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Compliance and Risk Prevention before reforms of the Criminal Code and the Public Procurement Law

Updated: Aug 8

The aforementioned reforms force companies to adopt better Compliance and Risk Prevention measures

Dear Friends and Clients,


Due to the amendments to the Ecuadorian Penal Code and the Law of Public Procurement, which will enter into force at the end of this year, it is now of particular importance to take special care with:

1. The new crimes of overpriced sales to the public sector and corruption in the private sector;
2. The criminal liability of companies;
3. The benign effects of implementing clear and demonstrable compliance systems; and,
4. The grounds for disqualification and application of the "State's non-compliant contractor" penalty.

Clear and demonstrable compliance policies, and officials in charge of compliance in the structures of the companies, constitute grounds for exemption from criminal liability of the companies. Also, the implementation of internal administrative reforms to avoid the unintentional generation of criminal offenses is essential for your company.

Given the magnitude of the mentioned amendments and the severe consequences that could arise from their non-compliance, even for the administrators, we have designed our legal services to analyze and implement the necessary administrative precautionary measures to exempt companies from liability, which we put at your disposal.