Proethics - what it is and how to adapt

The Pro-Ethics seal originated from the union of efforts between the public and private sectors to promote a more integrated, ethical and transparent corporate environment in the country.

On December 9, 2010, during the celebrations of the International Day to Combat Corruption, the CGU - Comptroller General of the Union and the Ethos Institute for Business and Social Responsibility established the Pro-Ethical Company Register, a pioneering initiative in Latin America, created to promote the voluntary adoption of integrity and corruption prevention measures, fostering the creation of a more integrated, ethical and transparent corporate environment.

The understanding was that the fight against corruption must go beyond the state sphere and not be the exclusive responsibility of the government, since a viable solution requires the effective participation of the private sector in confronting the issue. For this reason, there was a need to make the private sector aware of the importance of preventing and detecting acts of fraud and corruption, in order to encourage combat measures.

Pro-Ethics was established with the following objectives: To promote, within the private sector, the implementation of measures to promote ethics and integrity and against corruption, to make companies aware of their relevant role in confronting corruption, to reduce the risks of fraud and corruption in relations between the public and private sectors, and to recognize good practices for promoting integrity and preventing corruption in companies that voluntarily adopt desired and necessary measures to create a more integral, ethical and transparent in the private sector and in its relations with the public sector.

In 2014, a process of restructuring Pro-Ethics was initiated, with the objective of adapting it to the changes brought about by Law No. 12,846/2013, expanding the number of participants and increasing publicity surrounding positively evaluated companies. This restructuring ended in 2015 with the creation of a new evaluation methodology and over the years there has been a continuous process of improvement and valuation of Pro-Ethics.

More details about the history, objectives and even the international recognition that Pró-Ética has achieved, can be found at the official link:

https://www.gov.br/cgu/pt-br/assuntos/etica-e-integridade/empresa-pro-etica/historico

Making companies aware of their relevant role in confronting corruption is one of the objectives of Pró-Ética, and registrations for the seal began in November 2022. With the publication of the new Decree 11.129/22, which improved the drafting of the evaluation parameters for integrity programs, the rules for obtaining this seal were adapted to the evaluation methodologies already applied within the scope of the Federal Comptroller General (CGU). The Pro-Ethics seal demonstrates that the company has been recognized by the Steering Committee for its efforts to ensure ethics and integrity.

To request recognition, the company must complete an evaluation questionnaire, available on the program's website, regarding ethics, integrity, and corruption prevention measures effectively adopted by the company. It is necessary to prove that the company's measures are effectively implemented.

The questionnaire has 75 questions, each worth one point, divided as follows: senior management commitment and commitment to ethics (25 points), policies and procedures (25 points), communication and training (15 points), reporting and remediation channels (15 points), risk analysis and monitoring (15 points), and transparency and social responsibility (5 points).

After evaluating the responses and documentation, the Management Committee deliberates regarding the approval of the company and rCompanies that obtain a score equal to or greater than 70 points receive the Pro-Ethics seal, requiring at least 40% of the points in each area assessed by the questionnaire.

Some practices important to a recognized integrity program involve Compliance, for example, which are measures taken to ensure compliance. Compliance also addresses Corporate Governance. Another recommended practice is Due Diligence, a risk management process that is carried out in cases of company negotiations. This process evaluates partners and suppliers that relate to the company.

It is also recommended as a practice to obtain the recognition of Pro-Ethics, identifying potential risks, whether legal or reputational. In addition to the management and monitoring of third parties and also social responsibility.

In addition to promoting some changes in the criteria, both mandatory and optional, contained in the questionnaire, the Management Committee also decided that the companies' membership in the register must be renewed annually, so the recognition of the company as Pro-Ethics will be retroactive. The purpose of this action is to monitor the maintenance of the program of compliance or integrity of the company over time, and no longer guarantee the brand permanently for the next two years, as it currently is.

Contact Taticca Allinial Global Brazil, which provides integrated auditing, internal auditing, accounting, tax, corporate finance, financial advisory, risk advisory, technology, business consulting and training services, for more information, through the website www.taticca.com.br or e-mail taticca@taticca.com.br and learn more.

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