ESG Litigation Guide

Paraguay

With thanks to Aguilar Castillo Love for the below content.

Governance

Law

In force.

Individuals who engage in criminal conduct covered by those sections of the Penal Code.

This legislation amends several provisions of Law No. 1160, and introduces for the first time the act of accepting private bribery, defining it as acceptance by a manager or representative of a company, association, entity or organization, of any kind, of a benefit, for himself or for a third party in exchange for accepting the offer of products, goods or services of another, under disadvantageous conditions for other competitors in the market.

Environmental

Law

In force

Private or public companies, national or foreign, as a guide of the strategic lines and plans of Paraguay in the energy sector

The energy policy of Paraguay defines the 5 general objectives and 18 more specific objectives, as well as the action plans, strategic lines, instruments, and goals aimed at strengthening national energy security. This strategic vision seeks to guarantee energy to all citizens; the second vision is energy security using primary resources; the third is to turn Paraguay into a centre of regional integration; the fourth, raising awareness among citizens in the use of energy and finally, using national sources of hydroelectric energy and bioenergy.

Environmental

Law

In force

Individuals and legal entities from the private sector owning or managing land properties in the eastern region, regardless of industry sector or company size. Citizens in general

The purpose of this legislation is to unify the fight against deforestation in both regions of Paraguay (Western and Eastern), as well as to change the statues of the illicit activities from illegal acts to crimes, and thus ensure that the individuals that commit those crimes cannot evade the sanctions for deforestation with alternative measures to pretrial custody. This law increases the custodial sentences expectations to 5 years, and deforestation acquires the character of crimes and therefore not subject to alternative measures. In the same way, a pecuniary sanction is also imposed, therefore, including high fines, so that it really affects the pocket of each person responsible. The law is an important aid to the fight against rampant deforestation in Paraguay.

Environmental

Law

In force.

General public (specific recipients are not mentioned).

The purpose of this law is to establish a general regulatory framework that allows planning and responding, in an urgent, adequate, coordinated, and sustained manner, to the impacts of climate change.

It also aims to facilitate the implementation of actions that reduce vulnerability, improve adaptation capacities, and allow the development of proposals for mitigating the effects of climate change caused by greenhouse gas emissions.

Environmental

Law

In force.

Owners of properties covered by the conditions indicated in the law.

The purpose of this Law is to regulate the protection, recovery and improvement of the native forest in the Eastern Region of Paraguay so that, within a framework of sustainable development, the forest fulfils its environmental, social and economic functions, contributing to the improvement of the quality of life of the inhabitants of the country and in compliance with Law No. 5875/2017.

Environmental

Law

In force.

Individuals and legal entities domiciled in Paraguay that are producers of electrical energy from non-conventional renewable energy sources.

The purpose of this Law is to promote the generation, production, development, and use of electrical energy from the use of non-conventional non-hydropower renewable energy sources. The production of energy of hydropower origin is excluded from the application of this regulation.

Social

Law

In force

Individuals and legal entities, private and public, regardless of industry sector or company size. Citizens in general. The State, Municipalities and other public entities and governmental agencies

The purpose of this Convention approved by law is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. Persons with disabilities include those who have long-term physical, mental, intellectual, or sensory impairments that, by interacting with various barriers, may prevent their full and effective participation in society, on an equal basis with others.

Social

Law

In force

The State, Municipalities and other public entities and governmental agencies

This law establishes the obligatory incorporation of people with disabilities in public institutions and the required human resources managers training to raise awareness of the inclusion of people with disabilities.

Social

Law

In force

Individuals and private legal entities, regardless of industry sector or company size. The State, Municipalities and other public entities and governmental agencies. Citizens in general

Establishes mechanisms to promote equal opportunities in training for work for persons with disabilities, providing that, in training material for work, they have the right to be protected against all forms of discrimination, exploitation, degrading or abusive treatment based on their disability; to receive education and training within national systems; and to receive technical and economic assistance for the generation of their own lawful income. It also establishes that all institutions that provide training and training services for work must include at least 5% of their educational services aimed at people with disabilities.

Social

Law

In force

Individuals and legal entities, private and public, regardless of industry sector or company size. Citizens in general. The State, Municipalities and other public entities and governmental agencies

The aim of this legislation is to establish policies and strategies for the prevention of violence against women, care mechanisms and measures of protection, punishment and comprehensive reparation, both in the public and private spheres. It sets forth the obligation of the state to implement legal reforms to prevent, punish and eradicate violence against women and eliminate all forms of discrimination that contribute to violate their human rights.

Environmental
Governance

Law

In force

National or foreign private companies interested in the construction and operation of "mini-hydroelectric power plant systems", "small hydroelectric power plant systems", "hydroelectric power plant systems", "geothermal power plant systems" and "plant systems from other new, renewable and clean sources"

Seeks to streamline these processes by promoting and giving the private sector the opportunity to participate in the production and transport of electrical energy. The law also aims to: promote free competition in the generation and/or transport of electrical energy and private participation to identify adequate solutions for the supply of energy to the regional energy market; attract and encourage private investment in the development of projects for the production and/or transport of electrical energy; protect the environment and promote energy conservation.

Environmental
Governance

Law

Following Congressional Lawmaking process

National or foreign private companies interested in the construction and operation of plants from new, renewable and clean sources

This bill regulates the aspects of promotion, generation, development, and use of electrical energy from non-conventional sources (NCRE) defining various sources of generation such as solar, wind, biomass among others. The bill expressly excludes renewable electricity generation of hydraulic origin that will later be subject to special regulation. This legislative initiative seeks to initiate the expansion and diversification of the country's energy production matrix, to generate through public policies the modification of the electricity use matrix through the production and supply of energy from self-generators, co-generators, generators, and exporters of non-conventional renewable electricity, which in this Law are regulated in its various aspects. The bill also incorporates a chapter of tax incentives for a non-extendable period, so that equipment and accessories can be accessible for import and implementation in the country.

Environmental
Governance

Law

In force

Individuals and legal entities in both the public and private sectors regardless of industry sector or company size

This legislation aims to protect the quality of the air and the atmosphere, through the prevention and control of the emission of chemical and physical pollutants into the air, to reduce the deterioration of the environment and the health of living beings, to improve their quality of life and guarantee the sustainability of development.

Environmental
Governance

Law

In force

Individuals and legal entities from the private sector owning or managing land properties in Paraguay, regardless of industry sector or company size. Citizens in general

Establishes that forests and forest lands that are necessary for soil erosion control, regulation and protection of watersheds and springs are of public utility and susceptible to expropriation. This Law declares of public interest the use and rational management of the country's forests and forest lands, that of the renewable natural resources that are included in the regime of this Law and the protection, conservation, improvement, and enhancement of forest resources. The following are the fundamental objectives of this Law: (a) the protection, conservation, enhancement, renewal and sustainable and rational use of the country's forest resources; (b) the incorporation into the national economy of land that can maintain forest vegetation; (c) soil erosion control; (d) the protection of river basins and springs; (e) the promotion of afforestation, reforestation, crop protection, defense and beautification of communication routes, public health and tourism areas; (f) the conservation and enhancement of natural resources for river and lake hunting and fishing in order to obtain maximum social benefit; and (g) the study, research and dissemination of forest products. The National Forest Service is created, under the Ministry of Agriculture and Livestock, with specific powers and attributions to administer, promote and develop the country's forest resources, in terms of their defense, improvement, expansion and rational use.

Environmental
Governance

Law

In force

Individuals and legal entities, private and public purporting to develop a projected work or activity, regardless of industry sector or company size

It is an instrument of environmental policy that aims to prevent, mitigate and restore damage to the environment, as well as the regulation of works or activities to avoid or reduce their negative effects on the environment and human health. It is a unique process whose operability and validity as an instrument of protection and defense of the environment is recommended and endorsed by various international organizations, hence its standardized nature. It is also guaranteed by the experience accumulated in developed countries such as the United States, the United Kingdom of Great Britain, France and Germany, which have incorporated it into their legal system for years. Article 2 of the national legislation in force defines it as: "a scientific study whose purpose is to identify, foresee and estimate environmental impacts". It is emphasized, then, the eminently scientific nature of the Environmental Impact Assessment process that will culminate with the declaration that grants the license to start or continue the projected work or activity; this requires varied knowledge in the use and exploitation of natural resources by the owners of the project, hence its multidisciplinary characteristic for requiring knowledge of several sciences and arts.

Environmental
Governance

Law

In force

Individuals and legal entities, private and public, regardless of industry sector or company size. State and municipalities

The purpose of this law is to provide a guide to municipal entities in the preparation of plans and programs in the field of municipal solid waste management, as well as to issue the respective licenses, and environmental control in the development of the corresponding plans and programs.

Environmental
Governance

Law

In force

Individuals and legal entities, private and public, regardless of industry sector or company size

This law prohibits any natural or legal person from importing products classified as hazardous industrial waste or waste or toxic waste; or facilitate by any means of entry, reception, deposit, use or distribution from any place in the national territory.

Governance

Law

In force

Secretariat for the Prevention of Money or Property Laundering (SEPRELAD) Central Bank Supervisory bodies. Financial and non-financial reporting entities

It created the Secretariat for the Prevention of Money or Property Laundering (SEPRELAD) as the enforcement authority of the aforementioned law, under the Presidency of the Republic. Its purpose is to regulate the obligations, actions and procedures to prevent the use of the financial system and other sectors of economic activity for the performance of acts aimed at legitimizing money or property. Likewise, the typification and punishment of the crime of money or property laundering was included, as well as regulations on confiscation and were amended by Law No 3783/09.

Governance

Law

In force

Secretariat for the Prevention of Money or Property Laundering (SEPRELAD) Central Bank Supervisory bodies. Financial and non-financial reporting entities

Law No. 1015/97 and its amendment Law No. 3783/09 was subject to amendments, in order to strengthen preventive policies in the fight against Money Laundering, the Financing of Terrorism and the Financing of the Proliferation of Weapons of Mass Destruction and in order to adapt the legislation to international requirements of the risk-based approach. In this sense, Law No. 6497/2019 "amending provisions of Law 1015/97, which prevents and represses illegal acts aimed at legitimizing money or property and amending Law No. 3783.

Governance

Law

In force

National Commission against Money Laundering (SEPRELAD). Financial Intermediation entities.

Compels all financial intermediation entities, and other companies indicated by law, to proceed to freeze, without notice to the affected party, all funds or assets, of which they are aware that they could be linked to terrorism, financing of weapons of mass destruction, the sanctions lists of UN Security Council resolutions or requests to freeze funds for the same reasons from third countries,  that circulate through them. The Secretariat for the Prevention of Money or Property Laundering (SEPRELAD) must act in the same way. On the other hand, the law establishes the procedure for the reception and dissemination of lists of persons sanctioned by United Nations Security Council resolutions to public and private entities obliged to collaborate with the prosecution of terrorism, the financing of nuclear weapons and money laundering; as well as the procedure and criteria for the inclusion and exclusion of natural and legal persons in them.

Governance

Law

In force

The State, public and private legal entities and governmental agencies. Citizens in general. Judicial system

It brings criminal legislation into line with the provisions of the UN and OAS Conventions against Corruption by extending the effects of the existing articles on bribery and bribery in the Paraguayan Criminal Code to officials of foreign states and international organizations.

Governance

Law

In force

The State, Municipalities and other public entities and governmental agencies. Public Servants, including congressmen. Judicial System

Introduces the punishable act of “Illicit Enrichment in the Public Function and influence trafficking. It is applicable to any person who performs a public function, or has powers of use, custody, administration or exploitation of funds, services or public goods, whatever the denomination of the position, or its form of election, appointment or hiring, who incurs one of the punishable acts typified in this law.

Governance

Law

In force

The State, public and private legal entities and governmental agencies. Citizens in general. Judicial system

As money laundering is an essentially transnational phenomenon, this legislation's purpose is to prevent and combat it, through the genuine system of global control that the international community has developed, aimed at preventing the different sectors of the world economy from being used by criminal organizations to cover the capital they obtain from their illicit activities with the appearance of legitimacy. This legislation seeks to combat international terrorism through the prevention and control of its financing, coordinated and strongly articulated with the fight against money laundering.

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