On October 4th, the Anti-Corruption Agency published integrity guidelines for better compliance with Law No. 27.401 (Corporate Criminal Liability Regime), through Resolution Nº 27/2018. Previously, the office had sought the opinion of experts and other stakeholders through a public consultation that took place between late July and August. Integrity or compliance programs are only mandatory for companies that have contracts with the Argentine government (Decree Nº 277/2018).
These recommendations provide technical guidance to companies, civil society organizations and other legal entities to adjust their structure and processes in order to prevent and mitigate corruption as well as implement compliance programs in accordance with the Corporate Criminal Liability Regime. Six steps are recommended in the document, including engagement, initial risk assessment, definition of acceptable level of risk exposure, program objectives, actions and resources, impact measurement, and communication.
The guidelines are based on articles 22 and 23 of Law 27.401, which define compliance programs as a mechanism to prevent and correct irregularities within a company that could lead to crimes against public administration or international bribery.