Comments

Said Ruling regulates the Register of Corporate Integrity of those legal entities interested in registering and have Anti-Corruption and Fight of Undue Practices Policies, with the purpose of recognizing them through a Distinction that will be granted by the Ministry of Public Function for having accredited that their Integrity Policies comply with the provisions set forth in the General Law of Administrative Liabilities.

The Ruling states the requirements for legal entities to obtain the registration and such Distinction, as well as what are the obligations that they must observe and comply with, among others.

It should be noted that they are extenuating in order to impose a sanction on a legal entity according with the General Law of Administrative Liabilities if they have Anti-Corruption and Fight of Undue Practices Policies within their regulations.

We consider it relevant that the legal entities obtain the registration in the aforementioned Register and Distinction, since it will provide them with publicity, certainty, and security before third parties, evidencing that they have established self-regulatory mechanisms that include the implementation of internal controls and integrity programs that allow them to ensure the development of an ethical culture within your organization.

In other words, they are legal entities that promote good practices through their integrity programs and anti-corruption and fight of undue practices measures, so their daily activities and operations are always involved in the fight against corruption.

Recommendations

It is imperative for legal entities to have policies, mechanisms and instruments (e.g. control, monitoring and audit procedures; whistleblowing; training procedures, etc.) regarding Anti-Corruption and Fight of Undue Practices, or carry out a due diligence in order to verify their level of compliance and, if applicable, carry out the necessary preventive and/or corrective improvement actions, which will generate value and enhance their reputation.

If you have any questions regarding the foregoing, please do not hesitate to contact us. 

Mexico City, November 10, 2022

The USCMA states several Chapters that contain innovative, agile, and modern provisions. However, such provisions turn out to be very demanding when seeking to transparent and strengthen trade, fair competition, and investment in the region, aiming to be consistent with the global reality among international trade relations. Among others, the regulations regarding labor, environment and digital trade stand out, and especially the anti-corruption regulation.

Chapter 27 “Anti-Corruption” of the USMCA is applicable to measures to prevent and combat bribery and corruption, making it essential that the Parties establish measures for the private sector to adopt and disseminate policies, guidelines and protocols that establish controls, and ethics and compliance programs for preventing and combating corruption in matters affecting international trade or investment, and to raise public awareness regarding the existence, causes, and gravity of corruption, and the threat posed by it.

Comments

The Anti-Corruption Compliance has a fundamental role in providing the necessary instruments so that the conduct of all the members of an Organization are invariably governed by its ethical values and principles, thus its actions will be fair, honest and always according to the law, seeking to safeguard the actions and responsibilities of the legal entity, detecting and correcting improper practices and promoting its reputation, which turns out to be an institutional intangible that represents a huge value.

This is not new for Mexico, since the 2015 constitutional amendment established the bases of a new legal order in order to prevent, detect and punish acts of corruption derived from the administrative liabilities of public officials, as well as by acts of individuals or legal entities linked to serious administrative responsibilities committed by such public officials.

Recommendations

It is essential to review and analyze, and if applicable to develop an Anti-Corruption Compliance in the legal entity in order to have the necessary integrity policies and that have an important level of penetration in the Organization.

Our Firm has been recognized for design and implement the foundations and structures for legal entities to have an accurate and proper Anti-Corruption Compliance considering the best international practices in this matter.

If you have any questions regarding the foregoing, please do not hesitate to contact us.

Mexico City, June 30, 2020