The Decree 390 of 2024 issued by the National Government establishes the procedure for the Superintendence of Companies to grant benefits for collaboration in matters of transnational bribery and corruption. These benefits may lead to the total or partial exoneration of administrative sanctions.
To access the benefits, it is necessary to submit an application that varies depending on the conduct. In the case of transnational bribery, the following requirements must be included: identification of the natural persons involved and their relationship with the infringing legal entity; information on manner, time, and place; identification of the implicated public servant; description of the benefits or profits offered or delivered; specification of the advantage obtained; and evidence that meets criteria of quality, usefulness, relevance, and conduciveness, among other aspects.
For the administrative responsibility of legal entities for acts of corruption, the information presented must include: the connection of the natural person with a firm conviction sentence or a confirmed plea bargain; information on manner, time, and place; identification of the benefit obtained, either directly or indirectly, by the legal entity; the means through which the legal entity consented to or tolerated the conduct, by action or omission; and evidence that meets criteria of quality, usefulness, relevance, and conduciveness, among other aspects.
