Regulatory Analysis of Government Compliance in Mexico

Abstract

This research work aims to identify the origin, concept and scope of government compliance. It also seeks to locate the history of regulation of corporate and governmental conduct. Finally, an analysis of the various government compliance instruments introduced in the Mexican legal system is carried out. Based on the above, the conclusions obtained will be presented. This research work obtains its justification in the duty of vigilance in charge of every administrator as he is obliged to introduce measures aimed at preventing the risks to which his activity is exposed in order to avoid, control and, where appropriate, compensate for the damages perpetrated against human rights, fundamental freedoms, so it is not simply a matter of obtaining a compliant opinion but of actually preventing the generation of a risk and therefore avoiding damage and inspiring confidence by fostering a good organizational reputation. In its daily work, the Public Administration is exposed to a variety of risks, which means introducing a set of processes within the scope of its own structure to guarantee respect for behavioral rules. Government compliance encompasses the adoption of a series of provisions that impose respect for objectives of general interest that range from the fight against corruption, child labor, terrorism, environmental protection, etc. Government compliance, as a means of controlling the actions of public entities, imposes structural commitments on public administrators such as the establishment of a cartography of systemic risks, the implementation of a behavioral code, which is why they are mechanisms of obtaining results and satisfying the objectives set or that are inherent to their public function. It is then about assuming and respecting values aimed at preserving the state's heritage, its organizational reputation and thereby providing credibility to public institutions, whether in the face of those individuals, their associates or the national states with whom they have entered into or intend to formalize alliances.