Corporate social responsibility (CSR)

There is an undeniable growing concern among industries, not only to maximize the economic benefits for companies and their shareholders but also to generate positive impacts on society and stakeholders. This has become a necessity due to its potential to create value.

At AVL Abogados, our commitment to corporate social responsibility (CSR) is reflected in our firm dedication to working closely with our clients to integrate ESG (Environmental, Social, and Governance) criteria and ethical standards into their operations. This includes preventing corruption, money laundering, and human rights violations. These factors are crucial for assessing the non-financial impacts of investments and businesses, encompassing concerns such as health and safety, pollution reduction, and social responsibility, as well as broader issues like climate change, community relations, human rights, money laundering, anti-corruption, and the circular economy.

We have a specialized team with experience that enables us to advise and assist our clients in all legal aspects related to CSR. Our comprehensive advice includes managing green tax benefits and investment incentives, obtaining environmental and water permits, as well as conducting the necessary prior and environmental consultations to comply with Ecuadorian legislation. We also offer support in negotiating agreements and contracts with communities to ensure the sustainable development of projects, and in resolving environmental and social conflicts through mediation, and when necessary, resort to arbitration or litigation.

We also excel in drafting contractual clauses that ensure adherence to the highest CSR standards within each industry and its supply chains. At AVL Abogados, we work closely with our clients to analyze, develop, and implement the best compliance and ethics policies at all levels of the organization.

We design and verify the implementation of compliance plans, helping to define actions, protocols, and procedures that make up a compliance program. We review and update these established systems to prevent companies from engaging in actions that could lead to sanctions or compromise their reputation or sustainability.

We stand out for our team of highly skilled professionals with extensive experience in managing legal aspects related to CSR.

Our specialist lawyers combine a deep understanding of environmental and social regulations with exceptional skills in negotiation and conflict resolution. We are fully aware of the need to obtain a social license when entering a space, thus ensuring the project’s success and always aiming for positive impacts on society.

We distinguish ourselves not only by our ability to handle complex regulations and ensure compliance at all stages of a project but also by our commitment to ethics and client service. At AVL Abogados, we are known for our ethical commitment and responsibility toward communities, our fight against corruption and environmental issues, and our promotion of sustainable and fair business practices. Our dedication to environmental compliance, strengthening community relations, and anti-corruption efforts makes us an invaluable ally for any company committed to CSR principles, aiming for sustainable and long-term results.

Learn About Our Firm's Relevant Cases

  • AVL Abogados has assisted in various processes for obtaining environmental and water permits, ensuring their proper management.

  • We have been involved in drafting prior consultation bills and secondary regulations, promoting their adoption before the National Assembly and other government authorities. Additionally, we have provided advice on various occasions for drafting regulations for Environmental Consultation.

  • Our involvement has been crucial in major mining and energy projects, where we have negotiated and drafted agreements and contracts with communities, considering environmental and social aspects.

  • We have developed significant defenses in various constitutional actions related to environmental issues within the mining industry.

 

Our clients benefit from the ongoing advisory of our team, with whom we have been able to develop:

 

  • Corporate Governance Standards

  • Anti-Corruption Policies and Codes of Ethics

  • Establishment of Compliance Policies and Integrity Culture

  • Due Diligence Processes, Risk Matrix Processes, and Mitigation Mechanisms in areas such as labor, data protection, corporate, contractual, strategic sectors, among others.

  • We also actively participate in incorporating CSR principles into all types of contractual documents and monitoring compliance with these policies within supply chains.

When is a Lawyer Needed in the Area of Corporate Social Responsibility?

Specialized CSR lawyers are essential in multiple situations, such as obtaining tax benefits and incentives for sustainable investments, managing environmental and water permits, and executing prior consultation and environmental processes.

We also provide support in negotiating agreements and contracts with local communities, ensuring strong and lasting relationships that facilitate the sustainable development of projects. In cases of environmental and social conflicts, we offer mediation, arbitration, and litigation services, representing clients before local and arbitration courts.

We provide advice on constitutional processes related to environmental and social disputes.

Additionally, we strive to ensure strict compliance with legislation and the protection of the environmental and cultural human rights of affected communities, as well as to promote responsible and sustainable business practices.

Given the potential for sanctions, regulatory reforms, and the need to optimize corporate processes, it is essential to have guidance in the restructuring and building of the organization under a culture of integrity. This includes improving policies, analyzing and mitigating risks, establishing whistleblower channels, and promoting the training of personnel in regulatory compliance.

What services does AVL provide in this area?

  • Green Tax Benefits and Investment Incentives: Application and Management. Ecuadorian legislation provides for tax benefits for sustainable investments and the prevention, protection, and conservation of the environment, as well as for environmental remediation and restoration. AVL Abogados offers advice and assistance in obtaining and managing these tax benefits, along with other incentives for investments.

  • Environmental and Water Permits: Application and Management. We have supported our clients across all sectors, particularly in the mining and electric industries, with their environmental and water regulatory obligations. We provide advice throughout the process of obtaining and managing environmental and water permits at all stages of a project.

  • We also offer guidance on other environmental aspects of business, such as the carbon credit market.

  • Prior Consultation and Environmental Consultation: Assistance and Monitoring. Ecuadorian law requires free, prior, and informed consultation with indigenous communities whose environmental and cultural rights may be affected by the exploration and exploitation of non-renewable natural resources. Additionally, an environmental permit requires an environmental consultation with residents in the project’s area of influence. AVL Abogados assists in navigating the regulatory aspects of both consultations, advocating for the client’s interests within the intricate details of the regulations.

  • We support our clients in achieving strong and lasting relationships with nearby communities, enabling projects to develop sustainably into the future. This is accomplished through our advice on transparent and thorough negotiations at the various stages of a project, ultimately reaching an agreement or contract.

  • Conflict resolution: mediation, arbitration and litigation of environmental and social conflicts.  AVL Abogados has extensive experience in mediation, judicial, and arbitration proceedings across all industries, including disputes related to the environmental and social aspects of a project. We advise our clients during mediation to avoid litigation or arbitration. If necessary, we represent our clients before local courts and arbitration tribunals. We also have experience in constitutional procedures related to environmental and social conflicts.

  • Legal advice in general legal compliance processes, development of codes of conduct and ethics, policies, procedures, and internal controls; audits and due diligence processes to verify regulatory compliance, as well as establish mitigation mechanisms to avoid sanctions and fines; preparation of reports and corporate policies in labor, corporate, data protection, and other areas.

  • Drafting of contractual clauses and other legal documentation necessary to ensure compliance with CSR policies, both internally within an organization and externally.

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