22 December 21 | Lisboa

The Decree-Law nº109-E/2021, published on December 9th, 2021, establishes the National Anticorruption Mechanism (MENAC) and approves the General Scheme for the Prevention of Corruption (RGPC).

MENAC is an independent administrative entity with initiative, control and penalty powers that aims to promote transparency and integrity in public activity. Its responsibilities entail the compilation and disclosure of information regarding corruption and the development of anti-corruption activities, among others. MENAC also ensures the effective implementation and execution of the RGPC and handles the processes concerning administrative offences and respective fines foreseen in the general scheme.

The RGPC applies to legal persons based in Portugal, branches and the State’s administrative services employing 50 or more people. These entities must implement a compliance program which covers a plan to prevent and detect acts of corruption and related offences (PPR), a code of conduct, a training programme, and a channel for reporting corruption practices.

The PPR comprehends all the activity of the covered entities and must identify and analyse the risks and circumstances from which can result acts of corruption. It must also entail preventive and corrective measures that aim to reduce the likelihood of these acts’ occurrence. The Code of Conduct establishes the principles and values of the managers and workers in the scope of professional ethics and must identify the disciplinary and criminal sanctions applied in case of non-compliance or acts of corruption.

The PPR and Code of Conduct must be reviewed every 3 years, and its publicity is ensured by the covered entities through intranet and their official internet page. In addition, an evaluation mechanism of the compliance program should be implemented to verify its effectiveness and adopt improvements.

This decree-law enters into force 180 days after its publication, on June 9th, 2022.

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