The Anti-Corruption Office has enabled the registration and use of the Registry of Integrity and Transparency of Companies and Entities (RITE), after announcing its establishment in April 2021. The purpose of the RITE is to contribute to the development, improvement and maturity of the integrity programs as provided for in Law 27,401; the exchange of good practices; and promote transparent business and market environments.
On 16 December 2022, the Data Protection Authority issued Resolution No. 255/2022 (“Resolution”). The Resolution approves the guiding criterion on the processing of genetic data, which is mandatory for those who are subject to the Personal Data Protection Law No. 25,326.
On 7 October 2022, the Investigative Authority of the Federal Economic Competition Commission (COFECE) published the notice of initiation of an investigation for alleged horizontal monopolistic practices, also known as cartel practices, which include agreements to manipulate prices, restricting supply, or coordinating bids in the market for the production, distribution, and commercialization of flat glass and products manufactured from flat glass in the national market.
On 1 December 2022, mining canons were increased through the enactment of the General Budget Law of the National Administration for 2023, specifically by the amendment of articles 31, 213, 215, 219 and 221 of the Mining Code. These canons had not been modified since 2014.
It is also established that the canons will no longer be adjusted by law but by resolution of the Secretary of Energy based on the inter-annual variation of the Consumer Price Index.
The new version of the Mexican General Import and Export Duties Law, including its tariff schedule, published on 7 June 2022, became effective on 12 December 2022. Consequently, several administrative regulations updating tariff classifications also became effective on that same date. This includes the latest amendments to the Export Controls Regulation, published on 24 November 2022 and the Embargoes Regulation, published on 11 October 2022.
This a reminder that the end of December is the legal term for companies that receive foreign investment to comply with the Declaration of Economic and Financial Information by submitting their financial data, related to the base date of 30 September 2022, in the Central Bank’s system, as per Resolution No. 3,844, of 23 March 2010, of the Brazilian National Monetary Council and Circular No. 3,814, of 7 December 2016, of the Central Bank.
The Superintendence of Industry and Commerce, the sole authority for competition protection in Colombia, issued a Guide to Provide Orientation in the Implementation of Competition Compliance Programs. Although the Guide has a doctrinal scope and does not impose obligations, its publication allows the market to understand the vision that the SIC has on the relevance of these types of programs, the benefits of implementing them, and the key elements that they should contain and develop. In this way, the SIC highlights the value of these programs as a mechanism for the prevention and early detection of anticompetitive conduct.
On 7 September 2022, Brazil and the UK issued a joint declaration announcing the intention to start negotiating a double tax convention. This announcement came off the back of a number of years of discussion to progress both policy and technical issues – hence the treaty was able to be signed on 29 November 2022, within three months of that announcement. The treaty has not yet entered into force – this will happen upon completion of the legal procedures required by both countries, but it is not yet clear how long this will take.
On 5 and 6 December 2022, Resolutions 240/2022 and 244/2022 were published in the Official Gazette. By means of these resolutions, the Access to Public Information Agency contemplates a new classification of infringements and sanctions applicable to conduct in breach of Law 25,326 and its related regulations.
On 30 November 2022, Decree No. 792/2022 enacting Law No. 27,699 that approves Convention 108+ on the Protection of Individuals with regard to Automatic Processing of Personal Data, was published in the Official Gazette.