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Compliance

Compliance program is a key to business ethics and transparency

01/16/2020 | 12h44

Crisis forecasting, mitigation of risks and damage to the company's image, regulatory and economic changes, and the requirement for greater transparency and legality in operations. All these factors lead us to believe that compliance is the new sensation of both public and private administrations, and is already seen as one of the main investments to be held as a criterion for contracting goods and services and control based on risk management.

The 4th edition of the Brazil Compliance Maturity Survey, conducted by KPMG Audit in 2019, found that only 3% of companies do not have a compliance area or equivalent. In 2015, this number was 19%. The reduction shows that companies are already mature on this matter.

In Public Administration is no different, governments are already more sensitive on the need to implement rules and actions that comply with ethical, moral and legal rules, and that determine more transparency in business. An example is Decree No. 39.736, of March 28, 2019, which determined the implementation of the Governance and Compliance Policy, signed by the Federal District Government (GDF). By establishing the obligation to practice, the GDF created the Public Governance Council, formed by the secretaries of state from all the secretariats of the region.

Also this year, through Law No. 6.308 of June 13, 2019, which amended Law 6,=.112 / 2018, companies that provide services or products to the Federal Government may be required to comply with the GDF Integrity Program, as well as those that will participate in future bidding processes. The set of mechanisms seeks to encourage transparency and legality in the processes of all organizations wishing to sign contracts with the Public Administration. The deadline for adjustments is until January 2020, under penalty of possible fines if organizations fail to comply.

At the National Congress, several bills and initiatives have some bearing on the implementation of ethics and transparency programs in public and private administrations. One of them is the State Law (13.303 / 2016), which establishes rules for bidding processes, procurement and business transactions involving public money.

Challenges for implementing compliance

In addition to financial resources and investments, the implementation of an integrity program must be well planned and putting it into practice requires technical knowledge and good articulation among all involved. If well structured, compliance already represents a major competitive resource, which puts the business ahead of others and enhances the growth and development of the institution, as Alfredo Dezolt, economist and CEO of UGP Brazil, a company specialized in contract consulting, bidding, and integrity programs.

In the economist's opinion, Compliance protects the Public Administration against financial losses and irregularities of operations, and for this reason has gained such importance. The practice is mainly aimed at combating the diversion of public funds and ensures transparency to business. "Compliance is fair, timely, and undeniably contributes to our society, and it is up to the Public Administration to define the means used and purposes to be achieved," he says.

Compliance: wave for those who know how to surf

Compliance with all laws and regulations is an arduous task, but necessary for any and all businesses to succeed, and this is true for both private and public companies. More than enhancing and ensuring the smooth running of companies, compliance represents a way to establish a new identity on organizations. Check out some tips for companies considering starting implementation:

- Formulate a code of ethics: establish initiatives and rules to determine the proper functioning of all business operations, including determinations of employee behavior and penalties for irregularities;

- Establish the transparency of all movements: this initiative is fundamental to show the external public compliance with the laws and rules, in accordance with the legislation;

- Create communication channels for complaints and suggestions: In the case of complaints, compliance rules recommend the participation of an external agent in the receipt of imputations;

- Implement goals that stimulate risk analysis and reduction: it is necessary to map the sectors of the company where failures are greatest to predict solutions;

- Hire experts who are familiar with compliance processes: Some technical procedures may be more laborious to implement, so you may need the help of technicians and analysts who can formulate the organization's rules and regulations;

- Establish well-defined roles and responsibilities for employees: You need to elect the professionals who will be responsible for developing fraud prevention, information and data security, risk management and auditing initiatives. In addition to those who will receive, analyze and investigate complaints, both internal and external.

 



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