The national government regulated Law 27.401 on criminal liability applicable to private legal entities with national or foreign capital, with or without state participation.
The measure was announced through the Decree 277 / 2018 published this Friday (6.4.2018) in the Official Gazette.
According to the rule, "The aim of the regime is to make prevention and anti-corruption policies more effective. "through the generation of incentives for legal entities to prevent the commission of crimes against the Public Administration by implementing Integrity Programs."
In addition, the law aims to adapt "the Argentine penal system in terms of corruption crimes against the Public Administration and transnational bribery to the international standards to which Argentina has committed itself by adhering to the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions." Convention, signed within the framework of the OECD.
For the purposes of its implementation, the law on criminal liability for private legal entities provides: Integrity Programs consisting of internal actions, mechanisms and procedures for promoting integrity, supervision and control, to prevent, detect and correct illicit acts.
These Integrity Programs must contain elements such as: a) A code of ethics or conduct applicable to all directors, managers and employees; b) Specific rules and procedures to prevent illicit acts in the public sector; c) The implementation of periodic training on the Integrity Program
It also establishes in its article 3, "the existence of such an Integrity Program as a necessary condition for contracting with the National State"together with the rest of the documentation that makes up the offer, in the form and under the terms that the body issuing the call establishes in each contracting process.
The regulatory decree is signed by President Mauricio Macri, Marcos Peña and Germán Garavano
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