As a result of our permanent orientation to strict compliance with current laws and regulations, as well as maintaining the high standards of our company, information to you that SalfaCorp SA and Subsidiaries has designed and implemented its own Crime Prevention Model (MPD) , in reference to Law 20,393.
Our model operates through various control activities on processes or activities related to the business that could present potential commission risks for the crimes indicated in Law 20,393 in order to prevent and detect them in a timely manner.
Compliance with our SalfaCorp Crime Prevention Model is mandatory for all employees and third parties linked to our Company, such as:
- Workers of SalfaCorp S.A. and Subsidiaries
- Clients, suppliers, service providers, contractors and subcontractors.
- Shareholders, directors and senior executives.
- All those who carry out administration and supervision activities for the Company
WHAT YOU SHOULD KNOW ABOUT LAW 20,393: CRIMINAL RESPONSIBILITY OF LEGAL PERSONS
In essence, Law 20,393 establishes that there are certain types of crimes that, in case of being committed by a natural person and that go directly to the benefit of any company, the penalty lies not only in the person who commits the action, but also in the person legal behind. These are:
- 1. Asset Laundering (2009)
- 2. Terrorist Financing (2009)
- 3. Bribery (bribe) of national public employee or foreign public official (2009)
- 4. Receiving (2016)
- 5. Corruption between individuals (2018)
- 6. Disloyal Administration (2018)
- 7. Incompatible Negotiation (2018)
- 8. Misappropriation (2018)
- 9. Contamination of the sea, rivers, lakes or any other body of water (2019)
- 10. Processing, support, transformation, transport, conversion of banned hydrobiological resources and products derived from parameters (2019)
- 11. Perform extractive activities in areas of management and exploitation of benthic resources, without owning the corresponding rights (2019)
- 12. Process, develop or store hydrobiological resources or products derived from them, whose legal origin is unknown, and that correspond to resources in a state of collapsed or overexploited (2019)
- 13. Inobservancia del aislamiento u otra medida preventiva dispuesta por la autoridad sanitaria, en caso de epidemia o pandemia (2020)
- 14. Infracciones al acceso de prestaciones de seguro de desempleo en circunstancias excepcionales (2020)
Thus, any of these crimes committed for the direct benefit of any Company by its owners, controllers, managers, chief executives, representatives or those who carry out administrative activities, will be sanctioned according to this Law, provided that the commission of the crime is consequence of the breach of direction and supervision of the Company.
In this case, the legal person will respond criminally when the crimes have been committed by natural persons who are under the direct supervision of any of the aforementioned subjects.
The management and supervision duties will be considered to have been fulfilled when, prior to the commission of the crime, the legal person has adopted and implemented a Crime Prevention System, in accordance with the provisions of Law 20.393.
ELEMENTS OF THE CRIME PREVENTION MODEL
- Designation of the Crime Prevention Officer.
- Definition of media and faculties of the Crime Prevention Officer.
- Establishment of a crime prevention system.
- Supervision and certification of the crime prevention system.
WHAT KIND OF SANCTIONS IS THE COMPANY EXPOSED?
- Dissolution of the legal entity or cancellation of the legal personality.
- Temporary or perpetual prohibition of celebrating acts and contracts with state agencies.
- Partial or total loss of tax benefits or absolute prohibition of receiving them for a certain time.
- Tax benefit fine.
* These can range from 200 to 20,000 UTM.
HOW TO EXEMPT FROM CRIMINAL RESPONSIBILITY?
The Company can be exempted by complying with the duties of management and supervision, such as:
- Appoint a Crime Prevention Officer.
- Provide sufficient media and faculties to the Crime Prevention Officer.
- Establish a Crime Prevention System.
- Supervise and Certify the Crime Prevention System.
WHAT SHOULD YOU DO IF YOU ARE IN KNOWLEDGE OF SOME CRIME ESTABLISHED IN LAW 20,393?
Toda persona que considere la existencia de una situación irregular respecto de lo establecido por el MPD y la Ley 20.393, debe denunciar en forma personal o anónima tal situación a través de los 2 canales de denuncias que SalfaCorp S.A. ha implementado para esto y que están disponibles en este sitio web.
Crime Prevention Officer
CRIME PREVENTION MODEL
Read about our crime prevention model (MPD) Law 20.393 SalfaCorp
- Crime Prevention Model
- Crime Prevention Policy
- Prevention Policy Procedures
- Violation Reporting Procedure