The conservation and protection of the Environment is a problem that affects all citizens. In recent times, national and international organizations have been developing environmental standards.
Our Constitution in its Art. 45, declares that:
- Everyone has the right to enjoy an environment suitable for the development of the person, as well as the duty to preserve it.
- The public authorities shall ensure the rational use of all natural resources, in order to protect and improve the quality of life and defend and restore the environment, relying on the indispensable collective solidarity.
- For those who violate the provisions of the previous section, under the terms established by law, criminal or, where appropriate, administrative sanctions will be established, as well as the obligation to repair the damage caused.
At present, any natural or legal person can report any possible crimes against the Environment to the competent authorities:
Attacks against Flora and Fauna.
- Animal abuse.
- Illegal trafficking of protected species.
- Introduction of exotic species.
- Poaching and poaching.
- Use of prohibited arts
Emission of illegal spills.
- Uncontrolled and illegal spills in atmosphere, water, soil and subsoil.
- Clandestine landfills.
- Emission of harmful radiation.
- Lack of authorizations related to the Environment.
Illegal use of resources.
- Prohibited actions in protected areas.
- Illegal use of natural resources or during periods of restriction.
- Illegal works and buildings.
Inves Compliance advises its clients in improving their strategy in order to increase the use of renewable energy and minimize the cost of the life cycle of their assets, which will help the company in the achievement of its economic and environmental objectives. Our experts develop conclusions and recommendations to take into account in decision making.
Legal advice and energy and business advice services are offered. With them the advice is sought in matters of risk management, performance improvement and optimization of business operations, all maintaining the results. These works are aimed at guaranteeing energy efficiency, saving on energy generation costs and complying with current legislation.
Money laundering, corruption and bribery create a significant risk to the reputation of any company that, without knowing it, could become involved with organized crime.
InvesCompliance offers comprehensive advice on the PBC (Money Laundering Prevention) Act, its development regulations and other legal regulations applicable in the following areas:
Regarding the obligations imposed by the Law and its Regulations, structure and volume of business:
- General training on legal and specific obligations according to business risk before SEPBLAC (Commission for the Prevention of Money Laundering and Monetary Offenses)
- Advice and / or preparation of the risk self-assessment report
- Preparation of the procedures manual or its revision and / or update to the new Regulation, if it is already available
- Advice on the formation and structure of the internal control body, if required in accordance with the provisions of the current regulation
- Advice on the analysis of operations and reports to SEPBLAC, if it is mandatory.
To natural or legal persons who, in accordance with the Law, are obliged to adopt organizational, operational and information measures to prevent them from being misused for these criminal purposes and, consequently:
- Exempt from possible administrative or criminal responsibilities that may be incurred by business owners, management or the legal entity itself.
- Avoid its possible significance that may represent a negative reputation of the firm.
Comprehensive advice can include, according to the needs of each obligated subject:
- A report by virtue of the risk or degree of exposure of the firm to the attempts of BC-FT (Money Laundering – Terrorist Financing)
- Measures and procedures that, in line with the self-assessed risk, must be taken by the obligor
- Internal audits on BC-FT prevention measures developed by the firm
The modification of the Criminal Code, first with the Organic Law 5/2010 and, subsequently, with the Law 1/2015 , was the introduction of criminal responsibility for legal persons in the cases the commission of crimes in their name or on their behalf, and in their direct or indirect benefit. This reform establishes as a cause for exemption from the criminal responsibility of the legal entity the existence of a program of prevention or “criminal compliance” that results in a substantial reduction of the risk of committing crimes by the legal entity. P >
According to this principle, an organization may be charged in a criminal proceeding for the acts committed by any of its members, be they administrators, managers or employees and, even, for the activities of third parties related to it, customers , suppliers, contractor, etc. Therefore, regulatory compliance and risk prevention programs, also called ‘ compliance programs’, have become an obligation for companies that want to keep their reputation and legal integrity.
Those who have the capacity to transfer criminal responsibility to the legal entity are the following:
- a) Legal representatives
- b) Those who “acting individually or as members of an organ of the legal entity are authorized to make decisions on behalf of the legal entity”.
- c) Those who “have powers of organization and control.”
In this sense, it should be remembered that the non-identification of the perpetrator of the crime or the impossibility of directing the procedure against him does not exclude the responsibility of the legal entity (Art. 31 ter.1).
Although not mandatory, it is convenient that all companies, especially those with a high number of workers (and also SMEs), implement a system or program of Regulatory Compliance, for which it is convenient to initially carry out a thorough risk analysis.
A prevention and control model must also be implemented, with ISO 19600: 2014 approved on “ Compliance management systems” , which is based on risk management processes.
As indicated in the Prosecutor Circular 1/2016 < span style = "font-size: 14px;"> based on the publication of the LO 1/2015, it would be necessary to prove:
- That the model aims to generate an Ethical Culture
- That an independent body has been set up with the power to oversee the plan implemented.
- That there is a Decision-making Protocol
- That there is a Risk Map
- That financial resources are available to prevent the commission of crimes and the maintenance of the program
- That the disciplinary system has been adapted
- That there is an internal Ethics or Complaints Channel (see AEPD Creation of internal complaints systems in companies (called Mechanisms of” whistleblowing “ by the AEPD)
- That a periodic verification of the model is carried out.
InvesCompliance offers these services related to the compliance functions in the area of Criminal Liability of Legal Persons (R.P.P.J):
- Creation of an internal investigation and detection plan, in order to correctly perform both the management of internal complaints and the detection of risk activities.
- Design of preventive ‘compliance’ programs and plans aimed at corporate crimes and implementation of surveillance and control measures
- Establish ‘compliance’ policies, both of security codes, as well as codes of conduct and sanctions.
- Identify the scope in which crimes can be committed with the corresponding analysis techniques.
- Implement a monitoring and control body, organize the corresponding departments, carry out their evaluation and the training of those responsible.
- Review and verify the organization and management model, analyzing the organizational structures, their vulnerabilities, their adaptation to current regulations and their effectiveness in preventing and detecting criminal activities.
InvesCompliance is a brand committed to excellence in the services provided thanks to ethics, truth, trust and honor. Our goal is to build trust, increasing the reputation and management of political and social influence. We offer the excellence of our experience operating under the best business practices.
We respect the confidentiality of our clients by protecting sensitive and privileged information related to their activities. We seek to promote social interest by negotiating and creating key external alliances.
We support the freedom of information of the media and social media, applying the same principles and ethics both in our practice and in the digital world.
Corporate diplomacy is the development of the company’s strategy in its relationship with public and private authorities in the face of strategic changes
Representation and negotiation
Risk Assessment and Management
Security risks and problems may threaten companies or companies at some point in their existence.
Risk management is an activity aimed at assessing, measuring risks and, ultimately, mitigating risk to an acceptable level. Risks may come from customer activity, associates, accidents, natural causes, human errors and intentional acts.
Companies can minimize the responsibility of their operations and the risk to personnel and property by performing a complete analysis of their security program. If adequate prevention mechanisms are not available, this may lead to situations of unfair competition, espionage, fraud or corruption.
We conduct thorough investigations of all relevant factors to assess vulnerabilities and potential threats. These can range from companies and corporations, managers and others. There are numerous factors to consider before any analysis begins. The actual site to be protected and the inherent risks may vary depending on whether it is an infrastructure facility, logistics and transport centers, large areas, sports and leisure venues, hotels, laboratories, offices, etc.
The risk analysis considers current safety plans, operational procedures, emergency action plans, physical responsiveness and first aid expectations.
Reputational risk prevention of companies and managers, through the implementation, detection and prevention of fraud:
- Reputational risks
- Internal or external fraud management
- Security Plans
- Crisis Management
- Country risk
- Competitor analysis
- Emerging markets
- Electronic surveillance
- Product traceability
- Social media tracking
Experience has taught us to concentrate and develop the expertise of our employees in different areas, so that they can team up with you in order to adapt a solution to your organization.
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