What is it about?
In April 2019, the Criminal Division of the U.S. Department of Justice issued the updated version of the “Evaluation of Corporate Compliance Programs” document, which is intended to assist and guide the effective implementation of a compliance program at a specific point in time.
These three key questions can be broken down into several topics:
Is the Compliance program well designed?
- Risk analysis according to the company’s line of business.
- Policies and procedures that guide the actions of employees.
- Training and communication based on risk, according to the position and exposure.
- Anonymous and confidential reporting channels to report eventual non-compliance.
- Clear investigation processes. Handling of third parties or third-party intermediaries.
Rules on Mergers and Acquisitions processes: Superintendence of Securities and Insurance
Has it been well implemented?
- Commitment by Senior Management.
- Person in charge of the Compliance Program.
- Autonomy and Resources of the Compliance Officer.
- Incentives and disciplinary measures.
Does the program actually work?
- Continuous improvement, audits and reviews.
- Investigation and response mechanism.
- Analysis of weaknesses and improvement measures.