The CAP Group seeks to conduct itself with integrity and transparency to all those that are part of its stakeholder groups, thus ensuring legitimacy, growth and sustainability over time.
State of the complaints
(2012 a 2016)
The Code is complemented with the Complaint System, which establishes the procedures and channels for filing irregularities or illicit acts that might violate the provisions of the Code, of Law N° 20,393 regarding Criminal Liability of Juridical Persons, and/or any issued related to regulatory compliance, internal control and financial statements. The system is accessible to all CAP Group workers, contractors, communities, clients, suppliers and shareholders via the website.
The Ethics Committee is responsible for reviewing and resolving the complaints filed through the various company channels. It is made up of three members appointed by the Board of Directors, and its main functions are: to disseminate and promote the values and conducts established in the Code of Ethics; to resolve inquiries generated regarding its interpretation and application; to hear, order to investigate and resolve the complaints filed regarding actions inconsistent or at odds with its provisions; and to submit Code content update proposals to the Board.
In 2016, 15 complaints were filed. Since the system was implemented back in 2012, there have been 109 complaints: 94% have been resolved (closed); 5% are being processed; and 1% is still pending. Sixty-eight percent (68%) of all complaints were filed by external agents and 31.2% by internal personnel.
The Code of Ethics establishes a framework of action for the people and companies of the CAP Group before ethical choices or deviations from the superior values established by the Organization. It also considers the actions of Politically Exposed Persons (PEP, in its Spanish acronym), keeping a watchful eye on preventing illicit acts, especially those subsumed under Law N° 20,393 regarding the “Criminal Liability of Juridical Persons”.
In effect, in order to comply with Law N° 20,393 that establishes the "criminal liability of legal persons in asset laundering offences, financing of terrorism, crimes of bribery and reception of stolen goods", CAP established a Crime Prevention Model (MPD), that came into force on November 1, 2015. All the companies of the Group were trained during 2016 on these issues. In December 2016, the MDP obtained certification for the Group’s four companies (CAP S.A, CAP Mineria, CAP Acero and Cintac); thus placing CAP at the forefront on these issues, along with a select number of Chilean companies.
Each one of the provisions and/or prohibitions included in the Model are applicable to their board members, all their personnel, the processes and activities under their direct supervision, and they also governs the relationships of CAP and its subsidiary companies with their clients, suppliers, service providers, contractors and subcontractors.
Additionally, since 2015, the company has participated in the “+Probity” Program of the Accion Empresas foundation, which is a collaborative instance that seeks to contribute toward the strengthening of policies and practices regarding business probity in areas such as anticorruption management, conflict of interest management, free competition management and the management of consequences.
In 2016, the CAP Group executed a service contract with Generación Empresarial foundation in order to further the company’s and its personnel’s ethical and value commitments. Through this foundation, the company applied the Business Values & Ethics Barometer survey to its workers so as to know their perception and commitment with these issues. Additionally, Ethical Dilemma Workshops were carried out with the active participation of company personnel.
The 2016 version of this corporate training program focused mainly on ethics and compliance. Workshops were carried out for the workers, aimed at raising their awareness about the impact of decisions on stakeholders and on society at large. This instance generated a forum to reflect on specific situations in which institutional values and good practices are essential.
CLIENTS AND SUPPLIERS
COMMUNITIES AND THE ENVIRONMENT
It is worth consigning the fact that Chile ratified the International Labor Organization’s (ILO) Convention 169, concerning the rights of indigenous and tribal peoples.
Only CAP Mineria has operations near settlements of indigenous peoples, particularly, the Colla Serranía Poblete community located in a sector adjacent to the easement used by the Cerro Negro Norte concentrate pipeline.
Ever since the year 2012, the company has worked together with that community, following the execution of a Collaboration Agreement between the Hon. Municipality of Copiapo, the community and the company.