Movable Warranties Law - Part 1Law 1676 of 2013 that...
Compliance
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Our compliance services are aimed at facilitating businesses operating in Colombia to establish mechanisms for fulfilling their obligations and identifying risk factors. To achieve this, we assist our clients in risk mapping and the development of corporate governance programs and schemes.
Our expertise covers topics such as anti-corruption and anti-money laundering, competition protection, compliance with consumer standards, appropriate management of conflicts of interest, compliance with labor standards, handling of customs and exchange risks, privacy and data protection, environmental regulations, tax regulations, and compliance with specific sectoral regulations.
In constructing compliance programs, we seek to ensure that our advice goes beyond legal requirements, so that the culture of compliance becomes an organizational asset and a competitive advantage. For this, we also take into account the best industry practices and are able to advise our clients on the implementation of equity, inclusion and equality policies, as well as models that allow verification of compliance with human rights standards.
In addition to advising on program implementation, we provide compliance officer services and conduct legal audits and internal investigations as risk mitigation tools and early warning systems enabling timely decision-making.
We also support our clients in responding to regulatory authority requirements, handling surprise administrative visits, and advising them when facing investigations, from defining legal defense strategies and their implementation to negotiation within the framework of leniency programs and collaboration benefits.
With the increase in local and international regulations, a culture of compliance is essential for companies and their officials to avoid legal risks. Our practical experience enables us to support them in making decisions quickly and effectively.
Expertise
- Review, audit, and diagnosis of compliance programs and/or policies implemented by the company.
- Design and implementation of programs and systems for the prevention of money laundering, terrorism financing, and financing for the proliferation of weapons of mass destruction (AML/CFT).
- Due diligence on compliance programs in merger and acquisition (M&A) operations.
Advising on the integration of compliance programs in the post-merger and acquisition stages (M&A). - Assistance during the linking processes and due diligence of counterparties to determine, among other aspects, their risk levels.
- Advice and representation in sanctioning administrative processes derived from non-compliance with applicable regulations regarding the prevention of money laundering, terrorism financing, financing for the proliferation of weapons of mass destruction, corruption, and bribery.
- Training sessions aimed at compliance officers, boards of directors, legal representatives, and employees on compliance and risk prevention.
- Coordination and participation in internal investigations into alleged cases of corruption, bribery, money laundering, terrorism financing, financing for the proliferation of weapons of mass destruction, and/or non-compliance with corporate policies for their prevention.
- Design and implementation of programs and systems for the prevention of corruption and bribery risks for both commercial companies and non-profit entities (PTEE).
- Advice on labor and corporate measures applicable to officials involved in alleged cases of corruption, bribery, money laundering, terrorism financing, financing for the proliferation of weapons of mass destruction, and/or non-compliance with corporate policies to prevent such behaviors.
- Advice on correction and updating plans for previously implemented compliance programs and/or policies by the company.
- Review and drafting of contractual clauses focused on the prevention and mitigation of risks associated with corruption, bribery, money laundering, terrorism financing, and financing for the proliferation of weapons of mass destruction.
- Ongoing support to compliance officers during the performance of their legal and statutory duties.
- Assistance during the preparation and submission of Business Reports, Suspicious
- Transaction Reports, and Reports of Absence of Suspicious Transactions.
- Outsourcing of compliance officer services.
- Preparation, updating, and monitoring of legal requirements matrices in environmental matters, tailored to each client and focused on risk prevention and management.
- Internal and external environmental legal audits.
- Training and identification and compliance with environmental legal requirements.
- Identification and advice on compliance with environmental legal requirements applicable to projects, works, or activities.
- Review of the import and export declarations submitted by the company to the National Directorate of Taxes and Customs (DIAN).
- Analysis of the supporting documentation corresponding to each of the selected operations for review.
- Identification of potential errors in the completion of import and export declarations, which could entail a risk of sanction for the company.
- Identification of unfulfilled obligations and risks to which the company could be exposed in customs matters, related to the operations subject to review.
- Review of the tax declarations submitted by the company to the National Directorate of Taxes and Customs (DIAN) during the last 5 years, along with the corresponding payment receipts.
- Identification of possible breaches of formal obligations that could result in sanctions and late payment interests for the company.
- Development of programs for preventing inappropriate sexual conduct in workplace environments.
- Conducting investigations into inappropriate sexual behavior in workplaces.
- Investigation of inappropriate behaviors in the workplace, covering aspects such as abuse of trust, conflicts of interest, improper practices, and non-compliance with labor obligations.
- Implementation and management of a Occupational Health and Safety Management System (OHSMS) to ensure a safe and healthy work environment.
- Development of competition compliance programs.
- Policy drafting.
- Training sessions.
- Audits.
- Addressing inquiries from investigations and downrates.
- Internal investigations.
- Evaluation, audit, and diagnosis of privacy and data protection programs and/or policies implemented by the company.
- Due diligence on privacy programs in merger and acquisition (M&A) operations.
- Advice and representation in proceedings before the Superintendence of Industry and Commerce for non-compliance with applicable regulations regarding personal data.
- Training for senior management and employees on privacy and data protection issues.
- Support in managing information security incidents.
- Assistance in the creation and updating of the National Database Registry.
- Advice on international transfers and transmissions of data.
- Review, drafting, and preparation of privacy notices, consents, contractual clauses, among others, necessary in the field of privacy.
- Support to the Privacy Officer in compliance with their obligations.
- Identification and development of risk mitigation measures associated with behaviors that may lead to non-compliance with regulations, codes of ethics, or guidelines in the healthcare sector.
- Preventive verification of product labeling compliance in line with sanitary regulations and technical regulations.
- Advice for compliance with healthcare regulations regarding medicines and medical devices, including the clinical trial phase and post-marketing of products.
- Assessment of compliance with food health regulations, particularly regarding nutritional labeling, limitations on ingredient and additive inclusion, and front-of-package warning seals.
- Preventive analysis of product advertising to mitigate risks of non-compliance with health regulations.
- Accompaniment during official visits by Colombian authorities to verify compliance with health regulations and/or technical regulations.
- Advice and representation in sanctioning administrative proceedings arising from non-compliance with applicable health regulations, drug pricing regulation, transfer of value reporting, prepackaged product labeling, and metrology in prepackaged products.
- Support in the implementation process of compliance policies for Ethics and Transparency Codes.
- Representation in complaint processes for non-compliance with Ethics and Transparency Codes.
- Preparation and delivery of training for roles within the organization on compliance with health regulations and/or technical regulations.