Soltec Power Holdings S.A. and its subsidiary companies (hereinafter called “the Group”) are devoted to the production and execution of projects of solar tracking for energy production.
As a consequence of the modifications undergone by the Organic Law 10/1995 of 23rd of November, of the Spanish Criminal Code, by the Organic Law 5/2010 (that came into force on the 23rd of December of 2010) and by the Organic Law 1/2015 (that came into force on the 30th of March of 2015), that introduced in the criminal jurisdiction the liability of legal persons, as well as the requirement of supplementary legislation, the Group has decided to launch a system of regulatory compliance and of prevention of the offence in order to avoid that this type of contingencies may take place within the Group.
In this sense, the Board of Directors and the Senior Management of the Group hereby set forth the present Policy of criminal compliance (hereinafter called “the Policy”) as a statement of their commitment to:
2. Scope of Application
The present Policy and the entire programme of Corporate Compliance are applicable to Soltec Power Holdings S.A. and Soltec Energías Renovables S.L.. and, particularly, to its Board of Directors, its Senior Management, its employees as well as any other interested party.
In this sense, the activities in whose scope the crimes that must be prevented may be committed, and that, therefore, are comprised within he present Policy are the following:
As an essential requirement so as to engage in any kind of commercial relationship with the Group, any third party intending to contract with the Group shall have to expressly sign its acceptance of the present Policy and the obligations arising out of it, and especially zero tolerance of the Group with the commission of criminal offences, both on the part of the members of the Group and on third parties with which it may contract.
In this sense, the Group reserves the right to request from those business partners with which it has established wide-ranging relationships, a system of management of criminal compliance or equivalent to the effects of providing efficacy to all the above mentioned; also being able to discharge the contractual relationship in case of breach of all the above mentioned by third parties.
With the implementation of this Policy and the entire criminal compliance system implemented, the Group intends to:
To this end, on an annual basis, the organization determines a series of compliance objectives and develops the planning of the measures aimed at their achievement.
For the purposes of achieving the defined goals, the general guiding principles of the programme are described below, as well as the means designed for its compliance.
Finally, and in line with the goal of complying with the commitment of continuous improvement of the programme, the goals established by the Group within the present policy shall also be object of periodical review.
4. General Principles of the Programme of Corporate Compliance
The general principles that inspire and rule the present Policy and the entire programme of Corporate Compliance are the following:
5. Programme of Corporate Compliance
The programme of Corporate Compliance of the Group has been drafted on the basis of the analysis of criminal risks susceptible of affecting the organisation in the development of its activity, and is formed by a series of procedures, protocols and policies devoted to prevent, detect, manage and sanction the realization of such criminal risks.
The programme of Corporate Compliance has as its main key pillars the following elements:
6. Review and Improvement of the Policy of Corporate Compliance
The Group is committed to reviewing and improving continuously the present Policy and the programme of Corporate Compliance. The reviews shall be carried out, in all cases, on an annual basis, without prejudice to carry out as many extraordinary reviews as may be necessary due to regulatory changes or changes within the structure of the Group, breaches of the programme or any other extraordinary circumstances that may require it.
 The Procedure of Validation of suppliers approved by the Group is intended for the Disqualification of all those suppliers in breach of the implemented system; the contracting conditions of the Group also foresee expressly the declaration of the suppliers and clients of having reviewed the policy of the Group as well as the possibility of discharging the agreement with the suppliers by the Group in case of serious breaches or clearly contrary attitudes to the programme implemented in the Group. In the case of minor breaches, the organization shall make a warning in writing.
 Organic Law 12/1995, of 12th of December, of Suppression of the Smuggling, Royal Decree of 14th of September of 1882, by which the Criminal Procedure Act is approved, Act 12/2003, of 21st of May, for the prevention and blocking of financing of terrorism, Act 10/2010, of 28th of April, for the prevention of money laundering and the financing of terrorism, Act 35/1995, of 11th of December, to give aid and assistance to victims of violent crimes and against crimes against sexual freedom, Organic Law 5/1995, of 22nd of May, of the Court of the Jury, Organic Law 5/2000, of 12th of January, regulating the criminal liability of the minor, Royal Decree 1774/2004, of 30th of July, by which the Regulations of the Organic Law 5/2000, of 12th of January regulating the criminal liability of the minors is approved, Organic Law 1/2004, of 28th of December, of Comprehensive Protection Measures against render-based violence, Act 4/2015, of 27th of April, of the Statute of the victim of the crime, Royal Decree 1109/2015, of 11th of December, by which the Act 4/2015, of 27th of April, of the Statute of the victim of the crime is developed and the Offices of Assistance to Victims of the Crime are ruled.
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