A new voluntary (at least, for now) standard was issued yesterday by the Peruvian government on anti-bribery management systems (applicable, among others, to Peruvian companies) – it is just a translation of ISO 37001 issued in 2016 (you may see here a previous post on ISO 37001).
The whole or part of such standard has not been declared by the Peruvian government (at least, yet) as the “preventive model” (actually, a compliance program) referred to in Legislative Decree N° 1352 issued in January this year (but yet enforceable since January 1st, 2018) and which implementation: (i) prior to the corruption offense, shall release Peruvian companies from autonomous liability (that is, independent from the criminal liability of the natural person who committed the crime) in case of corruption of Peruvian and foreign government officials; and (ii) after the corruption offense but before certain stage in the judicial process, may extenuate such Peruvian companies´ liability. However, we should be hearing soon from the Peruvian Government about that “preventive model” since, according to such Decree, its regulation should be approved by the Executive no later than May 17, 2017.
