Photo Credit: Radio Nacional
By Facundo Galeano, a Legal Fellow with CIPE’s Anti-Corruption and Governance Center
On July 1, 2017, Peruvian law n. 30.424 came into effect. It regulates the administrative responsibility of legal entities for the offence of transnational active bribery. In article 17.1, the law establishes that legal entities can be exempt from liability of the crimes if, prior to the commission of the crime, a compliance program is adopted and implemented in the organization. This new law is intended to help businesses reduce corruption related risks.
According to the new law, a compliance program must appropriately fit an organization’s nature, risks, needs, and characteristics, consisting of appropriate surveillance and control measures to prevent such crimes or to significantly reduce the risk of their commission. Article 17.2 lists all the minimum requirements needed for compliance programs and states that the requirements of the compliance program will be developed in the law’s regulation. Read More...