COMPLIANCE

Systematic set of efforts made by the members of the company to ensure that their activities within the framework of the corporate business do not violate the applicable legislation.

It contains aspects related to the organizational structure, distribution of responsibilities, procedures and resources used to identify, prevent, control and monitor risks, as well as to sanction and report them when they are materialized.

Compliance as cross-sectional area:

  • Banking, Financial and Capital Markets.
  • Infrastructure and Projects.
  • Public Law.
  • Competition.
  • Corporate M/A.
  • Energy, Mining and Natural Resources.
  • Real Estate.
  • Labor Law.
  • Intellectual Property.
  • TMT.
  • Corporate Environmental and Sustainability.
  • Criminal Law.
  • Tax Law.

The Compliance area is led by well-known experts in corporate criminal law and corporate investigations, with more than 25 years of experience. The team has an interdisciplinary approach, which allows them to satisfy the needs of our clients, using their comprehensive knowledge of business and risk control.

We have been pioneers in advising companies on the implementation of best business practices, legal and regulatory compliance and mitigation of the risks inherent in economic and criminal activity, as well as the management of operational, legal and reputational contingencies.

Compliance Services:

  • Risk analysis.
  • Advisory for controlling internal criminal contingencies.
  • Corporate investigations in cases of misconduct.
  • Anti-Bribery and Corruption Programs (ABC Programs).
  • Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT Programs)
  • Implementation and enforcement of Compliance Programs and best business practices.
  • Cross contamination risk analysis.
  • Legal opinion regarding debarment from bidding and contracting with the Colombian State.
  • Reinforcement of compliance programs for state/public contracts, foreign investment, mergers, acquisitions and sales.
  • Due Diligence and Compliance Checks Reports
  • Crime prevention.
  • Cybersecurity.
  • Management of Conflicts of Interest.
  • Data protection and privacy.
  • Biosafety protocols.
  • Training of managers and employees on Compliance-related matters.

Taylor-Made Products:

  • Compliance Programs.
  • Internal codes and policies.
  • Drafting of Protocols and Guides.
  • Drafting of AML/CTF safeguard clauses.
  • Drafting of safeguard clauses for forfeiture prevention (extinción de dominio).
  • Review of contracts and clauses for employees, third parties and suppliers.

Training and awareness Programs:

  • ABC and AML/CFT training
  • Compliance and Ethics training.
  • Risk assessment and contingency prevention in business.
  • Forfeiture risks in business.
  • How to prevent administrative sanctions for inefficient or inadequate AML/CTF and ABC policies and how to prevent crimes from omission of controls.
  • Omission as source of criminal and administrative liability.
  • Companies’ liability based on the commission of crimes in or through the company.
  • Criminal and civil liability of Legal Representatives, Board of Directors, CEOs and other managers by action or omission of their duties.
  • Legal Representative liabilities and duties.
  • Compliance Officers liability.

Lawyers

Pablo Antonio Aguayo

Lawyer

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Competition, Compliance

Chile

pablo.aguayo@ppulegal.com

Pamela Alarcón

Partner

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Compliance, Criminal Law

Colombia

pamela.alarcon@ppulegal.com

Gabriel Budnik

Director

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Competition, Compliance

Chile

gabriel.budnik@ppulegal.com

Catalina Comandari

Lawyer

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Competition, Compliance

Chile

catalina.comandari@ppulegal.com

Manuel Fernández

Lawyer

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Compliance, Criminal Law

Perú

manuel.fernandez@ppulegal.com

Juan Carlos Forero

Partner

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Compliance, Criminal Law

Colombia

juan.forero@ppulegal.com

Armando Lacouture

Lawyer

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Compliance, Criminal Law

Colombia

armando.lacouture@ppulegal.com

Natalia Moreno

Lawyer

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Compliance, Criminal Law

Colombia

natalia.moreno@ppulegal.com

Daniel Ramos

Partner

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Compliance, Criminal Law

Perú

daniel.ramos@ppulegal.com

Paola Silva

Lawyer

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Compliance, Criminal Law

Colombia

paola.silva@ppulegal.com

André Sota

Lawyer

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Compliance, Criminal Law

Perú

andre.sota@ppulegal.com