MAPA ÍNTEGRO Program (English Version)
The Anticorruption Law (Law 12.846, of 2013) of the Brazilian Federative Republic emerged as a consequence of the various international anti-corruption agreements signed by Brazil (UN, OAS and OECD) seeking to emphasize the importance of integrity policies as an instrument to mitigate fraud and corruption.
Along these lines, the Federal Government itself has highlighted, within the scope of the presidential messages sent to the National Congress, annually, in the Public Management Hub, the importance of assessing the maturity degree of integrity policies related to the prevention and mitigation of risks associated with fraud and corruption.
From the point of view of Foreign Trade, which has a strong impact on Brazilian Agribusiness, there is no way to fail to highlight to Foreign Trade Chamber (CAMEX) resolutions, more specifically CAMEX RESOLUTION nº 88, of 2017, which stands out among the obligations of companies that need official support Brazilian Bank for international trade must sign the Declaration of Commitment of the Exporter whose item 9 foresees: to implement or perfect the INTEGRITY PROGRAM.
It’s important to highlight the entire path taken within the scope of the Federal Government to implement and strengthen the Integrity Policy, since the publication of Ordinance CGU nº 784, of 2016 - focusing on the spontaneous movement of the Offices of the Federal Public Administration in the implementation of integrity programs; until more recently, Ordinance CGU nº 1089, April 24th, of 2018 (updated by Ordinance CGU nº 57, of 2019), which determined the implementation of integrity actions within the scope of the Federal Public Administration, establishing the lines of action integrity programs in ministries.
This experience reached its top with the publication of Decree nº 9,203, November 24th, of 2017, which made the integrity agenda within the scope of the Federal public administration mandatory.
The Ministry of Agriculture and Livestock (MAPA), having participated in a pilot project of integrity actions under the Federal Comptroller General (CGU), named Integrity Promotion Program, started its integrity actions before the publication of Ordinance CGU nº 1,089, of 2018, fully receiving the requirements contained in Decree nº 9,203, of 2017, including with regard to the publication of its Integrity Plan, which took place in November 2017, through MAPA Ordinance nº 2310.
In summary, following the axes defined by CGU, MAPA's integrity actions were divided into 3 phases, namely:
First phase (institution of the integrity program within the scope of each Agency, with designation of the Unit Responsible for actions) - In the case of the Ministry of Agriculture and Livestock (MAPA), the Integrity Program was instituted on April 7, of 2017, through Ordinance nº 705, going through all the initial phases foreseen in the Program for the Promotion of Public Integrity (PROFIP) of CGU, as provided for in Ordinance CGU nº 784, of 2016, reconfigured by the Ordinance nº 1,827, of 2017.
In the second phase, the bodies and entities must approve their Integrity Plans. The updated version of the MAPA 2019/22 Integrity Plan, approved after the publication of the MAPA Ordinance nº 1,830, May 10th of 2019, can be found on the MAPA official page - with short, medium and long term actions.
From the publication of Ordinance MAPA nº 60, April 10th of 2019, the Integrity Program of the Ministry of Agriculture and Livestock was adapted to the new axes defined by Decree nº 9.203, of 2017, named “MAPA ÍNTEGRO”, in order to improve the mechanisms for preventing, detecting and remedying fraud, irregularities and misconduct; and instituted the Integrity Management Center of the Ministry of Agriculture and Livestock MAPA (NGI-MAPA), strategic and supervisory body for the integrity actions provided by article 4th of the Ordinance CGU nº 57, of 2019.
Finally, in the third phase, the bodies and entities must execute and monitor their Integrity Program, based on the measures defined by their Integrity Plan. Following the 7 steps foreseen for the implementation of an integrity policy, which are seen as fundamental milestones in the construction of these pillars, within the scope of MAPA we have the following situation, namely:
I - Within the scope of the OMBUDSMAN:
• Creation of the Group for the Treatment of Sensitive Complaints (GTD) (MAPA Ordinance nº 1,879, September 1st of 2017);
• Single channel for receiving complaints – (MAPA Ordinance nº 1.370, August 20th of 2018); and
• Specific complaints channel for complaints of corruption in inspected companies (MAPA Ordinance nº 1.370, August 20th of 2018).
II - Within the scope of TRANSPARENCY and SOCIAL COMMUNICATION actions:
• Guide Book "It's not a gift - it's corruption";
• Standardization and implementation of the Flow of Responses to Citizens' Demands (MAPA Ordinance nº 1,434, July 3rd of 2017); and
• Training actions with the Agricultural Auditors and their counterparts in the inspected Companies, in the main States of the Federation, with the direct participation of the National School of Agricultural Management (ENAGRO-MAPA).
III - Within the scope of the ETHICS COMMITTEE:
• MAPA Public Agent Code of Conduct (MAPA Ordinance nº 249, February 22nd of 2018);
• New composition and Internal Regulations of the MAPA Ethics Committee (MAPA Ordinance nº 1,671, July 25th of 2017);
• Standardization and implementation of the Consultation Flow and Request for Authorization for Conflict of Interest cases (MAPA Ordinance nº 1.543, July 14th of 2017);
• Approval of the Prevention and Reaction Flowcharts to the practice of nepotism (MAPA Ordinance nº 79, April 30th of 2019).
IV - Within the INTERNAL DISCIPLINARY OFFICE
• Regulation about the Conduct Adjustment Term for Disciplinary Procedures cases with less offensive potential (MAPA Ordinance nº 80, April 27 of 2019).
V - Within the scope of INTERNAL CONTROL
With 3 ordinances MAPA achieved a significant reduction of 60% in the pending responses between the years 2017 to 2020 (positions removed from the e-Aud CGU System in August 2020):
• MAPA Ordinance nº 924, June 21st of 2018 - Follow-up of responses to the Due Diligence of the Internal Control (CGU) and External Control (TCU) Bodies.
• MAPA Ordinance nº 1983, August 9th of 2017 - Creation of the Supervision Committee of the Governmental Internal Audit Units of Entities linked to MAPA.
VI - With regard to RISK MANAGEMENT TO INTEGRITY
The Integrity Plan contains short, medium and long term actions that must be carried out in line with the risk management policy of the Ministry as a whole, whose approval was originally carried out through Ordinance MAPA nº 2,042, February 2nd of 2017, currently updated through Ordinance MAPA nº 70, of 2020.
VII - Outside the INTEGRITY PROGRAM (specific line of the MAPA, as proposed in the sole paragraph of Article 7 of Ordinance CGU nº 1,089, April 25th of 2018, repeated in the same article of Ordinance CGU nº 57, April 14th of 2019), in addition to the creation of an INTEGRITY SEAL, a SEAL MANAGEMENT COMMITTEE (with broad participation of non-governmental entities, with experience in the anti-corruption agenda - such as the Ethos Institute and Alliance for Integrity) as well as the creation of the INTEGRITY REGISTRATION.
• Creation of the SECTORAL INTEGRITY SEAL to promote and reward agribusiness companies and cooperatives that have adopted anti-corruption, social responsibility and environmental sustainability measures (MAPA Ordinance nº 2,462, December 12th of 2017 / retrofitted through MAPA Ordinance nº 212, January 18th of 2019).
• Creation of the Management Committee for the More Integrity Seal (MAPA Ordinance nº 599, April 16th of 2018).
• Creation of the AGROÍNTEGRO Register to agribusiness companies and cooperatives that are in the implementation phase of the compliance program (integrity) (MAPA Ordinance nº 61, February 20th of 2020).
MORE INTEGRITY SEAL
(https://www.gov.br/agricultura/pt-br/assuntos/integridade/informacoes-sobre-o-selo-agro-integridade)
THE MAPA'S INTEGRITY SEAL (MORE INTEGRITY) was established on December 12nd of 2018, by MAPA Ordinance nº 2,462, to promote, recognize and reward integrity practices by agribusiness companies from the perspective of social responsibility, sustainability, ethics and the commitment to mitigate fraud, bribery and corruption (integrity) practices.
In January of 2019, in its second year, the Seal gains a new perspective of action, enabling the participation of cooperatives and inserting the requirements for the renewal of the winners in 2018, following the publication of MAPA Ordinance nº 212, January 18th of 2019.
This line of action, aimed at supporting and promoting the implementation of integrity policies by agricultural establishments, was already foreseen when the Program was implemented in April 2017, according to article 3 of MAPA Ordinance nº 705, July 4th of 2017, that placed MAPA as a pioneer among the Ministries of the Federal Government in the implementation of the sectoral seal.
To receive the award, the Agriculture and Livestock Company/Cooperative must demonstrate the implementation of compliance policies in 3 major groups, namely:
I - under the Anti-Corruption Approach:
a) The Commitment of Top Management, based on a specific document that proves the implementation of the Integrity Program (or compliance) in the Company or Cooperative, either through decision-making or by demonstrating the creation of an area responsible for integrity activities (or compliance).
b) Code of Ethics or Conduct approved, with proof of wide dissemination to the internal public (by specific direct mailing to employees and officers) and external (on the official website of the Company and Cooperative on the world wide web).
c) Effective Reporting Channel, implemented more than 12 (twelve) months from the end date of the registration term, proving:
1. easy access on the world wide web (on the official website of the Company and Cooperative) - separately from the customer service channel (commonly known as SAC);
2. demonstration of the volume of monthly performance data for the years 2019/2020 - in cases of renewal of the last 3 years - containing, at least, the number of complaints registered, analyzed, investigated and dealt with; also accompanied by a brief description of the procedure for determining the facts, based on the classification of complaints into large groups; and
3. summary on the handling of anonymous complaints.
d) Proof of training on topics related to the integrity (or compliance) program approved or related to the Code of Ethics and Conduct in the 2019/2020 financial years, with the statement of the person in charge of the training area or of the contracted company, highlighting the amount of trained employees and managers, detailing:
1. scope of the theme of integrity and ethics in the light of the Company's Annual Training Plan;
2. percentage of coverage of the executed compared to the forecast;
3. percentage of coverage of the topic of integrity and ethics in perspective with the others theme of the Company/Cooperative, highlighting for each one the percentage of coverage of employees and officers;
4. percentage of coverage of the topic of integrity and ethics in relation to the body of employees and managers, in the entire company and cooperative; and
5. geographic distribution of training on integrity and ethics by State of the Federation.
e) Summary of the main actions carried out in the 2019/2020 financial year on Transparency and Risk Management implemented.
f) Proof of being a signatory to the Ethos Institute's Business Pact for Integrity and Against Corruption until the closing date for registration (regardless of whether or not it is associated with the Institute).
g) Negative Certificate from the Federal Court where the Company or Cooperative is headquartered, extended to the states of the Federation in which they have branches.
In the case of a Positive Certificate from the Federal Justice, only lawsuits classified as CRIMES AGAINST PUBLIC HEALTH, CRIMES AGAINST THE TAX ORDER and CRIMES AGAINST THE ENVIRONMENT will be considered for the purpose of disapproval of the Company or Cooperative:
- with a condemnatory decision, even if not final; or
- unappealable for less than 24 (twenty-four) months.
h) Declaration produced and signed by the representative of the company or cooperative that the Headquarters and its subsidiaries are not included in the List of Establishments that incurred adulteration or falsification managed by the Secretariat of Agricultural Defense (SDA/MAPA).
II - under the Labor Approach:
a) Declaration produced and signed by the representative (s) registered by the company itself (including partners and administrators, in the case of companies) or cooperative (including its managers), presenting the list of all Companies, Cooperative and Directors involved, which are not included in the Slave List of Slave Labor or Slave Analog, provided for in the current legislation, on the registration date.
b) Nothing appears on the official page of the Federal Government's Labor Inspection Area on Labor Infractions related to the exploitation of child labor or the apprentice (as provided for in articles 401, 403,404, 405, 407, 409, 411, 412, 413 , 415, 420, 422, 423, 425, 426, 427, 428, 432 and 439 of the CLT), in the last 24 (twenty four) months.
III - under the Sustainability Approach:
a) Negative Certificate of Environmental Debits taken from the official page of the Brazilian Institute of the Environment and Renewable Natural Resources - IBAMA (https://servicos.ibama.gov.br/sicafiext/), by the Company or Cooperative (including its branches) , for the last 24 (twenty four) months.
b) Declaration produced and signed by the representative of the interested party, that there are no pending issues related to fines arising from infractions in the Agricultural Inspection Area, after consulting the MAPA official page: http://extranet.agricultura.gov.br/sipe_cons/!ap_consulta_boleto_sicar_cons, and the pending case (s) related to the fine (s) appealed (s) and pending a technical manifestation by MAPA can be saved, as long as duly justified.
Presentation of a report, called the Sustainable Management Program (focus on the environment), divided into 4 (four) chapters, containing the following specifications:
I - express guidance, based on a formal manifestation from the top management, in the search for compliance with the agricultural defense legislation, especially with regard to practices aimed at ensuring the protection of the health and welfare of animals, the health of plants, the identity, quality and sanitary hygienic safety of food and other agricultural products, and the suitability of the inputs and services used in agriculture.
II - demonstration of specific internal instructions for compliance with the following items of the Regulatory Norms for Rural Labor related to Safety and Health at Work in Agriculture, Livestock, Forestry and Forestry and Aquaculture (NR 31), detailing especially the following items of the referred Standard:
31.5 Safety, Health and Environment Management for Rural Work
31.7 Internal Commission for the Prevention of Rural Work Accidents - CIPATR
31.8 Pesticides, Adjuvants and Related Products
31.12 Safety at Work on Agricultural Machines and Implements
31.20 Personal Protection Measures
31.23 Living Areas.
III - as from the definition that the main activity of the respective Company and Cooperative is focused on products of animal or vegetable origin, present, in summary, a description of the modus operandi of the control of the levels of residues and contaminants, according to the current legislation ; and
IV - from the definition of the main activity of the respective Company and Cooperative, describe the actions taken to align and potentially contribute to the Sustainability Program to at least 2 (two) of the 17 Sustainable Development Goals - SDGs of the 2030 Agenda (UN).
Seal Management Committee
For the analysis of the technical evaluations carried out by the MAPA Integrity Area on the documentation submitted by companies and cooperatives interested in obtaining the MAPA Integrity Seal. The Seal Management Committee was established by SE MAPA Ordinance nº 599, April 16th of 2018, composed of a list of public and private institutions responsible for the approval of the result.
The structure created from the publication of the said ordinance, which aims to guarantee a collegial view of the entire award process, is as follows:
I - Technical Unit (Executive Secretariat of the Steering Committee - SECG) responsible for the operational action of the INTEGRITY SEAL - with the objective of following up on registrations, resolving doubts, evaluating the documentation presented and ensuring all logistical and technical support for the proper functioning of the Steering Committee; and
II - Management Committee - with the majority participation of private institutions, nationwide, linked to Agribusiness and public bodies, and the main function of ratifying the analysis work undertaken by the Executive Secretariat of the Management Committee - SECG.
The SEAL MORE INTEGRITY Management Committee will be composed of 1 (one) full member and 1 (one) alternate member of the following institutions:
a) In the private sphere:
• Alliance for Integrity;
• Brazil Stock Exchange - B3;
• Confederation of Agriculture and Livestock of Brazil - CNA;
• National Confederation of Industry - CNI;
• Ethos Institute of Business and Social Responsibility - ETHOS; and
• Organization of Brazilian Cooperatives - OCB (inserted through SE MAPA Ordinance nº 946, February 13th of 2019).
b) In the public sphere:
• Ministry of Agriculture and Livestock - MAPA;
• Brazilian Agricultural Research Corporation - EMBRAPA; and
• Federal Comptroller General - CGU.
Agribusiness Register
(https://www.gov.br/agricultura/pt-br/assuntos/integridade/cadastro-agrointegro)
It is intended to recognize effective initial actions by companies and cooperatives that demonstrate the implementation of practices of integrity, ethics and transparency.
Established by MAPA Ordinance nº 61, February 20th of 2020 and regulated by SE MAPA Ordinance nº 1.429, June 22nd of 2020, the “AGROÍNTEGRO” Register is intended to recognize effective initial actions by agricultural companies and cooperatives that demonstrate the implementation of integrity, ethics and transparency practices, even at an early stage.
The “AGROÍNTEGRO” Register is a database, published in active transparency, on the official MAPA page, which will be valid after signing the “Term of Commitment to Ethics and Integrity”, that is, a public statement of the disposition to act and contribute to a more healthy, ethical and transparent competitive environment in the private sector and in its relations with the public sector, as well as the demonstration of effective short and medium term actions that demonstrate such ends.
The General Coordination of Integrity of the Special Internal Control Advisory Office (CGINT/AECI) of the MAPA must promote due diligence with the external and internal control sectors to check if there are administrative or judicial processes, positive certificates, denunciations or any serious disappointing news that may cause doubts or questions about the effectiveness of good practices in managing integrity, ethics, social responsibility and environmental sustainability, including those of its administrators, officers and directors.
If such information is found, the company or cooperative will be notified to provide clarification on the alleged irregularities and the measures adopted.
The Agribusiness Companies or Cooperative must demonstrate the adoption of corrective measures capable of minimizing any damages caused by employees and managers who practice acts that are proven to be unethical and illegal and report to the competent authorities the practice of acts of corruption of which they are aware. If the company's involvement in complaints about crimes of corruption or against human rights or the environment is proven, the company may be removed from the register.
MAPA has concluded that the time has come to reach and encourage all levels of maturity among companies and cooperatives in the sector, even if they are still in an embryonic situation concerning the implementation of the integrity program.