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1Third Party Distributors:
Managing Compliance Risk
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ABRAIDI
200 associates: Importers and Distributors (from J&J,
Medtronic etc. and local companies)
60% of the MK US$ 6 bi Establishment of relations: industry,
HMO, health
people, hospitals Social responsibility Code of conduct: ethics,
compliance, laws, RA,
standards. 10 years of ethical drive administration:
http://www.abraidi.com.br/codigo_conduta_fase_ii.php
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5Scenery evolution in Brazil, since 2013 Warsaw Congress
(IMTC)
Code of Ethics ABRAIDI
1. Recitals
CHAPTER I: Commitment to Good Citizenship
CHAPTER II: Responsibilities
CHAPTER III: Recommendations Business Practices
CHAPTER IV: Relationship Rules
Section 1: Suppliers
Section 2: Costumers
Section 3: Health Professionals
Article 7: The associated company undertakes to take full
all
provisions set out in "Code of Ethics for Interactions with
Healthcare Professionals published by AdvaMed, version July2009
and becomes an integral part of this ABRAIDI the Code of
Ethics.
Section 4: Competitors
Section 5: Community
Section 6: Entities / Governmental Authorities and Regulatory
Agents
CHAPTER V: Penalties
CHAPTER VI: General Provisions
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6Scenery evolution in Brazil, since 2013 Warsaw Congress
(IMTC)
Law no.12.846 HighlightsPublished on the Official Gazette:
August 2, 2013
Effective: January 29, 2014
Applies to civil and administrative liability of legal entities
for acts
committed against the domestic or foreign Public
Administration.
All business organizations or kind of contract, in the Brazilian
territory.
The legal entity's liability does not exclude the individual
responsibility
The responsibility of the legal entity remains in the event of
corporate
changes, acquisition, merger
What? Promise, offer or give, directly or indirectly, an
undue
advantage to a public official, or third person related to him
etc.
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7Law no.12.846 Highlights (following)
To make use of another legal entity interposed to dissimulate
its real
interests or the identity of the beneficiaries
All different kind of skills to fraud contracts, or public
tender
procedure
To hinder the investigation of public agencies or officials
or
interfere with their work including within the scope of
regulatory
agencies and supervisory bodies of the national financial
system
Penalties: from 0,1% (zero point one percent) to 20% (twenty
percent) of the gross earnings excluding taxes or company
closure
The application of the sanctions does not exclude the
obligation
of full restitution for the damage caused.
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9Scenery evolution since 2013 Warsaw Congress (IMTC)
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Scenery evolution since 2013 Warsaw Congress (IMTC)
Partnership ABRAIDI & ETHOS:
1. Pact: only ABRAIDI, as institution;
2. Sectorial agreement, among the associates from ABRAIDI.
What is ETHOS?
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Scenery evolution since 2013 Warsaw Congress (IMTC)
Sectorial agreement among the 200 ABRAIDI affiliates
(target):
Meeting conduced by ETHOS experts, to discuss issues relating
to:
1. identify vulnerabilities of the sector in relation to
corruption:
HCP relationship
Hospitals relationship
HMO relationship
Public environment
2. discuss common procedures and policies to address market
demand;
3. and later voluntary commitments to address these gaps for
bribes,
create more public policies and reduce its risks
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Pact Announcement
Sectorial Agreement Project, from June 11th, do December,
2014
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Green flags for Distributors
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DISTRIBUTORSCODE OF ETHICS
ETHICAL PROCEDURES
COMPLIANCE TRAINING
SECTORIAL AGREEMENT
DUE DILIGENCE
BALANCED CONTRACTS
REAL ENVIRONMENT
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Muchas gracias! Thank you!
SERGIO ALCANTARA MADEIRAEXECUTIVE DIRECTOR
[email protected]+5511 9945-6787
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