The Anticorruption Office Resolution 27/2018 (the "Resolution") published yesterday, in the Official Gazette contains guidelines for companies to adapt their Compliance Programs as established in Sections 22 and 23 of the Law on Corporate Criminal Liability No. 27.401 ("Law 27,401").
The Resolution provides procedures very similar to international guidelines, that each company could use to design an adequate Compliance Program to prevent, detect and report corruption offenses, according to their commercial activity, their risk assessment and their organizational structure.
According to Law 27,401, legal entities may be sanctioned for the following corruption offenses: (i) national and transnational bribery and influence peddling, (sections 258 and 258 b Argentine Criminal Code - "ACC"); (ii) improper and unlawful transactions of public officials (section 265 ACC); (iii) illegal exaction committed by a public official (section 268 ACC); (iv) illicit enrichment of public officials and employees (section 268, subsections 1 and 2 ACC); and (v) false balance sheets and reports (section 300 bis ACC).
The guidelines contained in the Resolution give to both, the companies and the judges, very useful references to determine if the Compliance or Integrity Programs were tailored to each company.
Companies with intention to contract with government must have an adequate Integrity Program in accordance with Sections 22 and 23 of Law 27.401 (Section 24 of Law 27,401). In addition, and according to some media clipping, the Anticorruption Office would enforce the implementation of the guidelines included in the Resolution, to the companies with contracts with the government and/or in process to engage with the government in the execution of public works.
Although the Resolution clarifies that the recommendations are not mandatory, the companies willing to adapt their Compliance Programs can use the guidelines included in the Resolution, to adjust their compliance policies to Law 27,401 and prevent their exposure to criminal consequences and/or potential investigations related to corruption offenses.
Therefore, it is highly recommended to companies to adequate their Compliance Programs based on the guidelines included in the Resolution.