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On this episode of the Compliance Podcast of the Caracas Office, Jesus Davila speaks to Marco Andrade, specialist on ISO norms. Marco will guide us into the fascinating world of the ISO Norms and their applicability in the corporate environment, as well as the opportunity to incorporate such norms in the corporate systems for managing risks and quality control. Furthermore, it is very interesting to review how the ISO Norms define a space for the creation of integrity protocols for companies.

On 15 May 2023, in the context of the parliamentary discussions of the Bill No. 13204-07, which amends various legal bodies to expand the criminal liability of legal entities and regulate the exercise of criminal action with respect to crimes against the socioeconomic state, the Executive is now ready for the Bill’s enactment into law. The main purpose of the Bill is to broaden the criminal liability of companies, systematize economic and environmental crimes and establish their respective penalties.

The Secretariat of Foreign Trade of the Ministry of Development, Industry and Trade and Services by means of Circular No. 12, published on 10 April 2023, set a 30-day deadline (extended for additional 30 days by means of Circular No. 14, published on 27 April 2023) to gather contributions from the civil society regarding the draft ordinance that provides for new procedures for the assessment of public interest in the context of trade defense measure.

Under Normative Rule 2,139, labor lawsuits will only need to be reported in the eSocial system starting July 2023. It may be understood that companies will not be required to include all ongoing labor lawsuits but only lawsuits with decisions no longer subject to appeal issued after the new July 2023 deadline, as well as those with impacts on employment obligations or tax, severance fund or social security payments.

Following the ruling issued on 8 June 2022, which determined that collective terminations require union involvement, Brazil’s Supreme Court has published on 25 April 2023 a new decision clarifying that such requirement applies to collective terminations implemented after 14 June 2022. The Supreme Court decision states that “prior union intervention is an essential procedural requirement for the collective termination of workers, which is not to be confused with prior authorization by the union or the signing of a collective agreement”.

On 2 May 2023, the Argentine Securities and Exchange Commission issued General Resolution No. 959/2023 in order to restrict the sale of marketable securities with settlement in foreign currency for parties that hold positions in surety bonds and/or repos, regardless of the settlement currency. Likewise, settlement and clearing agents are prohibited from granting financing to the transactions mentioned above. Finally, the term of permanence in portfolio for the sale of marketable securities with settlement in foreign currency in foreign jurisdiction is modified.