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On Wednesday, March 24, BH Compliance and BACS Abogados, held the first webinar of this 2021, to address the economic crimes bill being discussed in Congress and that brings important changes for the areas of Compliance in companies.

The webinar called “New standards of criminal liability of legal persons: a look from the Compliance“, had the presentations of the members of BACS Abogados José Pedro Silva and Miguel Schürmann, and the executive director of BH Compliance Susana Sierra, in addition to the special participation of the director of companies, Manola Sanchez.

On the occasion, the new parameters required by law 20.393 in relation to the progress of the economic crimes bill were analyzed. In this context, José Pedro Silva focused on the changes that the new regulation brings with respect to the current legal framework, highlighting the expansion of the catalog of crimes, as well as the expansion of the scope of application of the law, the circle of persons linked to its responsibility and the elimination of formalisms in compliance programs.

For his part, Miguel Schürmann analyzed the new compliance standards, emphasizing the importance of applying demanding rules in this area, beyond what the law says, since changes are constant and foreseeable. In addition, in relation to the elimination of formal methods to comply with the law in the implementation of crime prevention programs, the lawyer pointed out that the new regulations consider the risk matrix according to the line of business of the company. He also highlighted the widening of the circle of parties involved in criminal liability, considering intermediaries.

The Executive Director of BH Compliance, Susana Sierra, referred to the importance of implementing a true ethical culture of compliance, which goes beyond good intentions and is concerned with training its workers beyond the law, focusing on ethical cases, recognizing biases, promoting organizational leadership, increasing diversity and inclusion and measuring stakeholders, among other tasks, in order to promote real change.

Finally, Manola Sanchez spoke from her experience as a company director, emphasizing the importance of achieving values that remain in companies, the existence of a leader to prevent risks and, together with the directors, set an example for the rest of the organization. She also stressed the need to promote concrete actions, implementing good practices and understanding the importance of external experts looking at the processes implemented in the companies.

March 24, 2021