Compliance Público: Acciones que deben realizar las Entidades Públicas en la Lucha Anticorrupción.
Published date | 14 March 2022 |
Author | Milagros Mendoza |
Law Firm | Rubio Leguía Normand |
La regulación en materia de prevención de lavado de activos y financiamiento del terrorismo (LA/FT) ha generado que escuchemos con fuerza el término compliance, el cual – en general- se define como la adopción de mecanismos para “identificar y clasificar los riesgos operativos y legales, disponiendo su prevención, gestión, control y reacción” (Definición de la World Compliance Association).
Limitar el término compliance únicamente a LA/FT es miope y dañino porque la prevención de riesgos debe ser una práctica habitual en todos los sectores económicos (y no únicamente los sujetos obligados por la normativa de prevención de LA/FT). Su implementación y ventajas abre posibilidades, eficiencias y ahorros importantes para las entidades privadas y públicas.
La corrupción es una tara que nos mantiene en el subdesarrollo. Ante ello, existe una política pública y normativa que se puede asimilar como compliance en materia anticorrupción. La más reciente es la Estrategia de Integridad del Poder Ejecutivo al 2022 para la Prevención de Actos de Corrupción, que prevé las siguientes acciones:
• Implementar mecanismos de diligencia debida para la designación y contratación de funcionarios, servidores y locadores.
•...
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