without a doubt, some questions that arose from the law.
The guide outlines the most relevant aspects and changes brought about by the Economic Crimes Act, reviewing the four categories of crimes and the requirements that must be met in each of the categories for the application of the EDL in the commission of the crimes provided for in each of them.
In particular, this guide highlights its statement on third-category crimes, which refer to criminal types with a qualified active subject; that is, those that require that the person committing the crime be a public official or agent. The guide clarifies that, in these cases, the intervention as a co-author or accomplice could lead to the application of the principle of communicability to third parties who do not hold public office.
This issue remains controversial, as there are conflicting doctrinal theories on whether or not these crimes can be communicable, as well as jurisprudence that rules in both directions.
It is worth mentioning that, in Chile, although not in the area of economic crimes, the Supreme Court has applied the principle of communicability in cases of tax fraud, as observed in Case No. 17014-2015, condemning third parties involved as co-authors of the official crime.
The guide also explains some special rules contemplated in the LDE, the sanctions applicable to persons responsible for economic crimes, as well as
the mitigating and aggravating circumstances inherent in the law, the admissibility of alternative sentences, the determination of the fine and the imposition of disqualification sanctions in the context of the law.
The guide is, without a doubt, a must-read for all those involved in compliance, as it provides visual material that simplifies and systematises the law, making it accessible to everyone.
For more information on what actions your company or corporation should take to prevent crimes from being committed within it, we recommend that you consult our Compliance Group:
Rodrigo Albagli | Partner | ralbagli@az.cl
Yoab Bitran | Compliance Group Director | ybitran@az.cl
In the context of a large multinational corporation, implementing a compliance ambassador program is essential to ensure integrity, ethics and compliance across all of its global operations. This article explores the importance of this program, highlighting the need for capillarity and the main tasks that ambassadors perform. Involving employees in a voluntary participation process, with the approval of leaders, brings them closer and makes them feel part of the Compliance area.
In addition, ambassadors know the best way to communicate with their areas and contribute significant improvements to the Compliance processes, whether by resolving more specific queries and referrals from their colleagues, or by proposing personalized training or even changes to Guidelines and Procedures.
Compliance Ambassadors play a crucial role in promoting an environment of ethics and integrity. Their main tasks include:
1. Education and Training: Propose training sessions on compliance policies, code of conduct and best practices, ensuring that all employees understand their responsibilities. 2. Support for inquiries and requests: Serve as points of contact for compliance issues, promoting open dialogue and disseminating relevant information on ethical practices. 3. Disclosure and Engagement: Monitor and disseminate compliance activities in their areas, involving their colleagues and providing feedback and opportunities for improvement to the Compliance area.
Importance of capillarity
In large corporations, cultural diversity and the variety of local regulations require an approach adapted to regional realities. Therefore, capillarity in a compliance program is extremely important to map the needs and different forms of communication with all areas and levels of the organization, from headquarters to operational areas.
The presence of Compliance Ambassadors in various areas and levels of the company helps to:
1. Reinforce everyone’s responsibility: With ambassadors in different regions, we reinforce daily that the responsibility of maintaining an ethical and safe environment must be shared among all employees. 2. Bring Compliance closer to the business: A compliance ambassador program acts as a link between the Compliance area and the Company’s employees, promoting a culture of ethics and compliance. 3. Employee commitment: The presence of ambassadors in different areas creates an environment where employees feel more comfortable discussing concerns and reporting irregularities.
Conclusion
A compliance ambassador program is vital to the success of large multinational corporations. Through the proactive actions and reach of ambassadors, it is possible to create an organizational culture that values ethics and compliance. This not only minimizes legal and reputational risks, but also strengthens trust between employees, customers and stakeholders, positioning the company as a leader in corporate responsibility at a global level.
By Victor Alota I. Pereira, Compliance Specialist at Braskem.
