ANTI-CORRUPTION AND FIGHT OF UNDUE PRACTICES. Register and Distinction of Corporate Integrity November 10, 2022

On November 9th, 2022, the Ruling issuing the Register Guidelines and the Corporate Integrity Distinction of the Ministry of Public Function was published in the Official Gazette of the Federation. This Ruling entered into force on the 10th of the same month and year.

Comments

Said Ruling regulates the Register of Corporate Integrity of those legal entities interested in registering and have Anti-Corruption and Fight of Undue Practices Policies, with the purpose of recognizing them through a Distinction that will be granted by the Ministry of Public Function for having accredited that their Integrity Policies comply with the provisions set forth in the General Law of Administrative Liabilities.

The Ruling states the requirements for legal entities to obtain the registration and such Distinction, as well as what are the obligations that they must observe and comply with, among others.

It should be noted that they are extenuating in order to impose a sanction on a legal entity according with the General Law of Administrative Liabilities if they have Anti-Corruption and Fight of Undue Practices Policies within their regulations.

We consider it relevant that the legal entities obtain the registration in the aforementioned Register and Distinction, since it will provide them with publicity, certainty, and security before third parties, evidencing that they have established self-regulatory mechanisms that include the implementation of internal controls and integrity programs that allow them to ensure the development of an ethical culture within your organization.

In other words, they are legal entities that promote good practices through their integrity programs and anti-corruption and fight of undue practices measures, so their daily activities and operations are always involved in the fight against corruption.

Recommendations

It is imperative for legal entities to have policies, mechanisms and instruments (e.g. control, monitoring and audit procedures; whistleblowing; training procedures, etc.) regarding Anti-Corruption and Fight of Undue Practices, or carry out a due diligence in order to verify their level of compliance and, if applicable, carry out the necessary preventive and/or corrective improvement actions, which will generate value and enhance their reputation.

Mexico City, November 10, 2022