The implementation of a compliance program in the different areas of a company can be incorporated through the compliance officer, whose job is not only to develop and implement compliance within the company, but also to verify that all activities carried out within the organization are in accordance with it, as well as to review periodically the activities carried out by each of the areas and to measure the levels of risk and establish new procedures in order to avoid violations of regulations.
Therefore, it is recommended for the compliance officer to be a lawyer with expertise in the company's areas, who must be accompanied by a team of specialists in each of the areas, in order to ensure that the implementation of the procedures complies the highest standards of compliance. It is important to note that the compliance officer has no decision-making or executive powers within the company, his function is only the duty to monitor and control each of the areas of the company to corroborate that the procedures implemented are being complied with.
Therefore, in order to provide legal certainty in its performance, it is advisable that the person who performs this function does not have an internal position within the company, but as an external agent that allows to provide a real and impartial view on the development of the business activity.
According to the International Compliance Association, the levels of responsibility of compliance officers can be divided into two:
a. Level 1: The compliance officer must ensure compliance with external rules and regulations to which the company is bound.
b. Level 2: The compliance officer shall ensure compliance with internal control systems, policies and corporate governance strategies to comply with internal regulations.
Some of the functions and duties of the compliance officer are the following:
1. Develop, implement, and monitor the company's compliance program.
2. Review of the activities carried out in each of the areas of the company, in order to verify compliance.
3. Create communication within the company to be aware of regulatory compliance in each of the areas.
4. Coordinate and train officers and employees within the company so that they are aware of the regulations governing their area.
5. Identify the legal and ethical responsibility to which the company is obliged.
6. Implement the necessary procedures to identify risks with respect to regulatory compliance, for example, the implementation of a system of complaints and denunciations, periodic reports from each of the areas to be aware of compliance.
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