This crime prevention policy responds to the desire of the Transintercano, S.L. Management Body to align itself with the best practices in corporate governance regarding the development of a criminal compliance management system, Taking into account the criteria expressed by the Courts and the Attorney General’s Office, as well as in accordance with the provisions of our Penal Code and the standards set out in UNE 19601 on Systems
Criminal Compliance Management.
This policy confirms the Company’s commitment to promote conduct that respects both the standards and ethical values of the company, thus defining its framework of compliance principles in criminal matters. For this reason, the correct implementation of the same requires the maximum commitment of the management bodies, the Management and all members of the Company to comply with all the provisions that the Company establishes in terms of regulatory compliance.
- Subjects of the Policy.
This policy applies to both Transintercano, S.L. and the companies linked to it that are Juan Cano Grupo Empresarial, S.L.U. and Frialtrans, S.L.
The members of such legal persons shall comply with its content, irrespective of their position and territory. This policy also extends to business partners, thus complying with the diligence that must be followed in their selection of third parties to ensure compliance with the criminal law, which establishes the obligation to monitor the conduct carried out by those who, subject to the authority of the legal representatives and directors, in law or in fact, of the legal person, may have committed criminal acts for serious failure to fulfil their duties of supervision, supervision and control, The specific circumstances of the case, regardless of whether they are members of Transintercano, S.L, Juan Cano Grupo Empresarial, S.L.U, Fialtrans, S.L. (hereinafter J. Cano) or Business Partners. - Activities affected.
This policy applies to all activities and businesses carried out by all related legal entities.
In addition to this policy, companies have a Crime Prevention Manual that contains the catalogue of specific risks for each company, associated with possible risk scenarios in which crimes may materialize. - General principles of the crime prevention policy. The basic principles governing this policy are: INTEGRITY, RESPONSIBILITY AND LEGALITY in the behaviour of members of such companies. The Governing Body of J. Cano expressly prohibits and does not permit under any circumstances the performance of criminal acts or operations, illegal and/or contrary to the law or internal regulations of the company, nor its participation in them, nor that it is intended to obtain a personal benefit or to favor any interest which they presume of J. Cano. In order to promote integrity and responsibility, our Code of Conduct imposes the obligation to inform, raise awareness and train on the rigorous compliance with the Company’s internal regulations and standards through the ethical channel.
- Expected offences and patterns of behaviour. The Catalogue of Criminal Risks summarizes the types of criminal offences for which the legal person may be criminally liable. It is the duty of each person to be properly informed about the laws and their enforcement. It should be noted that the profit obtained from an illicit activity can be both direct and indirect, and extreme precautions must be taken on any conduct that, being illegal, may end up benefiting the Company in this broad sense. Likewise, the legal person will be liable not only for the actions or omissions in Spain but also for what happened in any other country, This means that we must be alert to potentially criminal behaviour according to Spanish legislation which apply abroad.
- Organizational measures.
5.1. The Compliance Body.
J. Cano has appointed a one-person Compliance/Compliance Officer who is assigned criminal prevention functions and will be responsible for making this Policy effective through the implementation of the different measures provided for in the System Criminal Compliance Management.
In addition, the Compliance Officer is supported by external consultants who are experts in Compliance. This body has been appointed by the respective management bodies of each of the companies that form part of J. Cano, giving it autonomous powers of initiative and control as well as the maximum possible independence to carry out its tasks. Accordingly, the Compliance Officer enjoys full support from the Administrative Body, to which he has direct access and is entrusted with the responsibility of supervising the operation and enforcement of the Criminal Compliance Management System. In this sense, it is entitled to access both the documents of the Company and the members of the latter that it needs for the development of its function.
The Compliance Officer performs his duties autonomously, without specific mandates for this, and always ensuring neutrality and objectivity in their decisions.
Its functions in the field of crime prevention include:
- Promote and monitor the implementation of the Criminal Compliance Management System, ensuring that all affected subjects have access to preventive rules.
- Identify the obligations of Criminal Compliance.
- Identify and manage criminal risks.
- To promote awareness and training cycles.
- Advise and report to the administrative bodies on the role of
compliance with regulations. - Manage the ethical channel.
- Measure the performance of the Criminal Compliance Management System, promoting its review and continuous improvement.
Since compliance with the law and the proper functioning of our Criminal Compliance Management System is the responsibility of all members of the organization, they are obliged to:
- Ensure compliance with the provisions of this Policy, observing at all times ethical conduct and contrary to the commission of crimes.
- Immediately attend to the instructions they may receive from Compliance
Officer in the performance of his duties as described above. - Understand, observe and apply the provisions of this policy, collaborating in
all the time with the Compliance Officer. - Immediately communicate any action to avoid the eventual
committing a criminal offence or conduct contrary to the regulations, of which they have
knowledge. - Attend training and/or information sessions that are determined in the area of Criminal Compliance.
- Provide information and documentation immediately
required by the Compliance Officer.
- Knowledge of the Policy.
This policy is available to all members of J. Cano. It will also be requested a declaration of knowledge and agreement with it. - Ethical channel.
All members of J. Cano are obliged to report on individual behaviour, any collective or activity that may be in the context of their activities within the Company and which may constitute a breach of the content of this Policy or of other documents that make up our Criminal Compliance Management System, Whether or not such behaviour has been ordered or requested by a superior.
To achieve this objective, J. Cano has implemented various mechanisms for reporting regulatory violations, consultations, comments and/or complaints, which may be submitted through the following means:
Web form: https://jcano.es/canal-etico/
Email: denuncias@jcano.es
Request for a face-to-face meeting with the Responsible.
All communications shall be handled in accordance with the ethical channel management procedure, ensuring at all times the confidentiality of communications and the absence of any retaliation against good faith complainants. - Consequences of non-compliance.
In accordance with our Code of Conduct and our Crime Prevention Manual, all subjects affected by this Policy are obliged to comply with the principles and procedures set out in these documents, as soon as applicable. Likewise, in order to ensure the proper development of the Criminal Compliance Management System, they are urged to report any contravention thereof, in the terms set forth in
paragraph 7 of this Policy.
In case of a breach of J. Cano’s internal regulations, or any applicable legislation, will be acted immediately, reporting the findings to the Management, for the purpose of taking appropriate measures in each case.
When the Compliance Officer investigates and confirms a breach of the above, he will prepare a report-proposal for resolution that may include disciplinary or contractual measures proportionate to the risk or damage caused.
Measures taken in the field of labour shall be in accordance with the implementing regulations.
In the event that the breach is committed by business partners, the commercial relationship shall be terminated within the framework provided for in the legislation
current. - Evaluation, monitoring and supervision. The Compliance Officer shall assess, at least once a year, the compliance and effectiveness of the Policy, reporting to the Administrative Bodies. The Compliance Officer shall be responsible for continuously monitoring and supervising the provisions of this policy.
- Approval, modification, updating. The approval of this Policy, as well as its future amendments are the responsibility of the management bodies of the companies that form part of J. Cano. This Policy shall be kept up to date and reviewed annually. It shall also be subject to extraordinary review, whenever there are changes in the strategic objectives or applicable legislation.