WEBVTT 1 00:00:00.760 --> 00:00:03.720 For your seven billion dollars. I' m legit. We' d say 2 00:00:03.759 --> 00:00:08.640 every time they exist, you' d say the 90 percent and 100- 3 00:00:08.640 --> 00:00:10.679 Pymer that they generate 80 percent. Give me twenty minutes of your time and 4 00:00:10.679 --> 00:00:14.240 I, in return, will give you information on the most relevant issues in 5 00:00:14.279 --> 00:00:19.600 foreign trade, tax and customs with a human touch and let' s do 6 00:00:20.160 --> 00:00:26.600 a trak, a telese magas podcast and mexicado hi. How about good afternoon, 7 00:00:26.719 --> 00:00:32.640 welcome to one more edition let' s make you a barter we are 8 00:00:32.759 --> 00:00:37.960 very happy today because we have here to invite Juan Fernando Castillejos, welcome, 9 00:00:38.439 --> 00:00:42.640 engineer, good afternoon, welcome, welcome sight and that is also the maximum 10 00:00:42.640 --> 00:00:47.520 doctor. Well to our panelists and welcome to all of you put us on. 11 00:00:47.560 --> 00:00:50.719 That way in the chat room where they' re listening to us, 12 00:00:51.119 --> 00:00:53.799 they' re watching us. It' s nice to be here. And, 13 00:00:54.200 --> 00:00:59.560 well, today we have a very important issue that has to do with 14 00:00:59.640 --> 00:01:04.680 compliance, and for this I am going to present compliance in companies. And 15 00:01:04.760 --> 00:01:12.439 I' m going to introduce the graduate Juan Fernando Castillejos ejand He is a 16 00:01:12.760 --> 00:01:22.519 graduate of the Universidad de Doctor Emilio Cárdenas and well, as he has developed 17 00:01:22.519 --> 00:01:26.799 professionally. With thirty- four years of working life, he has collaborated in 18 00:01:26.920 --> 00:01:34.959 marketing management. Representative of Mexico of various European firms in the RATMO watchmaker and 19 00:01:36.000 --> 00:01:41.400 industrial. Coordinator of Marketing, in cooperhand Touls of Mexico, branch manager, 20 00:01:42.040 --> 00:01:48.079 in TBC of Mexico, manager of operations in Mexican commercial, also in the 21 00:01:48.120 --> 00:01:56.519 field of marketing and thus in various brands currently recognized. Well, it' 22 00:01:56.719 --> 00:02:02.680 s top compliance institutional relationship link, the rest Management Community. He is a 23 00:02:02.959 --> 00:02:08.520 technical liaison of research, analysis and opinion groups, of laboratory of public policies 24 00:02:08.560 --> 00:02:17.759 in digital regulation of the Open Parliament, Director General of pro Mexico, Academic 25 00:02:17.800 --> 00:02:27.039 Director of the National Institute of Business and Patrimonial Sciences and NACIEB He has coordinated 26 00:02:27.120 --> 00:02:30.840 conventions, ex post courses, seminars, workshops and events at national and international 27 00:02:30.840 --> 00:02:36.479 level. He has also served as a driver of television and radio programmes dealing 28 00:02:36.960 --> 00:02:42.759 with accounting, tax and business issues. In the same vein, she has 29 00:02:42.800 --> 00:02:50.400 developed as a national lecturer on business content for training work teams, marketing leadership, 30 00:02:50.680 --> 00:02:55.960 customer service and care, sales, regulatory compliance, corporate integrity for SMEs 31 00:02:57.319 --> 00:03:06.599 and digital environment. Well, he' s also a Castillejos graduate. He 32 00:03:06.639 --> 00:03:13.560 is responsible for certifications and accreditations of the World Compliance Association, chapter Mexico. 33 00:03:14.120 --> 00:03:19.840 Technical secretary of the Commission of Compliance PLD and FT of Kanaco, cervitor of 34 00:03:19.879 --> 00:03:27.639 the Concanaco Servitur, vice coordinator of the Committee of Public Policies and Technology of 35 00:03:27.719 --> 00:03:32.199 the World Compliance Association, chapter Mexico, vice president of the Commission of Regulation 36 00:03:32.240 --> 00:03:40.840 around Digital and member of the editorial and communication commissions, also of the Association 37 00:03:40.840 --> 00:03:49.159 of Public Accountants. Well and summarizing, because he has many positions and is 38 00:03:49.280 --> 00:03:55.840 an advisor and collaborator in the magazine cronos Dios del tiempo, also president of 39 00:03:57.159 --> 00:04:00.919 the Federation of Mexican Technical Clockmakers, among other things, to which, therefore, 40 00:04:01.439 --> 00:04:08.360 we welcome Juan Fernando and I always take advantage of being commercial. Juan 41 00:04:08.400 --> 00:04:14.120 Fernando is also going to be an opponent soon in our diploma of corporate compliance 42 00:04:14.199 --> 00:04:20.560 officers. Welcome. Thank you very much, Pita, so thank you for 43 00:04:20.560 --> 00:04:25.399 being with us. We are in order and we see the beginning, because 44 00:04:25.519 --> 00:04:28.920 we have little time on this subject. Let' s see the basics of 45 00:04:28.959 --> 00:04:38.399 regulatory compliance, why compliance, what it' s called, will benefit our 46 00:04:38.399 --> 00:04:42.800 companies. Then let' s see it and as Lupita rightly says, within 47 00:04:42.839 --> 00:04:47.519 the diploma we will have we will see how we can apply that normative compliance 48 00:04:47.519 --> 00:04:51.199 to the companies. Give me a chance, give me a chance. I 49 00:04:51.199 --> 00:04:59.199 ' m gonna share a screen. You got it, I got it, 50 00:05:00.720 --> 00:05:02.519 or we' re already starting to see your screen. They' re just 51 00:05:02.560 --> 00:05:09.439 here. I share in great and perfect, perfect and today I am moving 52 00:05:09.439 --> 00:05:15.000 forward. What' s co mlayans. Many of us ask ourselves this and 53 00:05:15.000 --> 00:05:19.360 say to make the implementation of suitable and effective wood an organizational model that aims 54 00:05:19.439 --> 00:05:25.319 to prevent society from violating any regulations, specifically, in other words, that 55 00:05:25.319 --> 00:05:30.160 it achieves are legal enonamiento to the extent of our organization, in which both 56 00:05:30.160 --> 00:05:34.240 internal and external norms are collected, in order to prevent and avoid any behavior 57 00:05:34.240 --> 00:05:41.240 and visitation. You well know we have the regulations, whether federal, state 58 00:05:43.000 --> 00:05:47.399 or entity in the country where we are and we have the internal rules and 59 00:05:47.680 --> 00:05:54.519 regulations that we put within our organization. That whole set is birthday for what, 60 00:05:54.720 --> 00:06:02.240 for the organization to function properly. As the World Compliance Association tells us, 61 00:06:02.800 --> 00:06:09.079 Corporate Compliance is a set of procedures and good practices adopted by the organizations 62 00:06:09.800 --> 00:06:16.199 to identify and classify the operational and legal risks faced by this organization and thus 63 00:06:16.240 --> 00:06:27.680 establish internal mechanisms for prevention, management, and reaction control. Compliance with the 64 00:06:27.759 --> 00:06:30.800 plan has ceased to be a voluntary option for many organizations and has become a 65 00:06:30.839 --> 00:06:36.199 requirement to integrate internal structures into their strategy in order to comply with legal acceptances 66 00:06:36.279 --> 00:06:43.439 or to be able to protect themselves from situations of risk that could in serious 67 00:06:43.480 --> 00:06:47.319 problems the stability of continuing the activity of the organization, that is, if 68 00:06:47.959 --> 00:06:56.480 we begin to violate some regulations that put us, because so our local legislation 69 00:06:56.839 --> 00:07:00.639 where we are as a parent, or if we have some of us, 70 00:07:01.079 --> 00:07:05.040 some company with luck abroad, because we also have to get to the relation 71 00:07:05.079 --> 00:07:12.720 to the legislative regulation of that country. So there we already have even three 72 00:07:12.759 --> 00:07:15.160 different regulations to handle, and or three because we have the nonal, where 73 00:07:15.240 --> 00:07:21.720 our corporate head is, we have where our branch is and we have the 74 00:07:21.879 --> 00:07:27.600 interns, as well mentioned, if you have any doubt, please, in 75 00:07:27.600 --> 00:07:32.160 chat, with taste or without problem. I' m here, or I 76 00:07:32.279 --> 00:07:32.759 ' ll interrupt and we' ll answer it or we' ll expand. 77 00:07:32.800 --> 00:07:38.439 The doubt does not worry and, in any case, we have room for 78 00:07:38.519 --> 00:07:46.199 clear answers questions in the end. Thank you. Compliance is shaped by a 79 00:07:46.319 --> 00:07:51.759 series of guidelines, lines, guidelines or rules that must be complied with so 80 00:07:51.800 --> 00:07:59.879 that action can be considered in harmony with the legal system. Quoting the professor 81 00:08:00.000 --> 00:08:03.959 engl Heart, the term compliance derives from the English verb you with ply with 82 00:08:05.000 --> 00:08:16.399 that refers to continuing to assume, respecting in general in the anonymous ones that 83 00:08:16.439 --> 00:08:20.040 we find him and what objectives the fulfillment has in the companies. Its main 84 00:08:20.120 --> 00:08:31.480 objective is the detection, prevention, reporting and resolution of conflicts and these can 85 00:08:31.519 --> 00:08:37.679 be derived from financial activity, misconduct, negligence, lack of compliance with laws, 86 00:08:37.919 --> 00:08:43.240 among others. To implement such a mythology in the organization as the first 87 00:08:43.279 --> 00:08:52.440 line in defense before internal practices. What prevents us from having regulatory compliance financial 88 00:08:54.960 --> 00:08:58.399 fines, for example, not complying with the laws of protection of an employee, 89 00:08:58.919 --> 00:09:01.840 or not complying with the laws of safety at work, the no zero, 90 00:09:01.919 --> 00:09:07.240 thirty- five, thirty- six, seven, or if we have 91 00:09:07.279 --> 00:09:11.399 some environmental norms and we are not following them, because we will have a 92 00:09:11.480 --> 00:09:15.480 lot of economics because of those issues. The return of the public person, 93 00:09:15.759 --> 00:09:20.000 that is to say, we just arrived at the business, that is, 94 00:09:20.480 --> 00:09:26.960 because we do not have adequate regulatory compliance, because we do not follow all 95 00:09:26.000 --> 00:09:28.639 the regulations they have, they can close the company. There may be a 96 00:09:28.679 --> 00:09:33.120 dissolution of the legal person, the suspension of commercial activity if we engage in 97 00:09:33.159 --> 00:09:41.279 it, the closure of offices or premises, the temporary prohibition on the conduct 98 00:09:41.320 --> 00:09:48.159 of commercial activity, the disqualification of profits, public aid and subsidies, judicial 99 00:09:48.159 --> 00:10:07.240 intervention and other garments provided for by law. What benefit does complyance give us 100 00:10:09.000 --> 00:10:15.320 avoid litigation and regulatory breaches. Respecting the legality of procedures will best ensure compliance 101 00:10:15.360 --> 00:10:18.360 with regulations and prevention of crimes due to ignorance or bad practices that generate sanctions. 102 00:10:22.120 --> 00:10:24.159 Remember. I' m not a lawyer. If there is any lawyer 103 00:10:24.200 --> 00:10:31.240 who will accompany us and will be able to correct me and say this well 104 00:10:31.279 --> 00:10:37.639 the ignorance of the law does not exempt us from its fulfillment. Then we 105 00:10:37.720 --> 00:10:39.519 can' t stop ignorance. We just didn' t know what we had 106 00:10:39.519 --> 00:10:43.720 to do. This doesn' t apply. But if we' re going 107 00:10:43.759 --> 00:10:48.960 to see that the complement will bring us benefits and we' re going to 108 00:10:48.000 --> 00:10:50.360 feedback that there are questions as Lupita told me, let me read Master Tea 109 00:10:50.360 --> 00:10:54.039 ' s. It could be interpreted as an internal audit. Yes and no. 110 00:10:56.559 --> 00:11:00.200 In other words, an audit has to be carried out first to determine 111 00:11:00.200 --> 00:11:03.240 what we require them to apply compliñas. But it' s not the audit 112 00:11:03.240 --> 00:11:07.879 area. The compliance compliance area. It' s an area and now we 113 00:11:07.919 --> 00:11:11.600 ' ll see that it has to be maximum the third level down the top 114 00:11:11.919 --> 00:11:16.000 direction of the maximum head for what, so that it can report immediately and 115 00:11:16.000 --> 00:11:18.320 you can have a quick reaction. The audit area is going to be internal 116 00:11:20.320 --> 00:11:24.480 audits for the areas that have been mentioned. They can work together, yes, 117 00:11:24.519 --> 00:11:28.360 but it doesn' t depend on each other. The compliance area will 118 00:11:28.480 --> 00:11:33.440 permeate the entire organization You can help the audit area, yes, but there 119 00:11:33.519 --> 00:11:43.399 is no greater interdependence. What other benefit does it offer us from having a 120 00:11:43.919 --> 00:11:48.559 normative compliance of this ability in the market. The actions carried out by the 121 00:11:48.600 --> 00:11:54.279 organisation have a direct impact and impact on its environment, as they make it 122 00:11:54.320 --> 00:12:00.600 possible to make its initiatives transparent in their turn and avoid inconsistencies in unfair competition 123 00:12:00.639 --> 00:12:05.879 and corruption, among other factors that could end consumer confidence. If having an 124 00:12:05.919 --> 00:12:11.519 area of compliance will give us confidence and commercial certainty, it will give us 125 00:12:11.519 --> 00:12:20.679 positioning within the market. And, as you know or have heard, you 126 00:12:20.679 --> 00:12:26.080 have already known that many times you are also asking us if we have relationships 127 00:12:26.120 --> 00:12:35.360 with suppliers or foreign customers, that if we have birthday system to remain their 128 00:12:35.399 --> 00:12:39.200 suppliers and have become lost customers because we do not have this situation, then 129 00:12:39.240 --> 00:12:50.559 we go into them. It is correct what randomly mentioned teachers must be divided 130 00:12:50.600 --> 00:12:54.240 between areas to make better compliance, i e labor tax. Here what we 131 00:12:56.039 --> 00:13:05.720 can mention is we have a corporate pliynce and from there it is permeating for 132 00:13:05.759 --> 00:13:11.000 all the areas that are required. It' s how we' re gonna 133 00:13:11.000 --> 00:13:15.159 be able to understand. If it is very true, I can tell you 134 00:13:15.559 --> 00:13:20.759 some authors mention it, because many people there are that as such they say, 135 00:13:20.320 --> 00:13:26.120 tax compliance, commercial compliance, production compliance, the compligense is one and 136 00:13:26.159 --> 00:13:28.799 includes everything you have to do in your regulatory compliance structure within your organization and 137 00:13:28.879 --> 00:13:33.919 you already have the subsections where you will specialize exactly in every area that your 138 00:13:33.919 --> 00:13:41.000 organization requires. That' s why he realized it at first. Normative compliance 139 00:13:41.039 --> 00:13:46.360 is reflected in what the organization needs. I' m not going to have 140 00:13:46.360 --> 00:13:52.639 a productive compliance when I' m just a marketer or obvious, because I 141 00:13:52.639 --> 00:13:54.879 don' t have a productive area. Then we' re going to adapt. 142 00:13:54.919 --> 00:14:01.840 As they mentioned, our compliance situation favors reputation and authority, creates a 143 00:14:01.840 --> 00:14:07.320 better image towards the market and displays a clear message of fairness and seriousness. 144 00:14:11.159 --> 00:14:16.919 Compliance will tell us this company complies with all regulations. This company. If 145 00:14:16.000 --> 00:14:20.519 I buy him with this company, yeah, I work because I know I 146 00:14:20.559 --> 00:14:22.840 ' m not gonna have any trouble with them. And if you want to 147 00:14:22.879 --> 00:14:24.799 see it from the point of view of payments, we see it, because 148 00:14:24.879 --> 00:14:31.240 that is giving the organization certainty and good reputation. He knows it' s 149 00:14:31.240 --> 00:14:39.399 an organization that works with ethics, integrity. We' re still seeing profits 150 00:14:39.399 --> 00:14:45.399 from beaching. Avoid internal fraud. To avoid this, the creation of internal 151 00:14:45.440 --> 00:14:50.039 compliance policies and regulations allows the establishment of systems of control over what is implemented 152 00:14:50.039 --> 00:14:54.879 within the organization. As I mentioned, we have a fiscal plan, we 153 00:14:54.960 --> 00:15:00.960 can have an accounting compliños why not and we will put a lot of emphasis 154 00:15:01.000 --> 00:15:05.600 on the areas that require that management and why we talk about avoiding internal fraud. 155 00:15:05.919 --> 00:15:09.960 You know that in the areas where we have money and more in the 156 00:15:09.360 --> 00:15:13.320 MiPyMes that I say right now because you can tell me there is that one 157 00:15:13.440 --> 00:15:18.840 my SME is not to have an area ofcomplayas or meet the iso thirty- 158 00:15:18.519 --> 00:15:22.519 seven thousand three hundred one, because applying them is expensive. Yes, but 159 00:15:22.559 --> 00:15:28.600 then we have the corporate integrity issues for my SMEs, where we can with 160 00:15:28.639 --> 00:15:33.320 manuals and all see that situation and remedy it. This allows us to quickly 161 00:15:33.320 --> 00:15:39.080 and accurately detect who and where bad practices are being generated to cut with them 162 00:15:39.159 --> 00:15:45.720 and protect the information, capital and operations of the organization. It favors growth, 163 00:15:46.039 --> 00:15:52.360 facilitates the understanding of the norms and rules that must be met to carry 164 00:15:52.399 --> 00:15:56.559 out actions, strategies, processes and tasks that, in addition to bringing the 165 00:15:56.600 --> 00:16:02.360 organization to the established objectives, stimulate growth and adapt to the standards of ethics 166 00:16:02.440 --> 00:16:11.559 and commitment when we manage properly, because we will be more concerned about how 167 00:16:11.639 --> 00:16:15.919 to grow. Fortunately, I say no, because let' s just let 168 00:16:15.960 --> 00:16:18.120 go of some that we have the magical birthday is going to stay the same. 169 00:16:18.200 --> 00:16:23.879 Don' t also remember that we have a situation. External legislation is 170 00:16:25.000 --> 00:16:30.480 going to mention it, as well or the legislation as ornamental has been evolving 171 00:16:30.519 --> 00:16:33.360 and being generated by many issues, by the progress that we have daily in 172 00:16:33.360 --> 00:16:37.000 companies and countries. Then not because we' ve already met 100%. 173 00:16:37.759 --> 00:16:42.720 We neglected it and said because there changes some legislation. If there are any 174 00:16:42.759 --> 00:16:47.799 accountants here, they won' t let me lie we can in tax matters, 175 00:16:48.200 --> 00:16:52.200 precisely what changes there are with the fiscal miscellany have to be on the 176 00:16:52.200 --> 00:16:56.519 lookout. And if there is any change, our fiscal complay has already moved 177 00:16:56.639 --> 00:17:00.000 and we have to bring it back into line with the new tax provision that 178 00:17:00.000 --> 00:17:08.039 is in place. Then it will allow us to have good foundations, a 179 00:17:08.079 --> 00:17:15.720 proper structure in the organization, so that we also properly dedicate ourselves to growing 180 00:17:15.720 --> 00:17:23.440 the business. But it says we' re talking about compliance. It is 181 00:17:23.799 --> 00:17:30.680 the same that Ciemos are what are the differences, because not really, they 182 00:17:30.720 --> 00:17:33.000 are not synonyms and here we will see it. Ethics is an internal motivation. 183 00:17:34.960 --> 00:17:40.799 Conduct is determined by convictions. What we bring within the fulfillment of an 184 00:17:40.839 --> 00:17:44.400 external motivation. Conduct is determined by the fear of the consequences of not complying 185 00:17:44.440 --> 00:17:51.359 with the regulations we have. In ethics importing intent into compliance matters behavior. 186 00:17:55.440 --> 00:18:00.480 Ethics focuses on the spirit of the law. Fulfillment focuses on the letter of 187 00:18:00.559 --> 00:18:08.960 the law. In ethics we can interpret in compliance we understand it then, 188 00:18:10.039 --> 00:18:12.319 for Alejandro Salazar tells us, then for the presentations. They must begin with 189 00:18:12.359 --> 00:18:17.680 the code of ethics and organization vanators. They are exactly the first bases that 190 00:18:17.720 --> 00:18:27.240 must have teachers at random to have it, because let us remember that many 191 00:18:27.400 --> 00:18:37.519 times SMEs, because perhaps they are the infrastructure, the investments of the family, 192 00:18:37.559 --> 00:18:41.519 that they are mom, dad and children or son, and they still 193 00:18:41.559 --> 00:18:44.440 do not have the possibility of having an area as such of fulfillments. Everything 194 00:18:44.440 --> 00:18:47.720 can be supported, but what you mention is correct. We need to build 195 00:18:47.759 --> 00:18:52.279 on the organizational manuals, the compliance manual and all those situations that can help 196 00:18:52.319 --> 00:18:59.200 us. We have precisely within the diploma that the doctor mentioned that subject. 197 00:18:59.720 --> 00:19:07.319 Server has the pride of honor rather than those sessions. Restoring in ethics, 198 00:19:07.720 --> 00:19:12.400 behavior tends to be permanent and consistent in the long term, that is, 199 00:19:14.960 --> 00:19:18.480 you do not change your ethics, ethics yara let us. However, compliance 200 00:19:18.480 --> 00:19:21.720 behavior tends to change as soon as fear is lost or the consequences change, 201 00:19:21.960 --> 00:19:26.799 that is, we have an attitude in the laws, because we begin to 202 00:19:27.240 --> 00:19:33.079 worry less, but we begin to tighten with the laws or to have some 203 00:19:33.119 --> 00:19:37.200 situation of change, internal reprisals of the organization or of the same legislation, 204 00:19:37.400 --> 00:19:45.039 because we change to our attitude, too. In ethics. The approach is 205 00:19:45.119 --> 00:19:49.839 positive. The duty to be in compliance, the approach is negative. What 206 00:19:49.880 --> 00:19:56.720 cannot be done in ethics allows us to discern and choose between right and wrong 207 00:19:56.759 --> 00:20:03.599 according to what we think of each one of us, in fulfillment there is 208 00:20:03.599 --> 00:20:07.920 no opportunity for choice. We must do what is established. It' s 209 00:20:07.039 --> 00:20:10.960 the norm for us. Yeah, I know you can tell us around that 210 00:20:11.440 --> 00:20:15.440 interpretation of the laws. But there comes a time when that interpretation is limited. 211 00:20:17.920 --> 00:20:26.559 Ethics does not require monitoring and monitoring systems. Compliance requires evidence. Ethics 212 00:20:26.680 --> 00:20:34.119 is economic. Compliance is costly. It requires an investment. Ethics guarantees compliance. 213 00:20:36.640 --> 00:20:47.559 Compliance does not guarantee that you have ethics We quickly see a timeline that 214 00:20:47.720 --> 00:20:56.880 we have of how it has evolved. The east, the compliños allows you 215 00:20:56.920 --> 00:21:08.519 to win a moment for a second. Please, well, I take this 216 00:21:08.559 --> 00:21:12.599 opportunity to tell you that here at Chat Ahorita, we will put some information 217 00:21:12.720 --> 00:21:18.039 on the diploma course for those who are interested and where they can contact us. 218 00:21:18.160 --> 00:21:23.799 As Juan Fernando and his servant told you. The diploma begins tomorrow. 219 00:21:27.400 --> 00:21:30.559 Thank you, Lupita, sorry you' re on a call. I' 220 00:21:30.759 --> 00:21:41.960 ll tell you now a session. Excuse me I apologize for that where the 221 00:21:42.000 --> 00:21:48.599 company starts or why it starts the completes. In the year nineteen hundred and 222 00:21:48.599 --> 00:21:55.960 seventy- seven FCP is created, as I know it very well the Forring 223 00:21:56.400 --> 00:22:02.200 Corroup Proacti SECT that is an American rative that imposes rules for companies in the 224 00:22:02.240 --> 00:22:04.759 United States and that these act with ethical criteria when doing business abroad. That 225 00:22:04.799 --> 00:22:12.319 is to say, it has even extraterritoriality in the' 90s. Likewise, 226 00:22:12.480 --> 00:22:15.839 the United States at a meeting of about ten ethics officers from the University of 227 00:22:15.880 --> 00:22:19.799 Bentley, Massachusetts, is the organization now known as the Ticy Compensse initiative. 228 00:22:23.599 --> 00:22:29.799 The term Playance Fizerh was first used in the 1990s and was first used as 229 00:22:29.839 --> 00:22:33.920 such in the United States. In ninety- seven ODE signed the Convention to 230 00:22:34.359 --> 00:22:41.920 Combat Bribery of Foreign Public Servants in International Business Transactions of the Organization for Recovery 231 00:22:41.960 --> 00:22:48.720 and Economic Development. This focuses on the part of the offer, mainly on 232 00:22:48.759 --> 00:22:56.160 what we know as the bribe to offer it. We' ll see inside 233 00:22:56.200 --> 00:23:03.200 even the workshop. The difference between bribe boi bribe. In two thousand thirteen 234 00:23:03.519 --> 00:23:07.759 in our country, the federal law for the prevention and identification of operations with 235 00:23:07.799 --> 00:23:11.519 resources of illicit origin enters into force, also called the anti- labado law 236 00:23:11.599 --> 00:23:18.039 or the piorpi piorp law as much as it is told, where article 20 237 00:23:18.039 --> 00:23:23.160 mentions the duty of moral persons to appoint a representative in charge of compliance and 238 00:23:23.160 --> 00:23:30.319 where in article seventeen, we see the vulnerable non- financial activities. Let 239 00:23:30.400 --> 00:23:37.039 me read. In our country there are also two thousand thirteen, the Royal 240 00:23:37.079 --> 00:23:41.359 Commission on Economic Competition, COFESE and the Federal Telecommunications Institute, both charged with, 241 00:23:42.440 --> 00:23:48.000 inter alia, preventing, investigating and combating monopolies, illicit concentrations and other 242 00:23:48.079 --> 00:23:57.000 restrictions on the efficient functioning of markets. Also in our country, the national 243 00:23:57.039 --> 00:24:02.799 code of criminal procedures comes into force, where legal persons are held liable for 244 00:24:02.839 --> 00:24:08.160 crimes committed in their name, on their own behalf, for their benefit or 245 00:24:08.200 --> 00:24:17.119 by means provided by them. Eyes on you remember we said earlier that it 246 00:24:17.119 --> 00:24:23.079 could be a criminal accident. It is for this aspect that having a corporate 247 00:24:23.119 --> 00:24:30.480 buy- in system prove that it is working properly can be a mitigating factor 248 00:24:30.559 --> 00:24:38.759 in criminal proceedings that we have. Let' s see now other background, 249 00:24:41.000 --> 00:24:44.960 as we have a little further back. This was what legislation we have and 250 00:24:45.640 --> 00:24:49.680 what legal framework is based on compliance. Thus, in the 1960s, in 251 00:24:49.680 --> 00:24:56.559 Germany, pharmaceuticals paid bribes to African countries to bring medicines, the market was 252 00:24:56.799 --> 00:25:02.200 opened in weak jurisdictions, something very important. So, if you realized in 253 00:25:02.200 --> 00:25:07.359 the seventy- seven we were talking about what you think it was about, 254 00:25:07.720 --> 00:25:11.799 you will remember, I say those who are my age, more or less 255 00:25:11.839 --> 00:25:18.200 will remember in the famous water Gay case of presidential espionage in the United States, 256 00:25:18.279 --> 00:25:21.599 which to date is considered one of the most important political scandals in that 257 00:25:21.759 --> 00:25:26.920 country. And this revealed a plot of espionage and hearsay that the Nixon Administration 258 00:25:26.599 --> 00:25:30.160 in President Richard Nixson tonces carried out during the seventy- two election campaign, 259 00:25:30.519 --> 00:25:36.240 when five individuals were discovered trying to force the entrance of the Democratic Party headquarters 260 00:25:36.319 --> 00:25:40.640 in Washington, which resulted from the broadcast of then- President Richard Nixson on 261 00:25:40.720 --> 00:25:52.920 August 9, seventy- four. There we have antecedents of normative compliance. 262 00:25:56.319 --> 00:25:57.920 In seventy- seven, as you mention, the law of corrupt practices abroad 263 00:25:59.000 --> 00:26:07.440 is signed. Here come some parts are for broadcasting companies. Companies registered with 264 00:26:07.480 --> 00:26:12.880 or required to report on domestic concerns of the United States Government are companies organized 265 00:26:12.960 --> 00:26:18.440 under American law, companies with a principal place of business in the United States 266 00:26:18.759 --> 00:26:23.599 or companies with significant transactions that have sales or services shared with the United States. 267 00:26:26.119 --> 00:26:34.599 Foreign affiliates of U S companies, foreign companies with U S investors, 268 00:26:36.079 --> 00:26:38.799 foreign non- emitting entities that commit an act to promote bribery while in the 269 00:26:38.799 --> 00:26:41.799 United States? And that' s about companies, as for third parties, 270 00:26:41.920 --> 00:26:45.200 people who act on behalf of these companies, remember that I mentioned at first 271 00:26:45.200 --> 00:26:56.440 that this law has extraterritoriality, and already for people, individuals. It refers 272 00:26:56.480 --> 00:27:00.640 to foreign directors, officers, employees of the company, nationals and residents of 273 00:27:00.680 --> 00:27:06.480 the United States acting for a foreign United States company who commit an act to 274 00:27:06.559 --> 00:27:11.000 promote bribery while in the United States. All of this includes this law, 275 00:27:11.559 --> 00:27:18.680 sanctions and consequences for businesses, as there are criminal penalties for anti- sobon 276 00:27:18.680 --> 00:27:22.759 issues, a fine of up to two million. If there is a mishandling 277 00:27:22.839 --> 00:27:26.680 of books and records up to twenty- five million, a train ticket five 278 00:27:26.680 --> 00:27:33.720 million dollars, civil sanctions up to sixteen thousand for rape. Under the Alternative 279 00:27:33.720 --> 00:27:37.799 Fines Act, corporations may be fined up to twice as much as the defendant 280 00:27:37.839 --> 00:27:42.559 seeks to obtain a corrupt payment of corporate integrity agreements, including external oversight by 281 00:27:42.640 --> 00:27:51.160 a monitor, but there are collateral consequences of exclusion, suspension or even empowerment. 282 00:27:52.920 --> 00:27:57.799 U S leaders could lose safe, forward- looking ports and the ability 283 00:27:57.799 --> 00:28:03.480 to do business with the government. As for individuals, as we also mentioned, 284 00:28:03.680 --> 00:28:07.720 there is a criminal penalty, a fine of up to one hundred zero 285 00:28:07.839 --> 00:28:11.880 for rape or twice the gross gain or loss of illegal activities, which is 286 00:28:11.920 --> 00:28:18.240 greater than and five years in prison if it is in the handling of books 287 00:28:18.279 --> 00:28:21.799 and records. A fine of up to five million for rape and twenty years 288 00:28:21.839 --> 00:28:27.680 imprisonment, civil penalties up to sixteen zero for rape and collateral consequences disqualification of 289 00:28:27.759 --> 00:28:36.519 officers and directors. The company cannot pay the PCPI fines of an employee or 290 00:28:36.799 --> 00:28:42.319 be pink mentioning the companion cannot pay the fines of a nuclear. Policies cannot 291 00:28:42.519 --> 00:28:47.480 cover the penalties according to the mark of OFCPI. Even if the individual is 292 00:28:47.599 --> 00:28:51.519 a foreign citizen. Fines may be imposed on assets and income in the United 293 00:28:51.559 --> 00:29:02.000 States through asset confiscation and the individual may face extradition. Remember that a compliance 294 00:29:02.000 --> 00:29:11.440 officer. Criminal, civil and administrative sanctions may be created. Let me read 295 00:29:11.440 --> 00:29:15.480 them. As for the material with pleasure, already Lupita will tell us already 296 00:29:15.559 --> 00:29:22.720 they have it so that they can share it. The ude has something or 297 00:29:22.759 --> 00:29:29.720 some treatise to do with this consistency. Master Salazar does have some indications. 298 00:29:30.599 --> 00:29:33.839 We will see them and within the course you will be able to see not 299 00:29:33.960 --> 00:29:37.079 only of the OUDE, but all the other laws that there are, like 300 00:29:37.079 --> 00:29:41.359 the Arvan Soux law, the Zapan two that is from France, the uk 301 00:29:41.400 --> 00:29:52.400 Braver React that is from England, also manages it perfect. And right here 302 00:29:52.440 --> 00:29:55.680 we see what yu ca Braver is, it is already the inti law and 303 00:29:55.680 --> 00:29:57.759 corruption of the United Kingdom. This came into force in July of the two 304 00:29:57.839 --> 00:30:04.200 thousand eleven and the public and private sector bribes prohibit the offer and receipt of 305 00:30:04.240 --> 00:30:10.960 bribes. It includes an offence of strict liability and has an extraterritorial and aggressive 306 00:30:10.960 --> 00:30:15.480 effect. I mean, nothing else. CP has extraterritoriality also the uk braver 307 00:30:15.519 --> 00:30:21.599 and act Health violations to it can expose companies and individuals to criminal sanctions, 308 00:30:22.119 --> 00:30:26.960 serious and other repercussions. The basic principles he manages are not bribes or bribes. 309 00:30:29.400 --> 00:30:33.720 It keeps accurate records and records of expenditures, applies due diligence to trading 310 00:30:33.720 --> 00:30:40.680 partners and is always alert to alarm signals. It obtains short approval of any 311 00:30:40.759 --> 00:30:44.599 expenses incurred for or on behalf of any public official, whether political, charitable, 312 00:30:45.200 --> 00:30:52.319 gifts or invitations. What procedures are in place that are proportionate to the 313 00:30:52.319 --> 00:30:56.079 prevention of bribery. They must be proportional to the risks of bribery faced by 314 00:30:56.119 --> 00:31:02.440 the organization. Commitment at the highest level. The top officials of an organization 315 00:31:02.519 --> 00:31:04.480 are best placed to foster a culture of integrity in which bribery is unacceptable. 316 00:31:07.640 --> 00:31:11.480 Risk assessment, promoting the adoption of risk assessment procedures commensurate with the size and 317 00:31:11.559 --> 00:31:15.240 structure of the organization and the nature, scale and location of its activities, 318 00:31:15.319 --> 00:31:22.200 due to diligence a form of bribery risk assessment and a means of mitigating it. 319 00:31:23.359 --> 00:31:32.559 The famous Duriligens communication that this communication should also be included training through training 320 00:31:32.599 --> 00:31:37.839 to deter bribery by associates, by raising awareness and understanding of a business organization 321 00:31:37.880 --> 00:31:48.480 ' s commitment to its correct application. But if we have a commitment at 322 00:31:48.480 --> 00:31:52.480 the highest level from the outset, everything else is very easily influenced by the 323 00:31:52.519 --> 00:32:00.240 follow- up review. Commercial organizations will want to consider how super came to 324 00:32:00.279 --> 00:32:05.240 be and evaluate the effectiveness of their bribery prevention procedures and adapt them where necessary. 325 00:32:07.720 --> 00:32:10.880 I mentioned them and I have the APAN laws two that this is a 326 00:32:10.960 --> 00:32:16.680 French law and corruption and protection of regularity complaints. Line up France. With 327 00:32:16.720 --> 00:32:22.160 the evolution of international anti- corruption regulations, this is advanced mainly in the 328 00:32:22.200 --> 00:32:25.079 previous two we saw. In the PCP and the uk Bravery Act, it 329 00:32:25.640 --> 00:32:30.839 defines regulations to prevent and detect bribery and corruption through increased corporate transparency, strengthened 330 00:32:30.839 --> 00:32:40.519 internal oversight and enhanced protection for the announcement of irregularities. It is intended to 331 00:32:40.559 --> 00:32:46.559 control transparency by prosecuting corruption in the advertising industry. This law was focused on, 332 00:32:46.839 --> 00:32:52.400 among other markets, because they have adapted it, they have been taking 333 00:32:52.480 --> 00:32:57.720 parts of it. It emphasizes the transparency of companies, establishing the oratory for 334 00:32:57.799 --> 00:33:01.039 an anti- corruption compliance programme, not only for radical companies in France, 335 00:33:01.440 --> 00:33:08.279 but also for subsidiaries abroad. Third law that has extraterritoriality. Now that we 336 00:33:08.279 --> 00:33:15.359 have in our country that we also have regulation we as part of the obligations 337 00:33:15.359 --> 00:33:19.839 that Mexico must fulfil with regard to the agreement that we have with the OGDEA. 338 00:33:19.880 --> 00:33:22.960 That is why Master replied that there is some relationship with the OGDE. 339 00:33:23.079 --> 00:33:28.000 We had the amendment of article two hundred and twenty- two bits of the 340 00:33:28.000 --> 00:33:31.200 Federal Penal Code. Pointing out article can be considered as the equivalent of the 341 00:33:31.200 --> 00:33:36.119 CPF. However, it can be seen that its wording can be considered limited 342 00:33:36.240 --> 00:33:43.599 and can give rise to a lot of interpretation. They' re telling us 343 00:33:43.599 --> 00:33:49.000 about the bribe. Allow me a little bit. They' ll put penalties 344 00:33:49.079 --> 00:33:53.480 in place to see them Let me read them. Penalties provided for in the 345 00:33:53.519 --> 00:33:58.079 preceding article shall be imposed on anyone who, for the purpose of obtaining or 346 00:33:58.119 --> 00:34:01.440 retaining for himself or herself or for another person indi- life advantages in the 347 00:34:01.559 --> 00:34:07.440 NS development or conduct of international commercial transactions, offers promise or for himself or 348 00:34:07.559 --> 00:34:14.119 herself or by interpossite, person, money or any other gift, whether in 349 00:34:14.159 --> 00:34:16.960 goods or services to a foreign public servant, to a foreign publi server, 350 00:34:17.519 --> 00:34:23.480 to carry out the processing or resolution of matters To any person who comes to 351 00:34:23.599 --> 00:34:28.679 the foreign public servant and requests or proposes to him to carry out the resolution 352 00:34:28.760 --> 00:34:30.000 of any matter related to functions inherent to the employment, charge or commission of 353 00:34:30.000 --> 00:34:36.239 the latter. Here we understand a servant foreign people, any person who dares 354 00:34:36.320 --> 00:34:39.000 you or occupies a public office so considered by the respective law. In the 355 00:34:39.119 --> 00:34:45.320 legislative, executive or judicial organs of a foreign State, including independent autonomous agencies 356 00:34:45.400 --> 00:34:50.920 or enterprises of State participation in any order or level of government, as well 357 00:34:50.920 --> 00:34:54.360 as any international public agency or organization. In any case, if you wish 358 00:34:54.400 --> 00:34:59.400 to go further, it is the article two hundred twenty- two bis s 359 00:35:00.039 --> 00:35:10.400 title eleven that is bribed to public servants abroad. What Trends We Have Compliance 360 00:35:12.239 --> 00:35:19.840 Corporate Guardians Internal attorneys are included in the compliance area, top executive finance to 361 00:35:19.960 --> 00:35:28.920 partners to prevent and detect corporate criminal behaviors. Government expectations for these partners have 362 00:35:28.960 --> 00:35:32.639 increased in recent years. Due diligence and inefficiency must be carried out, as 363 00:35:32.639 --> 00:35:37.000 I told you of the agents and commercial sodas we have, not to ignore 364 00:35:37.039 --> 00:35:45.280 the alarm signals raised by third parties, to implement appropriate controls and contractual protections, 365 00:35:45.800 --> 00:35:49.079 to maintain adequate accounting controls to detect and prevent individual payments and right now. 366 00:35:49.079 --> 00:35:53.039 Here' s something important you mention, including internal lawyers. Many times 367 00:35:53.079 --> 00:36:00.599 they ask us hears and who should be the compliance officer, the lawyer, 368 00:36:00.280 --> 00:36:07.480 the accountant, the administrator. There really isn' t a race we can 369 00:36:07.519 --> 00:36:12.639 say this is specific to the compliance officer. Obviously, the lawyer is going 370 00:36:12.920 --> 00:36:19.559 to give us legal certainty. Totally the accountant knows all the innards of how 371 00:36:19.599 --> 00:36:23.280 the organization that that allows us is found. I would rather dare suggest that 372 00:36:23.320 --> 00:36:32.239 you have if there is the possibility of the organization a multidisciplinary team. For 373 00:36:32.320 --> 00:36:37.519 what reason I give you and I set this example. Always imagine that you 374 00:36:37.599 --> 00:36:45.480 are a builder, which is the most important thing for building houses, buildings, 375 00:36:45.719 --> 00:36:51.159 buildings, etc. Who is the expert in that subject, an engineer 376 00:36:51.239 --> 00:36:54.280 or an architect, that is, maybe, there has to be the head 377 00:36:54.920 --> 00:36:58.920 of the compliya area. He' s an engineer, an architect, because 378 00:36:58.960 --> 00:37:04.480 he knows the environment of that business. So we see that situations are presented 379 00:37:04.519 --> 00:37:09.079 to us and that we have a situation as such, potential areas of concern. 380 00:37:10.000 --> 00:37:15.920 When we have external contractors, logistics service providers, consultants, etcetera. 381 00:37:17.599 --> 00:37:25.280 Let' s have it as an eye of potential concern, frequent interaction with 382 00:37:25.280 --> 00:37:32.519 the government, frequent licenses with some government, permits with municipalities we give, 383 00:37:32.960 --> 00:37:38.519 contracts or sales with state entities or public hospitals. We have contact with official 384 00:37:38.559 --> 00:37:43.679 directors of the company who occupy political positions or whose direct members of the family 385 00:37:43.679 --> 00:37:51.800 do so. On issues of export and import of products. These are focal 386 00:37:51.840 --> 00:37:59.360 areas that we must manage and have concern for our area of compliyances. After 387 00:37:59.400 --> 00:38:04.440 actions with them we try to avoid them as much as possible, we can 388 00:38:04.440 --> 00:38:08.039 give situations like this, large withdrawals of cash, frequent transactions, vague minimum 389 00:38:08.039 --> 00:38:14.440 record. They remember that we mentioned that they are penalized for mishandling books, 390 00:38:14.800 --> 00:38:21.039 travel and entertainment. You travel with colleagues, there are extravagant meals tickets for 391 00:38:21.079 --> 00:38:24.000 sporting events, trainings that have nothing to do with what we do with employees. 392 00:38:27.679 --> 00:38:30.519 Highly regulated industries, such as energy, telecommunications, services, doctors, 393 00:38:30.639 --> 00:38:44.239 political health periods related to regulatory approvals. In the two thousand two he established 394 00:38:44.320 --> 00:38:47.639 the Van Oxford desert, which prevented the counterfeiting of stock exchange securities, the 395 00:38:47.719 --> 00:38:52.079 generation of frauds and the risks of bankruptcy added to the corporate candals of the 396 00:38:52.159 --> 00:38:58.960 New York stackes Change, which led to the exemption of inter- company compliance 397 00:38:59.000 --> 00:39:09.000 programs. We' ve seen more or less in what year, in different 398 00:39:09.039 --> 00:39:12.920 parts to see allowed a good late moment, thanks for the accesse. How 399 00:39:13.000 --> 00:39:16.239 helpful is the opinion of the satin’ s fulfillment. Yes, it is 400 00:39:16.320 --> 00:39:23.360 a tool that helps us, but it is not something that helps us in 401 00:39:23.400 --> 00:39:28.599 what is the compliance area. That gives us the certainty that our financial tax 402 00:39:30.480 --> 00:39:35.880 area is working properly. But remember, we have other areas. It can 403 00:39:35.960 --> 00:39:40.320 be a green focus, let' s say having it that way, but 404 00:39:40.320 --> 00:39:45.039 specifically that way. Those areas because we may have some situation in the area 405 00:39:45.039 --> 00:39:49.320 of production or some situation in fraud, in the area of sales or shopping. 406 00:39:51.440 --> 00:39:52.639 Remember that the purchase year here does not have to avoid situation. Don 407 00:39:52.719 --> 00:39:58.039 ' t even imagine in the shopping area, where, because there is already 408 00:39:58.159 --> 00:40:02.599 a situation among our shop manager and it turns out that nothing else we have 409 00:40:04.400 --> 00:40:07.159 a supplier and no one else can sell us more than that supplier, because 410 00:40:07.159 --> 00:40:09.960 that' s where we' re going to realize that there is, because 411 00:40:10.000 --> 00:40:14.320 the little trip to I don' t know where, the little gift to 412 00:40:14.320 --> 00:40:15.840 give why or I don' t know when. Let' s keep an 413 00:40:15.840 --> 00:40:23.239 eye on it. In that situation. We have the obligatory complement, the 414 00:40:23.360 --> 00:40:28.719 voluntary complement. The obligatory one is being introduced in many legislations, even in 415 00:40:28.800 --> 00:40:32.039 Latin America and why we mention it like this, remember that they said it 416 00:40:32.039 --> 00:40:35.719 is already a mitigating one, already some laws mark it. We have it 417 00:40:35.719 --> 00:40:39.079 in our penal code, as we saw it. And one example is compliance 418 00:40:39.079 --> 00:40:44.639 for the prevention of asset labor, which is an essential observance for banking institutions. 419 00:40:45.960 --> 00:40:51.159 In this case, it seems that we have two vulnerable activities in our 420 00:40:51.559 --> 00:40:53.960 country, financial and non- financial. Financials are those regulated by the National 421 00:40:53.960 --> 00:41:00.880 Banking and Securities Commission, under the Secretariat of Science and, as mentioned, 422 00:41:00.559 --> 00:41:06.519 the vulnerable non- financial activities registered in the site article, in our anti 423 00:41:06.639 --> 00:41:10.440 - laundering law, which are the ones it pursues. Let' s say 424 00:41:10.559 --> 00:41:15.639 the WiFi, which also depends on the Treasury, and we have the voluntary 425 00:41:15.639 --> 00:41:17.639 birthday. The one who assumes in the company on his own, who decides 426 00:41:17.639 --> 00:41:22.599 the high management of it becomes necessary for the achievement of the objectives of the 427 00:41:22.679 --> 00:41:30.480 organization and ends up integrating into the corporate culture. Voluntaryly absorbed it the high 428 00:41:30.559 --> 00:41:36.760 management is going to become mandatory for the company. We also have the cysts. 429 00:41:37.320 --> 00:41:42.920 I' m not going into them. For situations that there are experts 430 00:41:43.000 --> 00:41:51.000 who can mention them within the diploma. But we have thirty- seven zero 431 00:41:51.039 --> 00:41:53.840 one that is managed anti- bribery, we seek a culture that promotes integrity, 432 00:41:54.360 --> 00:42:01.880 transparency and normative compliance. We have the thirty- seven thousand three hundred 433 00:42:01.880 --> 00:42:05.960 one that came to replace the nineteen thousand six hundred, which is the management 434 00:42:06.000 --> 00:42:09.480 of compliance, the management of complyance, the advantage that this has. It 435 00:42:09.519 --> 00:42:14.880 has already done the thirty- seven three hundred one, which is already certifiable, 436 00:42:15.159 --> 00:42:19.880 is designed for all types of organizations and seeks to detect the materialization of 437 00:42:19.880 --> 00:42:22.079 risks related to normative compliance. And the advantage that it already has is that, 438 00:42:22.159 --> 00:42:27.320 as well mentioned at the beginning, this one already contemplates having its arias 439 00:42:27.480 --> 00:42:32.840 allow me here the main benefits of having a certification and a compliance officer a 440 00:42:32.920 --> 00:42:37.360 risk plan, among others, to achieve greater competitiveness and to achieve those opportunities 441 00:42:37.440 --> 00:42:45.159 in topics ok, to have a certified compliance officer. I understand that the 442 00:42:45.199 --> 00:42:51.239 Commission is not the securities banker. And if they are financial issues, it 443 00:42:51.679 --> 00:42:53.840 is still mandatory for the WIF, which I remember, and if you do 444 00:42:53.960 --> 00:42:58.039 not correct me, it is not mandatory for them to have the benefits of 445 00:42:58.079 --> 00:43:02.280 being certified in vulnerable non- financial activities, such as the sale of real 446 00:43:02.280 --> 00:43:07.440 estate, the sale of cars, jewelry, the use of vouchers, etc. 447 00:43:08.400 --> 00:43:12.599 And the opportunity we have with such relationships to TIMEC is what I mentioned 448 00:43:12.679 --> 00:43:15.880 at first that we are a company that has normative compliance. It will give 449 00:43:15.920 --> 00:43:22.280 certainty to our counterparts, whether they are customers or suppliers, that we are 450 00:43:22.360 --> 00:43:27.880 working properly. Which articles of customs law refer to complijas in the personnel. 451 00:43:28.960 --> 00:43:32.079 Signal lol one hundred and fifty- three, Maestro Ortega, I am honest 452 00:43:32.079 --> 00:43:37.039 with you. I don' t know the customs law. We investigate it 453 00:43:37.079 --> 00:43:42.880 and we are happy to report it, but we are talking about customs compliance 454 00:43:42.880 --> 00:43:47.440 issues already. He has a legal responsibility, of course I mentioned it already 455 00:43:47.480 --> 00:43:54.800 you can have a criminal, civil or administrative responsibility. If you will allow 456 00:43:54.880 --> 00:44:04.639 me, I continue with the questions to entertain us that we are running out 457 00:44:04.679 --> 00:44:06.119 of time and with pleasure, now I attend to the ones that I lack. 458 00:44:06.159 --> 00:44:09.719 They allow. We have the one of nineteen six hundred one that is 459 00:44:09.760 --> 00:44:15.639 also going to change the Union, which is going to be the thirty- 460 00:44:15.840 --> 00:44:19.320 seven thousand three hundred one UNE. The situation is also that this is for 461 00:44:19.360 --> 00:44:24.199 Spain only, but there are people who cannot apply it. This difference is 462 00:44:24.199 --> 00:44:29.400 that it made it worldwide and the one is still specializing in topics from Spain. 463 00:44:30.800 --> 00:44:35.280 We have corporate governance issues, which is the framework of norms and practices 464 00:44:35.360 --> 00:44:38.119 that refers to the structures and processes for the management of companies, by which 465 00:44:38.119 --> 00:44:42.840 a board of directors ensures accountability, equity and transparency in the relationship of a 466 00:44:42.880 --> 00:44:50.519 company with all its stakeholders. Have a board of directors and council committees, 467 00:44:50.639 --> 00:44:54.599 including properly structured audit, put in place well- documented and well- defined 468 00:44:54.639 --> 00:45:00.679 governance processes? Have greater transparency in the company structure Council by aligning your statutes 469 00:45:00.679 --> 00:45:04.400 without planting documented and well- defined governance processes? That is what corporate governance 470 00:45:04.440 --> 00:45:09.679 is all about and, as such, the concept of engagements and good corporate 471 00:45:09.679 --> 00:45:15.639 governance coincides in many of its areas. We already have a digital compliance. 472 00:45:15.760 --> 00:45:21.519 Yes, automation of processes and programs is essential in all organizations. Today we 473 00:45:21.559 --> 00:45:27.199 are digitizing and technologicalizing on many issues. Then we must have a partner for 474 00:45:27.280 --> 00:45:32.639 our digital system. Yeah, why not. If we can give ourselves that 475 00:45:32.920 --> 00:45:39.920 opportunity, let' s have them are technologies that can effortlessly perform repetitive and 476 00:45:40.079 --> 00:45:43.679 boring tasks and we would be effective at everything that human beings do. In 477 00:45:43.719 --> 00:45:46.679 this way, workers can focus on aspects of their work that require emotional intelligence, 478 00:45:47.159 --> 00:45:54.199 reasoning, and human interaction. Main technologies that we have artificial intelligence, 479 00:45:54.519 --> 00:46:00.639 machine learning, which is the automatic presentation, the blog shine, that the 480 00:46:00.719 --> 00:46:06.599 chain of blocks, that is in order to generate a centralized registration technology and 481 00:46:07.480 --> 00:46:13.079 that the complince can use it to define briefly the normative compliance. That is, 482 00:46:13.960 --> 00:46:17.000 there are very particular special characteristics. It is recognized for safety and traceability. 483 00:46:17.159 --> 00:46:21.840 With a blog shange we can follow all the process we have. If 484 00:46:21.880 --> 00:46:24.320 someone wants to alter it or alter it we will detect it, then this 485 00:46:24.320 --> 00:46:30.679 is a tool that can greatly support normative compliance. Security, as you mentioned, 486 00:46:31.000 --> 00:46:39.480 transparency traceability, because all participants can record transactions and their immutability. The 487 00:46:39.519 --> 00:46:45.239 record obtains a timestamp validated by several monodes that does not allow to modify, 488 00:46:45.719 --> 00:46:51.039 alter or have a later change. Management gives us the ability to organize prevention 489 00:46:51.039 --> 00:46:53.920 plans to get or resolve and avoid in the direction or administration of a company, 490 00:46:54.280 --> 00:47:00.199 the supervision and surveillance or direction by the one who intervenes control examination by 491 00:47:00.280 --> 00:47:06.360 observation to make a check gives us evidence, because it gives clear and manifest 492 00:47:06.360 --> 00:47:14.119 certainty that there can be no doubt about the subject And something important of a 493 00:47:14.159 --> 00:47:19.719 teacher that even first God will be with us in the diploma. It' 494 00:47:19.760 --> 00:47:21.480 s the compliment, isn' t it for who you need it for? 495 00:47:22.880 --> 00:47:27.039 Is that who you want it for? We may need it, but if 496 00:47:27.079 --> 00:47:30.039 senior management is not convinced and does not accept compliance, we will not have 497 00:47:30.119 --> 00:47:36.760 it. On the other hand, senior management wants it, even if it 498 00:47:36.760 --> 00:47:40.760 doesn' t need it. Fulfillment is going to be for them. Thank 499 00:47:40.800 --> 00:47:47.599 you very much. Let me stop sharing and start seeing your questions that I 500 00:47:47.679 --> 00:47:52.519 stayed. I apologize. Our random answer has already been given to him that 501 00:47:52.599 --> 00:47:59.920 if he has legal responsibility, he has a Guzman accountant, assuming that our 502 00:48:00.039 --> 00:48:07.039 company is located in a highly corrupt country or country where absolutely nothing moves without 503 00:48:07.119 --> 00:48:08.519 the delivery of dadivas or bites. It is almost impossible to ask one of 504 00:48:08.599 --> 00:48:12.639 my SMEs to integrate into culture compliance under the threat of not being able to 505 00:48:13.320 --> 00:48:16.519 operate how you can convince partners to enter compliance if we run very high risks 506 00:48:16.599 --> 00:48:23.000 of truncating their mission and their perfect vision against it. Let me close and 507 00:48:23.119 --> 00:48:28.320 my accountant question we know each other. I think we do, we really 508 00:48:28.400 --> 00:48:32.360 do. Let me stop sharing for the same and see if I can see 509 00:48:32.440 --> 00:48:39.840 them all. This is very interesting the question that the Accountant Guzmán asks us. 510 00:48:40.280 --> 00:48:44.119 Fortunately, these are things that don' t happen in our country. 511 00:48:44.320 --> 00:48:45.719 They do not occur here, I say, in Europe, but here, 512 00:48:45.719 --> 00:48:52.119 in our country, we do not have such situations. It' s not 513 00:48:52.119 --> 00:48:57.519 serious. It is difficult and more one my SME, even you mention SMEs. 514 00:48:58.039 --> 00:49:04.599 I' m going to the MiPyMes just to open it up. It 515 00:49:04.880 --> 00:49:07.800 ' s not that look or it needs. You missed the seal of not 516 00:49:07.880 --> 00:49:13.400 staying from the I don' t know when so you can start, but 517 00:49:13.480 --> 00:49:15.480 it' ll take you a long time. But if you like it, 518 00:49:15.599 --> 00:49:20.320 then yes, it' s hard for us to get out of that situation, 519 00:49:20.559 --> 00:49:21.239 but we have to work on it or against it. Yes, it 520 00:49:21.320 --> 00:49:25.000 sounds very illusory. Yeah, but it' s also inside our head. 521 00:49:27.159 --> 00:49:30.159 I say if I' m going to open a company, we know the 522 00:49:30.159 --> 00:49:35.800 times and processes, because we stick to them if we want to open it 523 00:49:35.840 --> 00:49:38.440 first, because we ourselves are promoting that situation. This one' s gonna 524 00:49:38.440 --> 00:49:43.679 cost you work. This is how we have to do it and more so 525 00:49:43.679 --> 00:49:46.639 if we are creating a company, because I believe that from the beginning we 526 00:49:46.639 --> 00:49:49.840 do not do the process as it is. Fortunately, we already have the 527 00:49:49.880 --> 00:49:55.519 means to complain about these situations. Then let' s use not a taste 528 00:49:55.519 --> 00:49:59.440 my dear Robert, a pleasure to greet you accountant. I think this part, 529 00:49:59.719 --> 00:50:05.760 though, if I had a chat here to see, let me see 530 00:50:05.760 --> 00:50:07.760 because if not, if you don' t help me lupitas, if you 531 00:50:07.800 --> 00:50:09.880 see that I miss any, you see that already at my age I forget 532 00:50:09.880 --> 00:50:17.119 things and teresa that we have just arrived. They congratulate you on the presentation 533 00:50:17.159 --> 00:50:22.760 and ask us what in your opinion, which SMEs in their culture, of 534 00:50:22.800 --> 00:50:27.280 what is the culture of completion and if you lack, soria or supports. 535 00:50:28.440 --> 00:50:30.599 Okay, now, we get to that one. That dim comes fundamental in 536 00:50:30.599 --> 00:50:35.960 that code tells us the master tera whether it is correct material or could share 537 00:50:36.000 --> 00:50:39.480 the presentation. If this one came up to me. Thank you very much. 538 00:50:42.079 --> 00:50:44.880 You do. Indeed, it is only that we are up to date 539 00:50:44.920 --> 00:50:49.159 on tax matters. It does not issue a full judgment of compliance. Thank 540 00:50:49.239 --> 00:50:53.519 you very much from the Clamps. What is your view of SMEs in their 541 00:50:53.800 --> 00:51:00.920 compliance culture? There' s no counseling or chickens to look at. Fortunately, 542 00:51:00.960 --> 00:51:09.119 and here I' m going to be commercial for everyone. What micro, 543 00:51:09.440 --> 00:51:15.239 small and small micro, small and medium- sized enterprises can do, 544 00:51:16.480 --> 00:51:22.119 forgive companies, approach cameras as with Kanako, if they are from the tertiary 545 00:51:22.159 --> 00:51:24.800 sector, if they are from the primary, secondary sector, because those that 546 00:51:25.480 --> 00:51:30.880 they are entitled to support themselves and to see what others are doing and to 547 00:51:30.880 --> 00:51:36.679 take those issues as a benefit. I think so do we, and I 548 00:51:36.679 --> 00:51:38.840 ' m going to talk here as many as advisors. And I am going 549 00:51:38.880 --> 00:51:45.480 to allow myself to take the example of the accountant, because I know that 550 00:51:45.559 --> 00:51:52.480 he is also dedicated to giving those advices and many external accountants do it or 551 00:51:52.480 --> 00:51:55.400 the legal areas, because we have to generate that culture ourselves, within the 552 00:51:55.480 --> 00:52:00.000 organizations, if they are giving us the confidence to be advisors to those organizations. 553 00:52:00.760 --> 00:52:06.679 From the very beginning, let us address the issue of compliance, the 554 00:52:06.679 --> 00:52:10.559 issue of ethics. It is easier for us to work well with ethics to 555 00:52:10.639 --> 00:52:17.519 start correcting details that are being traced to us for issues that we do not 556 00:52:17.559 --> 00:52:22.679 do, that we do not do around here, I think others with perfect 557 00:52:22.679 --> 00:52:29.000 thanks. I don' t know if you have any other comments or situations 558 00:52:29.000 --> 00:52:31.760 you might want. I say I know it was in forty minutes to talk 559 00:52:31.760 --> 00:52:36.880 about compliance. It is short time, but we really invite you to those 560 00:52:37.039 --> 00:52:40.559 who have not yet made the decision of colleagues in the diploma that you will 561 00:52:40.639 --> 00:52:47.280 perform with Kanako cold Lock College Top Complins and other instances. Believe me, 562 00:52:47.440 --> 00:52:50.880 you won' t regret it. It' s an interesting subject. They 563 00:52:50.960 --> 00:52:55.559 have imposing very high standards. I' m told Doctor Maximus could carry something 564 00:52:55.559 --> 00:52:59.239 on the subject of completion. Please go ahead, of course, well, 565 00:52:59.599 --> 00:53:04.800 we leave you at your request, at the request of those present, we 566 00:53:05.000 --> 00:53:09.199 open this the microphone of our panelists. Go ahead, Doctor Maximus. Thank 567 00:53:09.199 --> 00:53:15.679 you, then, as in parliaments for personal allusions. Well, first of 568 00:53:15.760 --> 00:53:23.679 all, congratulate the master, Dr Castillejo. Splendid talk, very didactic. 569 00:53:25.519 --> 00:53:32.159 I see how well the people who take this course are going to do, 570 00:53:31.719 --> 00:53:37.280 because well, here with you it says in forty minutes, because it gave 571 00:53:37.320 --> 00:53:42.920 us a taste, a very good taste, very rich, because there it 572 00:53:43.000 --> 00:53:46.480 will be a banquet in all safety. This one, in addition to really 573 00:53:46.639 --> 00:53:53.159 congratulating you very sincerely and in the broadest way, is in the question of 574 00:53:53.280 --> 00:54:01.440 customs law which you, with great honorability and impeccable ethics, say good. 575 00:54:02.239 --> 00:54:07.639 I don' t know the customs law. It would be good if to 576 00:54:07.719 --> 00:54:14.559 finish that training you have this one to give you a little reading. There 577 00:54:14.679 --> 00:54:20.519 is, if there is already a principle of complyes, of course, in 578 00:54:20.559 --> 00:54:25.480 the article and in the figure of customs agencies. The reform of two thousand 579 00:54:25.679 --> 00:54:32.360 eighteen, which creates this figure of a legal person, as you rightly said, 580 00:54:34.239 --> 00:54:38.159 not a moral person, as our civil code establishes. Without a legal 581 00:54:38.320 --> 00:54:50.079 person establishes one for customs agencies. The legal person has to be a civil 582 00:54:50.199 --> 00:54:59.079 society and then, of course, it has to have a code of ethics 583 00:54:59.199 --> 00:55:07.599 there and, of course, it also has to have a compliance management system. 584 00:55:08.320 --> 00:55:15.719 Then, answering a question, I think someone asked it. It is 585 00:55:16.079 --> 00:55:22.559 already in the customs law Article one hundred and sixty- seven of the n 586 00:55:23.119 --> 00:55:30.320 all the regulation and regulation on this new figure that, starting from, as 587 00:55:30.360 --> 00:55:37.400 I said a moment ago, from two thousand and eighteen, is in our 588 00:55:38.800 --> 00:55:45.719 law very not much used, it must be said also within the system, 589 00:55:45.079 --> 00:55:53.079 but that every day it acquires greater acceptance and presence within the customs agents. 590 00:55:53.519 --> 00:56:00.760 I reiterate, Master Don Juan Castillejo, it is my extraordinary congratulations and I 591 00:56:00.840 --> 00:56:07.960 hope it is not the last time, but one of many that you will 592 00:56:08.079 --> 00:56:10.519 enlighten us with your knowledge. It will be an honor for me, a 593 00:56:10.519 --> 00:56:15.559 pleasure. Doctor. Thank you very much for your words and believe me that 594 00:56:15.559 --> 00:56:17.039 yes since we are immersed in this environment, as you saw it. I 595 00:56:17.159 --> 00:56:24.119 ' m not a lawyer, but I' m perfect with lawyers, so 596 00:56:24.159 --> 00:56:30.079 I do comment and allow myself in good shape. Let' s say brag. 597 00:56:30.360 --> 00:56:32.519 I' m already studying my master' s degree in regulatory compliance. 598 00:56:32.599 --> 00:56:38.880 Precisely to be suitable for these topics Master Salazar tells us. It is difficult 599 00:56:38.920 --> 00:56:44.000 for MiPyMes to enter a compliance system, but it is necessary to try to 600 00:56:44.280 --> 00:56:45.559 do so because of the costs, as is well known, are high. 601 00:56:46.159 --> 00:56:50.280 That' s right, Master Sarazan, and I mentioned it at first. 602 00:56:50.559 --> 00:56:52.440 I mean, I' m not against isos. Uh, I mean, 603 00:56:52.760 --> 00:56:59.000 I' m not against make, but reason is designed for big companies. 604 00:56:59.440 --> 00:57:05.880 We will talk about medium to large companies and neglect the MiPyMes in that sense 605 00:57:05.880 --> 00:57:09.440 and with all pleasure, because you will find organizations like can be TOP with 606 00:57:09.480 --> 00:57:15.079 Playans, as we also have it within the Compliance Committee and fight with Kanaco 607 00:57:15.119 --> 00:57:19.960 Servitour, who well tends to chair Dr David Merino and his server Sori, 608 00:57:20.079 --> 00:57:27.039 the Secretary the issues of corporate integration. It is precisely the United Nations, 609 00:57:27.360 --> 00:57:30.760 through the PENUT, of the United Nations Programme for Business Development, that has 610 00:57:30.840 --> 00:57:39.280 MiPyMes programmes and has worked and I feel a raus that I am also certified 611 00:57:39.360 --> 00:57:43.199 on this subject, precisely to talk about the integrity of my SMEs and, 612 00:57:43.239 --> 00:57:49.519 as they said, this is the simple application of the manuals that have to 613 00:57:49.599 --> 00:57:53.280 be kept within an organization to make them work. Already with the growing of 614 00:57:53.360 --> 00:57:58.719 the organizations, first of all with their development, that go from micro to 615 00:57:58.880 --> 00:58:02.880 small, medium- sized to medium- sized, that we hope could always 616 00:58:02.960 --> 00:58:07.960 be so. But, unfortunate, ninety- five percent of our companies are 617 00:58:07.000 --> 00:58:15.400 still micro and small. This one may be adopted or known. That regulation 618 00:58:15.840 --> 00:58:17.880 is very good, yes, it is certifiable, yes, as I mention 619 00:58:19.000 --> 00:58:25.840 it, it is costly. I do not deny it, I do not 620 00:58:25.840 --> 00:58:30.039 deny it very well, yes, but we see even the schemes of enterprises 621 00:58:30.039 --> 00:58:32.719 fulfilled. It' s not all going there, it' s not exactly 622 00:58:32.719 --> 00:58:38.079 what it' s going to be. Well, and this engineer up ahead 623 00:58:38.119 --> 00:58:43.320 is going to be rubit your congratulations. Juan is a very interesting topic, 624 00:58:43.480 --> 00:58:46.400 very important for everyone who is here. I think that many of these early 625 00:58:46.480 --> 00:58:53.559 childhood education comes from the ethics that we have to have ethics and speak out 626 00:58:53.800 --> 00:59:01.679 about the situation of compliyas. Unfortunately, there are many problems in the area 627 00:59:01.719 --> 00:59:08.559 that we handle externally, as customs there are still many problems. But if 628 00:59:08.639 --> 00:59:12.159 I do, one of the things I' ve told people all my life 629 00:59:13.039 --> 00:59:16.800 is to complain, don' t pay. Watch out if you' re 630 00:59:16.800 --> 00:59:19.960 okay, complain, leave the complaint and pay and don' t pay. 631 00:59:21.079 --> 00:59:25.800 But, unfortunately, many times you hear I' ve been detained for fifteen 632 00:59:25.960 --> 00:59:30.320 days and I' m being asked. And I' m fine, well, 633 00:59:30.679 --> 00:59:32.920 if you don' t pay, they' re gonna have more time 634 00:59:34.079 --> 00:59:36.960 and everything, and it' s a very strong problem. I still think 635 00:59:37.039 --> 00:59:43.559 we still need a lot of children' s education, a lot of taking 636 00:59:43.679 --> 00:59:47.400 all this and the birthday is growing, it' s growing and it' 637 00:59:47.480 --> 00:59:51.159 s taking a very strong form in Mexico. We must therefore start and continue 638 00:59:51.199 --> 01:00:01.000 on the issue of compliance. We' re going to meet and we' 639 01:00:01.159 --> 01:00:07.159 re not going to the question of giving the dad and he' s going 640 01:00:07.159 --> 01:00:09.960 to give the gift or all that' s hard, but I think we 641 01:00:09.960 --> 01:00:15.119 ' re going to get there eventually. Now you have to make one a 642 01:00:15.199 --> 01:00:20.519 top- notch country. Thank you, congratulations, very interesting, your talk 643 01:00:21.679 --> 01:00:27.599 and yes, I say those sanctions that indicate there the question that there is 644 01:00:27.679 --> 01:00:31.480 in the United States, that comes to us, because it is very difficult 645 01:00:31.599 --> 01:00:37.400 not and we saw it here with Ibedrola or we live with some other pharmaceuticals 646 01:00:37.480 --> 01:00:39.920 that have put money in the government to sell all their products. That' 647 01:00:40.000 --> 01:00:45.039 s what we have to avoid and that' s what we have to be 648 01:00:45.119 --> 01:00:49.679 very aware of everyone and a compliance officer can work a lot and can do 649 01:00:49.719 --> 01:00:52.280 a lot of good for the country. Thank you, congratulations. We' 650 01:00:52.280 --> 01:00:55.239 re against it, Engineer, Thank you, Thank you, Engineer. Vistale 651 01:00:55.559 --> 01:01:02.320 we open the microphone also forward. Thank you very much, Vita, congratulations. 652 01:01:02.599 --> 01:01:08.280 This master almost arrived is always a healthy taste. The ultimate doctor, 653 01:01:08.880 --> 01:01:15.039 my friend Enrique. Thank you very much, so notice that to me, 654 01:01:15.320 --> 01:01:21.199 I kind of have the perception that the private sector, we are taking compliance 655 01:01:21.320 --> 01:01:27.559 seriously, but we don' t have the other counterpart and I think they 656 01:01:27.639 --> 01:01:31.079 are being very bad, very bad, and we have to say yes, 657 01:01:31.920 --> 01:01:39.519 the official sector is getting worse every day for any management. They make you 658 01:01:39.639 --> 01:01:47.159 the suggestion or the late question. Yes, and since I am a person 659 01:01:47.239 --> 01:01:52.960 that I do not like I have never given a single fifth in the incorporations, 660 01:01:52.280 --> 01:01:58.719 because I manage incorporated schools, because I have preferred to wait for the 661 01:01:58.840 --> 01:02:02.719 other government because in this semi own or they wanted to do it to enter 662 01:02:04.000 --> 01:02:08.800 with the with with the entrance, not to face it. So this circumstance 663 01:02:08.920 --> 01:02:15.079 seems very good to me that we, as a private initiative to which we 664 01:02:15.079 --> 01:02:20.000 dedicate ourselves, because I presume that of the hundred percent of those who attend 665 01:02:20.159 --> 01:02:23.360 telese Maga, yes, a percentage we are in private life or a high 666 01:02:23.480 --> 01:02:31.000 percentage. I hope that in the government sector for the next administration they will 667 01:02:31.039 --> 01:02:37.119 take this compliance seriously in all areas where they have their responsibility. It' 668 01:02:37.400 --> 01:02:43.800 s how much and how much congratulations. Thank you, Lupita, thank you 669 01:02:43.920 --> 01:02:46.320 very much, thank you very much. He also gives them the Doctor' 670 01:02:46.440 --> 01:02:52.079 s highest congratulations. And well, then, at five o' clock in 671 01:02:52.159 --> 01:02:59.639 the afternoon, he allowed me here in the peaceful to hand over the diploma 672 01:02:59.719 --> 01:03:05.880 to master Juan Fernando. Let' s do a trick and if we are 673 01:03:05.920 --> 01:03:09.800 granted the present recognition to the graduate Juan Fernando Castille José Chandy for bartering in 674 01:03:09.880 --> 01:03:15.119 the virtual conversation with the subject complince for my company on the 8th of November 675 01:03:15.199 --> 01:03:17.519 of two thousand twenty- three and signed by our President, Dr. Octavius. 676 01:03:17.599 --> 01:03:24.480 The tower and teacher Daniela Martinez. We' ve reached the end of 677 01:03:24.519 --> 01:03:28.039 today' s barter. Thank you so much for joining us. This was 678 01:03:28.360 --> 01:03:31.679 let' s barter. Viazom an event of telc magas and Mexico. If 679 01:03:31.800 --> 01:03:36.840 you like this talk, don' t forget to share each event with your 680 01:03:36.960 --> 01:03:42.360 contacts so that we continue to spread knowledge and stay up to date. They 681 01:03:42.480 --> 01:03:45.480 find all our talks through our online education platform, entering www FTAs Mexico com 682 01:03:45.960 --> 01:03:53.079 Mx in the course section, where you can see them again without cost If 683 01:03:53.199 --> 01:03:59.000 you are interested in any specific topic, send us a message through the social 684 01:03:59.000 --> 01:04:01.880 networks of ns Telemagas in Mexico and we will look for an expert who can 685 01:04:01.960 --> 01:04:04.639 clarify your doubts. This was let' s make a truek.