What should be the main components of an Anti-Corruption Compliance Program in Peru?
Law N° 30424 (the "Law") and its Regulation, establish that companies are exempt from liability, resulting from criminal acts of corruption committed by their legal representatives, if they adopt an Anti-Corruption Compliance Program in Peru prior to these crimes being committed.
The first thing to carry out is to identify the level of risk of the company. The company must identify all the processes that are part of its operation, the risks inherent to each of them and mitigation. Then, it should implement a due diligence procedure on operations, projects, activities, business partners and their personnel.
The Anti-Corruption Compliance Program must contain at least the risk identification, assessment and mitigation process and the designation of a compliance officer. The company must implement a whistleblower system to freely report any attempted, suspected or actual crime. Personnel should also be trained at least once a year, so that they understand and use the program. The company's management must monitor and adjust the program at least once a year.