Anti-corruption and anti-money laundering policy

ANTI-CORRUPTION AND ANTI-MONEY LAUNDERING POLICY
August 2018

1. INTRODUCTION

This Anti-Corruption and Anti-Money Laundering Policy of SFCS Advogados aims to adapt the activities of the office to the standards of anti-money laundering prevention and anticorruption practices.

The direct or indirect offering of bribes, commissions and other improper incentives involving public servants, clients, suppliers and all other counterparts is prohibited.

The ban includes “facilitation” payments (i.e., small payments made to ensure that a public official performs official duties), as well as connivance with such practices.
This policy applies to all employees in the firm (partners, lawyers, interns, employees, suppliers of goods and services, etc.). SFCS and its members must adopt, and require that others (including third parties) adopt the best practices in the exercise of their activities, seeking to prevent and combat money laundering and corruption.

2. PREVENTION ON MONEY LAUNDERING AND FINANCING TO TERRORISM

The money laundering crime is provided for in the Brazilian legal system in Law No. 9,613, dated March 3, 1998, which was amended in 2012 by Law No. 12,683, and is configured in the practice of attributing appearance of lawfulness to capital of illicit origin.

The purpose of money laundering is to make legal use of money resulting from an illegal activity.

In this sense, it presupposes an antecedent crime, such as fraud, corruption, terrorism, drug and/or people trafficking, tax evasion, fraud, money fraud, piracy, etc.

Thus, since no office or company is immune to the risk of being misused by criminal organizations in money laundering situations, thereby compromising their image and reputation, SFCS has resolved to implement its policy against such situations.

Some regulations, such as Letters 2826/98 and 3461/09 of the Central Bank of Brazil (BACEN), provide for a list of transactions and situations that may establish indications of the occurrence of money laundering crimes, and establish procedures for its communication to the BACEN, as well as the procedures to be adopted to prevent and combat activities related to money laundering.

In line with these provisions, SFCS and its employees are committed to mitigating the risk of money laundering and terrorist financing in our activities.
To this end, we have established prevention guidelines at the various levels of the office, including how to detect, analyze and report potentially suspicious situations and atypical operations.

These guidelines are based on three pillars, which involve knowing counterparties, warning signs and activities exposed to the risk of money laundering and terrorist financing.

In order to mitigate the risk of money laundering as mentioned above, SFCS seeks to know its clients well, identifying its profiles and information about its activity, branch of activity and financial situation, in order to identify a suspicious and atypical situation.

Likewise, SFCS takes due care in hiring its employees (Know Yor Employee) and suppliers of goods and services (Know Your Partner).

3. ANTI-CORRUPTION

SFCS and its employees, likewise, do not accept bribery, illicit commissions or any other improper payment, even if, the refusal to carry out such practices represents the loss of a business opportunity, as well as commit themselves to observe the laws and standards, especially Law No. 12.846, dated August 1, 2013, which provides for the administrative and civil liability of legal entities for the performance of acts against the national or foreign public administration, duly regulated by Decree No. 8,420, dated December 18, March 2015.

To that end, all members of SFCS are also committed to respecting, in the course of their activities, international anti-corruption laws such as: a) Foreign Corrupt Practices Act 1977 (FCPA), United States federal law to combat corruption; and (b) UK Bribery Act 2010, the United Kingdom’s anti-bribery law, which allows UK courts to prosecute crimes involving fraud and corruption committed by companies established in or operating in the United Kingdom.

Other anti-corruption laws may apply to our activities, depending on the country in which we operate.

Under Brazilian law, crimes of embezzlement, concussion, passive and active corruption are provided for in articles 312, 316, 317 and 333 of the Brazilian Criminal Code, along with other crimes against the Public Administration.

SFCS and its Employees do not offer money or any other benefit directly or through any third party to any governmental authority and public agent to influence decisions, obtain or hold business or provide an undue advantage.

4. MONITORING

SFCS provides training to all its members for a periodic evaluation of the Money Laundering and Corruption Prevention Policy to verify its effectiveness and compliance with the laws and to identify opportunities for improvement and encourage the adoption of appropriate measures for cases of suspected money laundering or corruption.