On November 18 of 2022, the local government of Bogotá issued the “Circular” 058 addressed to all Non-Profit Entities that are under the inspection, surveillance, and control of the government of Bogotá, as well as the district entities with competence for inspection, surveillance, and control of said Non-Profit Entities.
In this Circular and following the different guidelines of the Law 2195 of 2022, the Non-Profit Entities are part of the entities obliged to have a Business Transparency and Ethics Program (PTEE), which must include internal regulations and mechanisms to identify, detect, prevent, manage, and mitigate the risks of Corruption or Transnational Bribery to which they may be exposed.
All Non-Profit Entities domiciled in Bogotá D.C. and are under the inspection, surveillance, and control of the Government of Bogotá are obliged to prepare, present, and implement a Business Transparency and Ethics Program, even those that are in the process of dissolution and/or liquidation. In this circular it was established that there are two (2) types of programs: the PTEE-I (Comprehensive Business Transparency and Ethics Program) and the PTEE-S (Simplified Business Transparency and Ethics Program).
The PTEE-I (Comprehensive) will be mandatory to the Non-Profit Entities that until December 31st of 2022, had assets equal to or greater than one thousand (1,000) current legal monthly minimum wages or have already implemented a risk management system. Regarding the PTEE-S (Simplified), will be mandatory to the Non-Profit Entities that until December 31st of, 2022 had assets of less than one thousand (1,000) current legal monthly minimum wages or that do not have a risk management system implemented.
The PTEE-I and PTEE-S must have at least the following:
