The application of Law No. 12,846/13, known as the Anti-Corruption Law, applies to all companies that practice harmful acts against national or foreign public administration.
As a mitigating measure to the severe penalties foreseen, the Law itself establishes that companies that have a Compliance program implemented according to their risks can have reduced penalties. The fine can range from 0.1% to 20% of gross sales in the year prior to the harmful act. The reduction factor resulting from the existence of a Compliance program may be from 1% to 4% of the fine amount.
The ten pillars that make up the Compliance program include:
- Sponsorship and Commitment by the Board
- Creation of policies, procedures and controls
- Code of Conduct, Ethics and Ombudsman Department
- Reporting and Investigation channels
- Effective training and communication
- Risk Management and Assessment
- Internal Control Activities
- Assessment, monitoring and continuous auditing
- Third-party monitoring
- Continuous improvement
PP&C has the expertise to advice on the implementation and monitoring of Compliance programs in accordance with the provisions of the Anti-Corruption Law.