For your seven billion dollars. I' m legit. We' d say
every time they exist, you' d say the 90 percent and 100-
Pymer that they generate 80 percent. Give me twenty minutes of your time and
I, in return, will give you information on the most relevant issues in
foreign trade, tax and customs with a human touch and let' s do
a trak, a telese magas podcast and mexicado hi. How about good afternoon,
welcome to one more edition let' s make you a barter we are
very happy today because we have here to invite Juan Fernando Castillejos, welcome,
engineer, good afternoon, welcome, welcome sight and that is also the maximum
doctor. Well to our panelists and welcome to all of you put us on.
That way in the chat room where they' re listening to us,
they' re watching us. It' s nice to be here. And,
well, today we have a very important issue that has to do with
compliance, and for this I am going to present compliance in companies. And
I' m going to introduce the graduate Juan Fernando Castillejos ejand He is a
graduate of the Universidad de Doctor Emilio Cárdenas and well, as he has developed
professionally. With thirty- four years of working life, he has collaborated in
marketing management. Representative of Mexico of various European firms in the RATMO watchmaker and
industrial. Coordinator of Marketing, in cooperhand Touls of Mexico, branch manager,
in TBC of Mexico, manager of operations in Mexican commercial, also in the
field of marketing and thus in various brands currently recognized. Well, it'
s top compliance institutional relationship link, the rest Management Community. He is a
technical liaison of research, analysis and opinion groups, of laboratory of public policies
in digital regulation of the Open Parliament, Director General of pro Mexico, Academic
Director of the National Institute of Business and Patrimonial Sciences and NACIEB He has coordinated
conventions, ex post courses, seminars, workshops and events at national and international
level. He has also served as a driver of television and radio programmes dealing
with accounting, tax and business issues. In the same vein, she has
developed as a national lecturer on business content for training work teams, marketing leadership,
customer service and care, sales, regulatory compliance, corporate integrity for SMEs
and digital environment. Well, he' s also a Castillejos graduate. He
is responsible for certifications and accreditations of the World Compliance Association, chapter Mexico.
Technical secretary of the Commission of Compliance PLD and FT of Kanaco, cervitor of
the Concanaco Servitur, vice coordinator of the Committee of Public Policies and Technology of
the World Compliance Association, chapter Mexico, vice president of the Commission of Regulation
around Digital and member of the editorial and communication commissions, also of the Association
of Public Accountants. Well and summarizing, because he has many positions and is
an advisor and collaborator in the magazine cronos Dios del tiempo, also president of
the Federation of Mexican Technical Clockmakers, among other things, to which, therefore,
we welcome Juan Fernando and I always take advantage of being commercial. Juan
Fernando is also going to be an opponent soon in our diploma of corporate compliance
officers. Welcome. Thank you very much, Pita, so thank you for
being with us. We are in order and we see the beginning, because
we have little time on this subject. Let' s see the basics of
regulatory compliance, why compliance, what it' s called, will benefit our
companies. Then let' s see it and as Lupita rightly says, within
the diploma we will have we will see how we can apply that normative compliance
to the companies. Give me a chance, give me a chance. I
' m gonna share a screen. You got it, I got it,
or we' re already starting to see your screen. They' re just
here. I share in great and perfect, perfect and today I am moving
forward. What' s co mlayans. Many of us ask ourselves this and
say to make the implementation of suitable and effective wood an organizational model that aims
to prevent society from violating any regulations, specifically, in other words, that
it achieves are legal enonamiento to the extent of our organization, in which both
internal and external norms are collected, in order to prevent and avoid any behavior
and visitation. You well know we have the regulations, whether federal, state
or entity in the country where we are and we have the internal rules and
regulations that we put within our organization. That whole set is birthday for what,
for the organization to function properly. As the World Compliance Association tells us,
Corporate Compliance is a set of procedures and good practices adopted by the organizations
to identify and classify the operational and legal risks faced by this organization and thus
establish internal mechanisms for prevention, management, and reaction control. Compliance with the
plan has ceased to be a voluntary option for many organizations and has become a
requirement to integrate internal structures into their strategy in order to comply with legal acceptances
or to be able to protect themselves from situations of risk that could in serious
problems the stability of continuing the activity of the organization, that is, if
we begin to violate some regulations that put us, because so our local legislation
where we are as a parent, or if we have some of us,
some company with luck abroad, because we also have to get to the relation
to the legislative regulation of that country. So there we already have even three
different regulations to handle, and or three because we have the nonal, where
our corporate head is, we have where our branch is and we have the
interns, as well mentioned, if you have any doubt, please, in
chat, with taste or without problem. I' m here, or I
' ll interrupt and we' ll answer it or we' ll expand.
The doubt does not worry and, in any case, we have room for
clear answers questions in the end. Thank you. Compliance is shaped by a
series of guidelines, lines, guidelines or rules that must be complied with so
that action can be considered in harmony with the legal system. Quoting the professor
engl Heart, the term compliance derives from the English verb you with ply with
that refers to continuing to assume, respecting in general in the anonymous ones that
we find him and what objectives the fulfillment has in the companies. Its main
objective is the detection, prevention, reporting and resolution of conflicts and these can
be derived from financial activity, misconduct, negligence, lack of compliance with laws,
among others. To implement such a mythology in the organization as the first
line in defense before internal practices. What prevents us from having regulatory compliance financial
fines, for example, not complying with the laws of protection of an employee,
or not complying with the laws of safety at work, the no zero,
thirty- five, thirty- six, seven, or if we have
some environmental norms and we are not following them, because we will have a
lot of economics because of those issues. The return of the public person,
that is to say, we just arrived at the business, that is,
because we do not have adequate regulatory compliance, because we do not follow all
the regulations they have, they can close the company. There may be a
dissolution of the legal person, the suspension of commercial activity if we engage in
it, the closure of offices or premises, the temporary prohibition on the conduct
of commercial activity, the disqualification of profits, public aid and subsidies, judicial
intervention and other garments provided for by law. What benefit does complyance give us
avoid litigation and regulatory breaches. Respecting the legality of procedures will best ensure compliance
with regulations and prevention of crimes due to ignorance or bad practices that generate sanctions.
Remember. I' m not a lawyer. If there is any lawyer
who will accompany us and will be able to correct me and say this well
the ignorance of the law does not exempt us from its fulfillment. Then we
can' t stop ignorance. We just didn' t know what we had
to do. This doesn' t apply. But if we' re going
to see that the complement will bring us benefits and we' re going to
feedback that there are questions as Lupita told me, let me read Master Tea
' s. It could be interpreted as an internal audit. Yes and no.
In other words, an audit has to be carried out first to determine
what we require them to apply compliñas. But it' s not the audit
area. The compliance compliance area. It' s an area and now we
' ll see that it has to be maximum the third level down the top
direction of the maximum head for what, so that it can report immediately and
you can have a quick reaction. The audit area is going to be internal
audits for the areas that have been mentioned. They can work together, yes,
but it doesn' t depend on each other. The compliance area will
permeate the entire organization You can help the audit area, yes, but there
is no greater interdependence. What other benefit does it offer us from having a
normative compliance of this ability in the market. The actions carried out by the
organisation have a direct impact and impact on its environment, as they make it
possible to make its initiatives transparent in their turn and avoid inconsistencies in unfair competition
and corruption, among other factors that could end consumer confidence. If having an
area of compliance will give us confidence and commercial certainty, it will give us
positioning within the market. And, as you know or have heard, you
have already known that many times you are also asking us if we have relationships
with suppliers or foreign customers, that if we have birthday system to remain their
suppliers and have become lost customers because we do not have this situation, then
we go into them. It is correct what randomly mentioned teachers must be divided
between areas to make better compliance, i e labor tax. Here what we
can mention is we have a corporate pliynce and from there it is permeating for
all the areas that are required. It' s how we' re gonna
be able to understand. If it is very true, I can tell you
some authors mention it, because many people there are that as such they say,
tax compliance, commercial compliance, production compliance, the compligense is one and
includes everything you have to do in your regulatory compliance structure within your organization and
you already have the subsections where you will specialize exactly in every area that your
organization requires. That' s why he realized it at first. Normative compliance
is reflected in what the organization needs. I' m not going to have
a productive compliance when I' m just a marketer or obvious, because I
don' t have a productive area. Then we' re going to adapt.
As they mentioned, our compliance situation favors reputation and authority, creates a
better image towards the market and displays a clear message of fairness and seriousness.
Compliance will tell us this company complies with all regulations. This company. If
I buy him with this company, yeah, I work because I know I
' m not gonna have any trouble with them. And if you want to
see it from the point of view of payments, we see it, because
that is giving the organization certainty and good reputation. He knows it' s
an organization that works with ethics, integrity. We' re still seeing profits
from beaching. Avoid internal fraud. To avoid this, the creation of internal
compliance policies and regulations allows the establishment of systems of control over what is implemented
within the organization. As I mentioned, we have a fiscal plan, we
can have an accounting compliños why not and we will put a lot of emphasis
on the areas that require that management and why we talk about avoiding internal fraud.
You know that in the areas where we have money and more in the
MiPyMes that I say right now because you can tell me there is that one
my SME is not to have an area ofcomplayas or meet the iso thirty-
seven thousand three hundred one, because applying them is expensive. Yes, but
then we have the corporate integrity issues for my SMEs, where we can with
manuals and all see that situation and remedy it. This allows us to quickly
and accurately detect who and where bad practices are being generated to cut with them
and protect the information, capital and operations of the organization. It favors growth,
facilitates the understanding of the norms and rules that must be met to carry
out actions, strategies, processes and tasks that, in addition to bringing the
organization to the established objectives, stimulate growth and adapt to the standards of ethics
and commitment when we manage properly, because we will be more concerned about how
to grow. Fortunately, I say no, because let' s just let
go of some that we have the magical birthday is going to stay the same.
Don' t also remember that we have a situation. External legislation is
going to mention it, as well or the legislation as ornamental has been evolving
and being generated by many issues, by the progress that we have daily in
companies and countries. Then not because we' ve already met 100%.
We neglected it and said because there changes some legislation. If there are any
accountants here, they won' t let me lie we can in tax matters,
precisely what changes there are with the fiscal miscellany have to be on the
lookout. And if there is any change, our fiscal complay has already moved
and we have to bring it back into line with the new tax provision that
is in place. Then it will allow us to have good foundations, a
proper structure in the organization, so that we also properly dedicate ourselves to growing
the business. But it says we' re talking about compliance. It is
the same that Ciemos are what are the differences, because not really, they
are not synonyms and here we will see it. Ethics is an internal motivation.
Conduct is determined by convictions. What we bring within the fulfillment of an
external motivation. Conduct is determined by the fear of the consequences of not complying
with the regulations we have. In ethics importing intent into compliance matters behavior.
Ethics focuses on the spirit of the law. Fulfillment focuses on the letter of
the law. In ethics we can interpret in compliance we understand it then,
for Alejandro Salazar tells us, then for the presentations. They must begin with
the code of ethics and organization vanators. They are exactly the first bases that
must have teachers at random to have it, because let us remember that many
times SMEs, because perhaps they are the infrastructure, the investments of the family,
that they are mom, dad and children or son, and they still
do not have the possibility of having an area as such of fulfillments. Everything
can be supported, but what you mention is correct. We need to build
on the organizational manuals, the compliance manual and all those situations that can help
us. We have precisely within the diploma that the doctor mentioned that subject.
Server has the pride of honor rather than those sessions. Restoring in ethics,
behavior tends to be permanent and consistent in the long term, that is,
you do not change your ethics, ethics yara let us. However, compliance
behavior tends to change as soon as fear is lost or the consequences change,
that is, we have an attitude in the laws, because we begin to
worry less, but we begin to tighten with the laws or to have some
situation of change, internal reprisals of the organization or of the same legislation,
because we change to our attitude, too. In ethics. The approach is
positive. The duty to be in compliance, the approach is negative. What
cannot be done in ethics allows us to discern and choose between right and wrong
according to what we think of each one of us, in fulfillment there is
no opportunity for choice. We must do what is established. It' s
the norm for us. Yeah, I know you can tell us around that
interpretation of the laws. But there comes a time when that interpretation is limited.
Ethics does not require monitoring and monitoring systems. Compliance requires evidence. Ethics
is economic. Compliance is costly. It requires an investment. Ethics guarantees compliance.
Compliance does not guarantee that you have ethics We quickly see a timeline that
we have of how it has evolved. The east, the compliños allows you
to win a moment for a second. Please, well, I take this
opportunity to tell you that here at Chat Ahorita, we will put some information
on the diploma course for those who are interested and where they can contact us.
As Juan Fernando and his servant told you. The diploma begins tomorrow.
Thank you, Lupita, sorry you' re on a call. I'
ll tell you now a session. Excuse me I apologize for that where the
company starts or why it starts the completes. In the year nineteen hundred and
seventy- seven FCP is created, as I know it very well the Forring
Corroup Proacti SECT that is an American rative that imposes rules for companies in the
United States and that these act with ethical criteria when doing business abroad. That
is to say, it has even extraterritoriality in the' 90s. Likewise,
the United States at a meeting of about ten ethics officers from the University of
Bentley, Massachusetts, is the organization now known as the Ticy Compensse initiative.
The term Playance Fizerh was first used in the 1990s and was first used as
such in the United States. In ninety- seven ODE signed the Convention to
Combat Bribery of Foreign Public Servants in International Business Transactions of the Organization for Recovery
and Economic Development. This focuses on the part of the offer, mainly on
what we know as the bribe to offer it. We' ll see inside
even the workshop. The difference between bribe boi bribe. In two thousand thirteen
in our country, the federal law for the prevention and identification of operations with
resources of illicit origin enters into force, also called the anti- labado law
or the piorpi piorp law as much as it is told, where article 20
mentions the duty of moral persons to appoint a representative in charge of compliance and
where in article seventeen, we see the vulnerable non- financial activities. Let
me read. In our country there are also two thousand thirteen, the Royal
Commission on Economic Competition, COFESE and the Federal Telecommunications Institute, both charged with,
inter alia, preventing, investigating and combating monopolies, illicit concentrations and other
restrictions on the efficient functioning of markets. Also in our country, the national
code of criminal procedures comes into force, where legal persons are held liable for
crimes committed in their name, on their own behalf, for their benefit or
by means provided by them. Eyes on you remember we said earlier that it
could be a criminal accident. It is for this aspect that having a corporate
buy- in system prove that it is working properly can be a mitigating factor
in criminal proceedings that we have. Let' s see now other background,
as we have a little further back. This was what legislation we have and
what legal framework is based on compliance. Thus, in the 1960s, in
Germany, pharmaceuticals paid bribes to African countries to bring medicines, the market was
opened in weak jurisdictions, something very important. So, if you realized in
the seventy- seven we were talking about what you think it was about,
you will remember, I say those who are my age, more or less
will remember in the famous water Gay case of presidential espionage in the United States,
which to date is considered one of the most important political scandals in that
country. And this revealed a plot of espionage and hearsay that the Nixon Administration
in President Richard Nixson tonces carried out during the seventy- two election campaign,
when five individuals were discovered trying to force the entrance of the Democratic Party headquarters
in Washington, which resulted from the broadcast of then- President Richard Nixson on
August 9, seventy- four. There we have antecedents of normative compliance.
In seventy- seven, as you mention, the law of corrupt practices abroad
is signed. Here come some parts are for broadcasting companies. Companies registered with
or required to report on domestic concerns of the United States Government are companies organized
under American law, companies with a principal place of business in the United States
or companies with significant transactions that have sales or services shared with the United States.
Foreign affiliates of U S companies, foreign companies with U S investors,
foreign non- emitting entities that commit an act to promote bribery while in the
United States? And that' s about companies, as for third parties,
people who act on behalf of these companies, remember that I mentioned at first
that this law has extraterritoriality, and already for people, individuals. It refers
to foreign directors, officers, employees of the company, nationals and residents of
the United States acting for a foreign United States company who commit an act to
promote bribery while in the United States. All of this includes this law,
sanctions and consequences for businesses, as there are criminal penalties for anti- sobon
issues, a fine of up to two million. If there is a mishandling
of books and records up to twenty- five million, a train ticket five
million dollars, civil sanctions up to sixteen thousand for rape. Under the Alternative
Fines Act, corporations may be fined up to twice as much as the defendant
seeks to obtain a corrupt payment of corporate integrity agreements, including external oversight by
a monitor, but there are collateral consequences of exclusion, suspension or even empowerment.
U S leaders could lose safe, forward- looking ports and the ability
to do business with the government. As for individuals, as we also mentioned,
there is a criminal penalty, a fine of up to one hundred zero
for rape or twice the gross gain or loss of illegal activities, which is
greater than and five years in prison if it is in the handling of books
and records. A fine of up to five million for rape and twenty years
imprisonment, civil penalties up to sixteen zero for rape and collateral consequences disqualification of
officers and directors. The company cannot pay the PCPI fines of an employee or
be pink mentioning the companion cannot pay the fines of a nuclear. Policies cannot
cover the penalties according to the mark of OFCPI. Even if the individual is
a foreign citizen. Fines may be imposed on assets and income in the United
States through asset confiscation and the individual may face extradition. Remember that a compliance
officer. Criminal, civil and administrative sanctions may be created. Let me read
them. As for the material with pleasure, already Lupita will tell us already
they have it so that they can share it. The ude has something or
some treatise to do with this consistency. Master Salazar does have some indications.
We will see them and within the course you will be able to see not
only of the OUDE, but all the other laws that there are, like
the Arvan Soux law, the Zapan two that is from France, the uk
Braver React that is from England, also manages it perfect. And right here
we see what yu ca Braver is, it is already the inti law and
corruption of the United Kingdom. This came into force in July of the two
thousand eleven and the public and private sector bribes prohibit the offer and receipt of
bribes. It includes an offence of strict liability and has an extraterritorial and aggressive
effect. I mean, nothing else. CP has extraterritoriality also the uk braver
and act Health violations to it can expose companies and individuals to criminal sanctions,
serious and other repercussions. The basic principles he manages are not bribes or bribes.
It keeps accurate records and records of expenditures, applies due diligence to trading
partners and is always alert to alarm signals. It obtains short approval of any
expenses incurred for or on behalf of any public official, whether political, charitable,
gifts or invitations. What procedures are in place that are proportionate to the
prevention of bribery. They must be proportional to the risks of bribery faced by
the organization. Commitment at the highest level. The top officials of an organization
are best placed to foster a culture of integrity in which bribery is unacceptable.
Risk assessment, promoting the adoption of risk assessment procedures commensurate with the size and
structure of the organization and the nature, scale and location of its activities,
due to diligence a form of bribery risk assessment and a means of mitigating it.
The famous Duriligens communication that this communication should also be included training through training
to deter bribery by associates, by raising awareness and understanding of a business organization
' s commitment to its correct application. But if we have a commitment at
the highest level from the outset, everything else is very easily influenced by the
follow- up review. Commercial organizations will want to consider how super came to
be and evaluate the effectiveness of their bribery prevention procedures and adapt them where necessary.
I mentioned them and I have the APAN laws two that this is a
French law and corruption and protection of regularity complaints. Line up France. With
the evolution of international anti- corruption regulations, this is advanced mainly in the
previous two we saw. In the PCP and the uk Bravery Act, it
defines regulations to prevent and detect bribery and corruption through increased corporate transparency, strengthened
internal oversight and enhanced protection for the announcement of irregularities. It is intended to
control transparency by prosecuting corruption in the advertising industry. This law was focused on,
among other markets, because they have adapted it, they have been taking
parts of it. It emphasizes the transparency of companies, establishing the oratory for
an anti- corruption compliance programme, not only for radical companies in France,
but also for subsidiaries abroad. Third law that has extraterritoriality. Now that we
have in our country that we also have regulation we as part of the obligations
that Mexico must fulfil with regard to the agreement that we have with the OGDEA.
That is why Master replied that there is some relationship with the OGDE.
We had the amendment of article two hundred and twenty- two bits of the
Federal Penal Code. Pointing out article can be considered as the equivalent of the
CPF. However, it can be seen that its wording can be considered limited
and can give rise to a lot of interpretation. They' re telling us
about the bribe. Allow me a little bit. They' ll put penalties
in place to see them Let me read them. Penalties provided for in the
preceding article shall be imposed on anyone who, for the purpose of obtaining or
retaining for himself or herself or for another person indi- life advantages in the
NS development or conduct of international commercial transactions, offers promise or for himself or
herself or by interpossite, person, money or any other gift, whether in
goods or services to a foreign public servant, to a foreign publi server,
to carry out the processing or resolution of matters To any person who comes to
the foreign public servant and requests or proposes to him to carry out the resolution
of any matter related to functions inherent to the employment, charge or commission of
the latter. Here we understand a servant foreign people, any person who dares
you or occupies a public office so considered by the respective law. In the
legislative, executive or judicial organs of a foreign State, including independent autonomous agencies
or enterprises of State participation in any order or level of government, as well
as any international public agency or organization. In any case, if you wish
to go further, it is the article two hundred twenty- two bis s
title eleven that is bribed to public servants abroad. What Trends We Have Compliance
Corporate Guardians Internal attorneys are included in the compliance area, top executive finance to
partners to prevent and detect corporate criminal behaviors. Government expectations for these partners have
increased in recent years. Due diligence and inefficiency must be carried out, as
I told you of the agents and commercial sodas we have, not to ignore
the alarm signals raised by third parties, to implement appropriate controls and contractual protections,
to maintain adequate accounting controls to detect and prevent individual payments and right now.
Here' s something important you mention, including internal lawyers. Many times
they ask us hears and who should be the compliance officer, the lawyer,
the accountant, the administrator. There really isn' t a race we can
say this is specific to the compliance officer. Obviously, the lawyer is going
to give us legal certainty. Totally the accountant knows all the innards of how
the organization that that allows us is found. I would rather dare suggest that
you have if there is the possibility of the organization a multidisciplinary team. For
what reason I give you and I set this example. Always imagine that you
are a builder, which is the most important thing for building houses, buildings,
buildings, etc. Who is the expert in that subject, an engineer
or an architect, that is, maybe, there has to be the head
of the compliya area. He' s an engineer, an architect, because
he knows the environment of that business. So we see that situations are presented
to us and that we have a situation as such, potential areas of concern.
When we have external contractors, logistics service providers, consultants, etcetera.
Let' s have it as an eye of potential concern, frequent interaction with
the government, frequent licenses with some government, permits with municipalities we give,
contracts or sales with state entities or public hospitals. We have contact with official
directors of the company who occupy political positions or whose direct members of the family
do so. On issues of export and import of products. These are focal
areas that we must manage and have concern for our area of compliyances. After
actions with them we try to avoid them as much as possible, we can
give situations like this, large withdrawals of cash, frequent transactions, vague minimum
record. They remember that we mentioned that they are penalized for mishandling books,
travel and entertainment. You travel with colleagues, there are extravagant meals tickets for
sporting events, trainings that have nothing to do with what we do with employees.
Highly regulated industries, such as energy, telecommunications, services, doctors,
political health periods related to regulatory approvals. In the two thousand two he established
the Van Oxford desert, which prevented the counterfeiting of stock exchange securities, the
generation of frauds and the risks of bankruptcy added to the corporate candals of the
New York stackes Change, which led to the exemption of inter- company compliance
programs. We' ve seen more or less in what year, in different
parts to see allowed a good late moment, thanks for the accesse. How
helpful is the opinion of the satin’ s fulfillment. Yes, it is
a tool that helps us, but it is not something that helps us in
what is the compliance area. That gives us the certainty that our financial tax
area is working properly. But remember, we have other areas. It can
be a green focus, let' s say having it that way, but
specifically that way. Those areas because we may have some situation in the area
of production or some situation in fraud, in the area of sales or shopping.
Remember that the purchase year here does not have to avoid situation. Don
' t even imagine in the shopping area, where, because there is already
a situation among our shop manager and it turns out that nothing else we have
a supplier and no one else can sell us more than that supplier, because
that' s where we' re going to realize that there is, because
the little trip to I don' t know where, the little gift to
give why or I don' t know when. Let' s keep an
eye on it. In that situation. We have the obligatory complement, the
voluntary complement. The obligatory one is being introduced in many legislations, even in
Latin America and why we mention it like this, remember that they said it
is already a mitigating one, already some laws mark it. We have it
in our penal code, as we saw it. And one example is compliance
for the prevention of asset labor, which is an essential observance for banking institutions.
In this case, it seems that we have two vulnerable activities in our
country, financial and non- financial. Financials are those regulated by the National
Banking and Securities Commission, under the Secretariat of Science and, as mentioned,
the vulnerable non- financial activities registered in the site article, in our anti
- laundering law, which are the ones it pursues. Let' s say
the WiFi, which also depends on the Treasury, and we have the voluntary
birthday. The one who assumes in the company on his own, who decides
the high management of it becomes necessary for the achievement of the objectives of the
organization and ends up integrating into the corporate culture. Voluntaryly absorbed it the high
management is going to become mandatory for the company. We also have the cysts.
I' m not going into them. For situations that there are experts
who can mention them within the diploma. But we have thirty- seven zero
one that is managed anti- bribery, we seek a culture that promotes integrity,
transparency and normative compliance. We have the thirty- seven thousand three hundred
one that came to replace the nineteen thousand six hundred, which is the management
of compliance, the management of complyance, the advantage that this has. It
has already done the thirty- seven three hundred one, which is already certifiable,
is designed for all types of organizations and seeks to detect the materialization of
risks related to normative compliance. And the advantage that it already has is that,
as well mentioned at the beginning, this one already contemplates having its arias
allow me here the main benefits of having a certification and a compliance officer a
risk plan, among others, to achieve greater competitiveness and to achieve those opportunities
in topics ok, to have a certified compliance officer. I understand that the
Commission is not the securities banker. And if they are financial issues, it
is still mandatory for the WIF, which I remember, and if you do
not correct me, it is not mandatory for them to have the benefits of
being certified in vulnerable non- financial activities, such as the sale of real
estate, the sale of cars, jewelry, the use of vouchers, etc.
And the opportunity we have with such relationships to TIMEC is what I mentioned
at first that we are a company that has normative compliance. It will give
certainty to our counterparts, whether they are customers or suppliers, that we are
working properly. Which articles of customs law refer to complijas in the personnel.
Signal lol one hundred and fifty- three, Maestro Ortega, I am honest
with you. I don' t know the customs law. We investigate it
and we are happy to report it, but we are talking about customs compliance
issues already. He has a legal responsibility, of course I mentioned it already
you can have a criminal, civil or administrative responsibility. If you will allow
me, I continue with the questions to entertain us that we are running out
of time and with pleasure, now I attend to the ones that I lack.
They allow. We have the one of nineteen six hundred one that is
also going to change the Union, which is going to be the thirty-
seven thousand three hundred one UNE. The situation is also that this is for
Spain only, but there are people who cannot apply it. This difference is
that it made it worldwide and the one is still specializing in topics from Spain.
We have corporate governance issues, which is the framework of norms and practices
that refers to the structures and processes for the management of companies, by which
a board of directors ensures accountability, equity and transparency in the relationship of a
company with all its stakeholders. Have a board of directors and council committees,
including properly structured audit, put in place well- documented and well- defined
governance processes? Have greater transparency in the company structure Council by aligning your statutes
without planting documented and well- defined governance processes? That is what corporate governance
is all about and, as such, the concept of engagements and good corporate
governance coincides in many of its areas. We already have a digital compliance.
Yes, automation of processes and programs is essential in all organizations. Today we
are digitizing and technologicalizing on many issues. Then we must have a partner for
our digital system. Yeah, why not. If we can give ourselves that
opportunity, let' s have them are technologies that can effortlessly perform repetitive and
boring tasks and we would be effective at everything that human beings do. In
this way, workers can focus on aspects of their work that require emotional intelligence,
reasoning, and human interaction. Main technologies that we have artificial intelligence,
machine learning, which is the automatic presentation, the blog shine, that the
chain of blocks, that is in order to generate a centralized registration technology and
that the complince can use it to define briefly the normative compliance. That is,
there are very particular special characteristics. It is recognized for safety and traceability.
With a blog shange we can follow all the process we have. If
someone wants to alter it or alter it we will detect it, then this
is a tool that can greatly support normative compliance. Security, as you mentioned,
transparency traceability, because all participants can record transactions and their immutability. The
record obtains a timestamp validated by several monodes that does not allow to modify,
alter or have a later change. Management gives us the ability to organize prevention
plans to get or resolve and avoid in the direction or administration of a company,
the supervision and surveillance or direction by the one who intervenes control examination by
observation to make a check gives us evidence, because it gives clear and manifest
certainty that there can be no doubt about the subject And something important of a
teacher that even first God will be with us in the diploma. It'
s the compliment, isn' t it for who you need it for?
Is that who you want it for? We may need it, but if
senior management is not convinced and does not accept compliance, we will not have
it. On the other hand, senior management wants it, even if it
doesn' t need it. Fulfillment is going to be for them. Thank
you very much. Let me stop sharing and start seeing your questions that I
stayed. I apologize. Our random answer has already been given to him that
if he has legal responsibility, he has a Guzman accountant, assuming that our
company is located in a highly corrupt country or country where absolutely nothing moves without
the delivery of dadivas or bites. It is almost impossible to ask one of
my SMEs to integrate into culture compliance under the threat of not being able to
operate how you can convince partners to enter compliance if we run very high risks
of truncating their mission and their perfect vision against it. Let me close and
my accountant question we know each other. I think we do, we really
do. Let me stop sharing for the same and see if I can see
them all. This is very interesting the question that the Accountant Guzmán asks us.
Fortunately, these are things that don' t happen in our country.
They do not occur here, I say, in Europe, but here,
in our country, we do not have such situations. It' s not
serious. It is difficult and more one my SME, even you mention SMEs.
I' m going to the MiPyMes just to open it up. It
' s not that look or it needs. You missed the seal of not
staying from the I don' t know when so you can start, but
it' ll take you a long time. But if you like it,
then yes, it' s hard for us to get out of that situation,
but we have to work on it or against it. Yes, it
sounds very illusory. Yeah, but it' s also inside our head.
I say if I' m going to open a company, we know the
times and processes, because we stick to them if we want to open it
first, because we ourselves are promoting that situation. This one' s gonna
cost you work. This is how we have to do it and more so
if we are creating a company, because I believe that from the beginning we
do not do the process as it is. Fortunately, we already have the
means to complain about these situations. Then let' s use not a taste
my dear Robert, a pleasure to greet you accountant. I think this part,
though, if I had a chat here to see, let me see
because if not, if you don' t help me lupitas, if you
see that I miss any, you see that already at my age I forget
things and teresa that we have just arrived. They congratulate you on the presentation
and ask us what in your opinion, which SMEs in their culture, of
what is the culture of completion and if you lack, soria or supports.
Okay, now, we get to that one. That dim comes fundamental in
that code tells us the master tera whether it is correct material or could share
the presentation. If this one came up to me. Thank you very much.
You do. Indeed, it is only that we are up to date
on tax matters. It does not issue a full judgment of compliance. Thank
you very much from the Clamps. What is your view of SMEs in their
compliance culture? There' s no counseling or chickens to look at. Fortunately,
and here I' m going to be commercial for everyone. What micro,
small and small micro, small and medium- sized enterprises can do,
forgive companies, approach cameras as with Kanako, if they are from the tertiary
sector, if they are from the primary, secondary sector, because those that
they are entitled to support themselves and to see what others are doing and to
take those issues as a benefit. I think so do we, and I
' m going to talk here as many as advisors. And I am going
to allow myself to take the example of the accountant, because I know that
he is also dedicated to giving those advices and many external accountants do it or
the legal areas, because we have to generate that culture ourselves, within the
organizations, if they are giving us the confidence to be advisors to those organizations.
From the very beginning, let us address the issue of compliance, the
issue of ethics. It is easier for us to work well with ethics to
start correcting details that are being traced to us for issues that we do not
do, that we do not do around here, I think others with perfect
thanks. I don' t know if you have any other comments or situations
you might want. I say I know it was in forty minutes to talk
about compliance. It is short time, but we really invite you to those
who have not yet made the decision of colleagues in the diploma that you will
perform with Kanako cold Lock College Top Complins and other instances. Believe me,
you won' t regret it. It' s an interesting subject. They
have imposing very high standards. I' m told Doctor Maximus could carry something
on the subject of completion. Please go ahead, of course, well,
we leave you at your request, at the request of those present, we
open this the microphone of our panelists. Go ahead, Doctor Maximus. Thank
you, then, as in parliaments for personal allusions. Well, first of
all, congratulate the master, Dr Castillejo. Splendid talk, very didactic.
I see how well the people who take this course are going to do,
because well, here with you it says in forty minutes, because it gave
us a taste, a very good taste, very rich, because there it
will be a banquet in all safety. This one, in addition to really
congratulating you very sincerely and in the broadest way, is in the question of
customs law which you, with great honorability and impeccable ethics, say good.
I don' t know the customs law. It would be good if to
finish that training you have this one to give you a little reading. There
is, if there is already a principle of complyes, of course, in
the article and in the figure of customs agencies. The reform of two thousand
eighteen, which creates this figure of a legal person, as you rightly said,
not a moral person, as our civil code establishes. Without a legal
person establishes one for customs agencies. The legal person has to be a civil
society and then, of course, it has to have a code of ethics
there and, of course, it also has to have a compliance management system.
Then, answering a question, I think someone asked it. It is
already in the customs law Article one hundred and sixty- seven of the n
all the regulation and regulation on this new figure that, starting from, as
I said a moment ago, from two thousand and eighteen, is in our
law very not much used, it must be said also within the system,
but that every day it acquires greater acceptance and presence within the customs agents.
I reiterate, Master Don Juan Castillejo, it is my extraordinary congratulations and I
hope it is not the last time, but one of many that you will
enlighten us with your knowledge. It will be an honor for me, a
pleasure. Doctor. Thank you very much for your words and believe me that
yes since we are immersed in this environment, as you saw it. I
' m not a lawyer, but I' m perfect with lawyers, so
I do comment and allow myself in good shape. Let' s say brag.
I' m already studying my master' s degree in regulatory compliance.
Precisely to be suitable for these topics Master Salazar tells us. It is difficult
for MiPyMes to enter a compliance system, but it is necessary to try to
do so because of the costs, as is well known, are high.
That' s right, Master Sarazan, and I mentioned it at first.
I mean, I' m not against isos. Uh, I mean,
I' m not against make, but reason is designed for big companies.
We will talk about medium to large companies and neglect the MiPyMes in that sense
and with all pleasure, because you will find organizations like can be TOP with
Playans, as we also have it within the Compliance Committee and fight with Kanaco
Servitour, who well tends to chair Dr David Merino and his server Sori,
the Secretary the issues of corporate integration. It is precisely the United Nations,
through the PENUT, of the United Nations Programme for Business Development, that has
MiPyMes programmes and has worked and I feel a raus that I am also certified
on this subject, precisely to talk about the integrity of my SMEs and,
as they said, this is the simple application of the manuals that have to
be kept within an organization to make them work. Already with the growing of
the organizations, first of all with their development, that go from micro to
small, medium- sized to medium- sized, that we hope could always
be so. But, unfortunate, ninety- five percent of our companies are
still micro and small. This one may be adopted or known. That regulation
is very good, yes, it is certifiable, yes, as I mention
it, it is costly. I do not deny it, I do not
deny it very well, yes, but we see even the schemes of enterprises
fulfilled. It' s not all going there, it' s not exactly
what it' s going to be. Well, and this engineer up ahead
is going to be rubit your congratulations. Juan is a very interesting topic,
very important for everyone who is here. I think that many of these early
childhood education comes from the ethics that we have to have ethics and speak out
about the situation of compliyas. Unfortunately, there are many problems in the area
that we handle externally, as customs there are still many problems. But if
I do, one of the things I' ve told people all my life
is to complain, don' t pay. Watch out if you' re
okay, complain, leave the complaint and pay and don' t pay.
But, unfortunately, many times you hear I' ve been detained for fifteen
days and I' m being asked. And I' m fine, well,
if you don' t pay, they' re gonna have more time
and everything, and it' s a very strong problem. I still think
we still need a lot of children' s education, a lot of taking
all this and the birthday is growing, it' s growing and it'
s taking a very strong form in Mexico. We must therefore start and continue
on the issue of compliance. We' re going to meet and we'
re not going to the question of giving the dad and he' s going
to give the gift or all that' s hard, but I think we
' re going to get there eventually. Now you have to make one a
top- notch country. Thank you, congratulations, very interesting, your talk
and yes, I say those sanctions that indicate there the question that there is
in the United States, that comes to us, because it is very difficult
not and we saw it here with Ibedrola or we live with some other pharmaceuticals
that have put money in the government to sell all their products. That'
s what we have to avoid and that' s what we have to be
very aware of everyone and a compliance officer can work a lot and can do
a lot of good for the country. Thank you, congratulations. We'
re against it, Engineer, Thank you, Thank you, Engineer. Vistale
we open the microphone also forward. Thank you very much, Vita, congratulations.
This master almost arrived is always a healthy taste. The ultimate doctor,
my friend Enrique. Thank you very much, so notice that to me,
I kind of have the perception that the private sector, we are taking compliance
seriously, but we don' t have the other counterpart and I think they
are being very bad, very bad, and we have to say yes,
the official sector is getting worse every day for any management. They make you
the suggestion or the late question. Yes, and since I am a person
that I do not like I have never given a single fifth in the incorporations,
because I manage incorporated schools, because I have preferred to wait for the
other government because in this semi own or they wanted to do it to enter
with the with with the entrance, not to face it. So this circumstance
seems very good to me that we, as a private initiative to which we
dedicate ourselves, because I presume that of the hundred percent of those who attend
telese Maga, yes, a percentage we are in private life or a high
percentage. I hope that in the government sector for the next administration they will
take this compliance seriously in all areas where they have their responsibility. It'
s how much and how much congratulations. Thank you, Lupita, thank you
very much, thank you very much. He also gives them the Doctor'
s highest congratulations. And well, then, at five o' clock in
the afternoon, he allowed me here in the peaceful to hand over the diploma
to master Juan Fernando. Let' s do a trick and if we are
granted the present recognition to the graduate Juan Fernando Castille José Chandy for bartering in
the virtual conversation with the subject complince for my company on the 8th of November
of two thousand twenty- three and signed by our President, Dr. Octavius.
The tower and teacher Daniela Martinez. We' ve reached the end of
today' s barter. Thank you so much for joining us. This was
let' s barter. Viazom an event of telc magas and Mexico. If
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