The development of compliance in Colombia has followed a trend seen in other countries, with changes incorporating new laws.
Colombia and changes to compliance
Following amendments to criminal codes in the United States, Mexico, and Spain, other countries have also reconsidered the principle: societas delinquere non potest. This article looks at Colombia's case.
According to the original article, changes to Colombia's Criminal Code beginning in 2018 sought to put an end to the principle that legal entities cannot commit offenses.
The article describes two proposed laws, 117 and 127, as setting out obligations for legal entities to regulate themselves.
The offenses it says are covered include those against the economic and social order, natural resources and the environment, and public administration.
These proposed measures would give companies and institutions an opportunity to align their operations with corporate governance best practices.
A new compliance program
The article highlights the inclusion of a specific regulatory compliance program, or compliance program. It says each legal entity would need at least a Code of Ethics, a policy protecting the anonymity of people who report misconduct, an ethics channel to receive reports about compliance with the code, and a compliance officer.
By putting these elements in place, organizations in Colombia can move closer to good corporate practices.
The article also points to standards of the International Organization for Standardization (ISO), such as ISO 31000, ISO 19600, and ISO 37001, as increasingly relevant for organizations.
At EthicsGlobal, we welcome efforts in different countries to challenge that old principle and fight corruption from several angles.