1. OBJETIVE
The Anti-Bribery Policy of the Superintendency of Banks reflects the high commitment of all servers to carry out their activities with the highest level of ethics and in strict compliance with current legal regulations.
For the development of this ANTI-BRIBERY POLICY, the Superintendency of Banks has taken as a reference the Anti-Bribery Management System (SGAS), according to ISO 37001: 2016, the Constitution of the Republic of Ecuador, the Organic Comprehensive Criminal Code, the Transparency and Access to Public Information Law; the International Agreements signed by the Ecuadorian state regarding compliance and prevention of bribery.
The Superintendency of Banks has established policies and guidelines for an effective implementation and operation of the SGAS, which will help prevent, control and manage risks related to bribery that may arise within the Institution as well as with its stakeholders.
2. SCOPE
This ANTI-BRIBERY POLICY is applied in the headquarters of the Superintendency of Banks, in the city of Quito, in the specific processes of the National Legal Intendancy that are: “Recovery of Assets of Entities in Liquidation”, sub-processes of: “Appeal, Review and Resolution of Claims ”, and “Agency Opening and Closing Ratings ”.
The application of this policy applies, especially, to servers that are part of the activities of the processes described in the previous paragraph; and, to the servers that intervene in the other processes of the Institution determined in its process map. In addition, the application of this ANTI-BRIBE POLICY will be disclosed to interested parties in order to prevent any type of bribery.
The SGAS will be evaluated and subjected to periodic reviews to meet the anti-bribery objectives set by the Institution.
3. DEFINITIONS
- Bribery: It is defined as the act of giving, offering, promising, requesting or receiving something, regardless of its value, either as consideration for an improper benefit, whether financial or non-financial, or an inappropriate advantage or as consideration for the performance of any public or private function, regardless of whether said offer, promise or request is for itself or a third party, or under that person’s own name or on behalf of a third party.
- Server: Person who holds a position under any modality (appointment and / or contract) in the Superintendency of Banks.
- Institution: Superintendency of Banks.
- ISO 37001: It is the international standard designed to help organizations implement a management system against bribery. It specifies a series of measures that the organization can implement to help prevent, detect and deal with bribery.
- SGAS: Anti-Bribery Management System.
- Standard: ISO 37001: 2016 standard.
- COA: Organic Administrative Code.
- LOSEP: Organic Law of Public Service.
- COMF: Organic Monetary and Financial Code.
- COPFP: Organic Code of Planning and Public Finance.
- COIP: Comprehensive Organic Penal Code.
4. ANTI-BRIBERY POLICY
4.1.- The Superintendency of Banks is committed to fighting bribery by establishing principles that guide the behavior of all internal and external clients.
4.2.- In the Superintendency of Banks ANY BRIBERY ACT IS EXPRESSLY FORBIDDEN, either directly or indirectly through an agent or a third party and in relation to a public servant or a private person, and any type of behavior or action that could be a violation of the current legal norm.
4.3.- The servers of the Superintendency of Banks undertake to faithfully comply with the national or international anti-bribery laws that are applicable to the Institution, as well as to comply with the requirements of the SGAS.
4.4.- The servers of the Superintendency of Banks are committed to the continuous improvement of the SGAS, expanding its scope and detecting variations in the environment in which the Superintendency of Banks develops its businesses in order to convert threats into opportunities.
4.5.- In order for the SGAS to function with complete independence and transparency, the role of the RESPONSIBLE FOR THE COMPLIANCE FUNCTION has been defined, with sufficient competence, status, authority and independence vis-à-vis the SGAS.
4.6.- The server of the institution, citizen or interested party has an ethical and moral obligation to report any suspicious action or conduct that violates this ANTI-BRIBERY POLICY or the requirements of the institution’s SGAS. The Superintendency of Banks undertakes to take all necessary actions, within the scope of its powers, to avoid any type of administrative retaliation against the complainant or informant.
The Superintendency of Banks has set up a whistleblowing channel so that people can report a fact, suspicious behavior or raise any type of doubt or query in this regard:
Record of communication through the secure CHANNEL OF COMPLAINTS provided by the Superintendency of Banks accessible on the website: https://www.superbancos.gob.ec/bancos/
Accessing directly to the link: “CREATE THE CHANNEL OF COMPLAINTS” and the email in which they will receive any complaint or claim related to any action or conduct that is suspected of violating the Institutional ANTI-BRIBERY POLICY.
The Superintendency of Banks has established safe internal mechanisms and processes to guarantee the confidentiality of the complaints and communications received, since it is important, the communication of any indication or suspicion of acts by a server or interested parties that violate this policy or the Code of Ethics.
4.7.- The Superintendency of Banks encourages and recognizes any communication of indication or suspicion of violation of the law and the Code of Ethics of any of its servers or people related to the Institution, safeguarding the information of the complainant or giving the option of anonymity in the complaint, so it encourages them to present, in as much detail as possible, the events reported.
4.8.- The Superintendency of Banks will sanction the server that is immersed in acts that violate this ANTI-BRIBERY POLICY and the SGAS, according to current legal regulations. The application of disciplinary systems will be subject to the rules of due process.
4.9.- The Superintendency of Banks prohibits all its servers from receiving any gift, hospitality, donation or other similar benefits that could be perceived as a bribe.
