Compliance

Peru

The current regulations seek to encourage companies to work toward the prevention and control of internal corruption. For this reason, private companies can be sanctioned through fines, cancellations of licenses, closure of premises and even dissolution as a result of the acts of corruption of some of their members.

There are measures that companies can adopt to improve internal control in organizations and achieve business management that helps prevent the commission of crimes, as well as the promotion of ethical values, including the implementation of "Compliance Programs", also known as "Prevention Models". The early implementation of such programs would minimize the impact or even release the organization from administrative responsibility.

CMS Grau has a multidisciplinary team, specialized in implementing compliance programs in companies, formed by lawyers and engineers with whom we provide legal advice to our clients in the process of design, systems implementation, adaptation, and maintenance of a compliance program in order to manage the risks of corruption, money laundering and financing of terrorism, among other crimes, following an organized methodology and in accordance with internationally accepted practices. In this sense, we act through:

  • The contextualization of the organization that includes the review of processes, policies, systems and controls throughout its operation;
  • The design of maps, matrixes, controls, policies, and procedures, among others, that address the particularities of the organization.

The dissemination and training in corporate ethical values and the operation of the compliance program, when applicable. In addition, we provide legal advice in investigations generated within companies as a result of suspicions about the existence of irregularities; we perform due diligence procedures for the disclosure to all third parties with whom the company relates and we have a diagnostic audit service aimed at identifying the level of compliance of the company taking ISO 37001:2016 as a reference.

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    Implementation of compliance programs

    CMS Grau presents its clients with alternatives that allow the adequate implementation of a compliance program, starting from the initial diagnostic audit, which is a key element for the correct design of a compliance program.

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    Compliance Diagnostic Audit

    Every organisation has risk prevention measures in place, whether evident or not. In this regard, we have an audit service aimed at identifying first of all the level of compliance of the company and, once the system has been implemented, the gaps that must be filled for the subsequent certification audit of the anti-bribery management system in accordance with the ISO 37001:2016 standard.

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    Due diligence

    The greatest risk that companies are concerned about is their relationship with third parties or any other type of business partner. Our extensive experience in criminal and corporate matters enables us to understand the economic and reputational contingencies of this relationship and to identify the specific factors that may reflect on our clients from this relationship.

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    Maintenance of the Compliance Program

    Compliance Programs are mechanisms in constant evolution and development, subject to the dynamism of our legislation and this legislation, to the political, economic and/or social situation. This forces organizations to be constantly evaluating and updating the risks that affect them. 

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    Training

    As a direct result of the constant dynamism of the Compliance Programs, the need arises to educate our clients' collaborators about the risks from committing crimes that they may face both internally and externally.

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    Investigaciones internas

    We provide legal counsel in investigations generated within companies as a result of suspicions about the existence of irregularities that triggers alerts in the organization or for specific cases of whistleblowing collected via the complaints channel. 

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