Legal and regulatory compliance general counsel | Compañía Operadora de Gas - COGA
María Cristina Bendezú Egúsquiza
Legal and regulatory compliance general counsel | Compañía Operadora de Gas - COGA
What are the most significant cases or transactions that your legal team has recently been involved in?
The legal team has recently been involved in developing a plan to close 100% of existing social conflicts in operation through a legal strategy to support the community dialogue tables. Additionally, we have been at the forefront of creating and implementing the contract creation system with contractors who regulated the procedure in all stages: bidding, contracting and contract management. During the pandemic, Coga’s legal team ensured and guaranteed the continuity of the public pipeline gas transportation service, having implemented safe conducts, legal interpretation and requests for force majeure when necessary to provide adequate coverage in emergencies. We have been reviewing and assessing the adequacy of processes for dealing with emergencies and operation claims, understanding the rules that apply in such events, and always complying with regulations. Me and my legal team have been leading the implementation of a regulatory compliance model for the entire company through software that includes metrics that link the person in charge of compliance with the corresponding legal obligation. This has required a change management process in the company, resulting in 100% regulatory compliance automatised through expiration alerts and a unified information database. Additionally, we have created a compliance model aimed at anti-corruption practices and controls of risks. This has required the preparation of a risk map and adequate policies to deal with risks of corruption; all keeping in mind the local regulations, FCPA and UKBA, and the guidelines from the economic group. This has been done in parallel with the adaptation to the personal data protection law of the company’s processes.
How do you feel the pandemic has changed the world of work for in-house counsel and the function of the general counsel?
The pandemic reflected the need for an immediate response in legal matters in the face of an unforeseen change in regulation, as well as the need to respond to situations of force majeure on different fronts — contractors, and the state, as grantor and regulator. For this, specific skills were necessary, such as an immediate response capacity and precision in responding to emergencies. The pandemic accelerated the turn to new technologies such as collaborative work software, digital signatures and remote work. It has changed the perspective regarding meetings usually held in person, such as hearings and negotiations, and the relationship with local officials such as notaries and criminal prosecutors.