Dear Clients and Friends:
Among the main purposes of the USMCA is to facilitate international trade and investment between the parties. The fight against corruption is considered a substantial element to fulfill such purpose.
Under Chapter 27 “Anti-corruption” of the USMCA, the parties undertake to take measures to combat bribery and corruption, among which the following stand out:
- Criminalize, prosecute and punish acts of corruption, bribery and embezzlement.
- Set forth liability to companies for the commission of bribery, as well as acts of mishandling of books and accounting records.
- Encourage companies to develop internal controls, compliance and ethics programs as well as measures to prevent the use of facilitation payments and corruption, especially in the international trade and investment fields.
- Promote integrity within the public and private sectors.
Although the Mexican legislation includes provisions addressed to punish corruption, both in the public and private sectors, we shall take into consideration that the USMCA implies additional commitments for Mexico which recognize the benefits of implementing integrity policies, compliance programs, ethics programs and internal controls within the Businesses.
On the other hand, Chapter 27 is not the only one that refers to the importance of the implementation of internal controls and effective compliance programs. Chapter 13 “Public Procurement” of the USMCA seeks to ensure integrity in the contracting through the implementation of internal controls and effective compliance programs.
We want to encourage our clients to continue generating a culture of integrity, prevention and self-regulation within their Businesses, as part of a new normal that now will also need to take the USMCA into account.