CGU/CEP Joint Regulation No. 1 of May 6, 2016
Transcrição
CGU/CEP Joint Regulation No. 1 of May 6, 2016
ANTICORRUPTION, CORPORATIVE INTEGRITY & COMPLIANCE CLIENT ALERT MAY/2016 CGU/CEP JOINT REGULATION NO. 1 OF MAY 6, 2016 PRACTICE AREA Anticorruption, Corporative Integrity & Compliance On May 6, 2016, the Brazilian Controller General (Controladoria Geral da União – “CGU”) and the Public Ethics Commission (Comissão de Ética Pública – “CEP”) enacted the Joint Regulation No. 1, whose purpose is to regulate the participation of federal public servants in events and social activities paid by third parties. COORDINATION Mariana Villela Leonardo Maniglia Duarte Participation in events promoted by private institutions The Regulation states that expenses related to the participation of public servants in events associated to their professional activities should preferably be paid by the public entity where the agent works. However, it is possible for private institutions to pay for participation expenses (such as food, transport, enrollment), as long as the private entity does not make payments to the public servant for such participation. According to the Regulation, private institutions should address invitations to the top authority of the public entity or to a person specially assigned with the task of choosing who should represent the public entity in such event. Invitations for dinner, lunch, breakfast and others The Regulation provides that public servants may accept invitations for dinners, lunches, breakfasts or similar events funded by private parties, as long as these events do not involve luxury items (such as expensive drinks or food). Invitations for entertainment activities According to the Regulation, public servants are prohibited from receiving tickets and invitations for entertainment activities such as concerts and sporting events. As an exception, public servants may accept invitations and tickets, if: (i) the public agent is assigned for institutional representation; (ii) the tickets or invitations come from public promotions or raffles; (iii) they are offered by relatives or friends (as long as the relative or friend pays for the ticket him/herself); and (iv) the invitations or tickets are ditributed by governmental entities of any level. For further information, please send a message to [email protected] This document was prepared exclusively for informational purposes and does not constitute legal advice or an invitation to an attorney-client relationship. If you have any questions, our lawyers are available for clarification. It is forbidden to distribute, reproduce or transmit this document, in full or in part, without the prior consent of Veirano Advogados. © 2016 Veirano Advogados. All rights reserved. Legal effect of the Regulation The Regulation enters into force as of the date of its publication, on May 9, 2016, and should be complied with by all federal public servants. We remain at your disposal in case of any doubts or need for further information. Mariana Villela [email protected] Rodrigo da Silva Alves dos Santos [email protected] Nayara Mendonça Silva e Souza [email protected] veirano.com.br Rio de Janeiro São Paulo Porto Alegre Brasília