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