Escrito por: José Manuel Garcelán Publicado: 01/07/2017
Since its beginnings, ethics, integrity, honesty, and full compliance with all applicable laws have guided Grupo Antolin’s commitment. This Code of Ethics and Conduct contributes to implementing these values continuously by establishing certain non-negotiable minimum behavior standards applicable to key areas. However, the nature of this Code does not cover all possible risk and non-compliance situations that may exist in the company. This is why, since April 17, 2017, Grupo Antolin has decided to introduce a new role: the Compliance Officer.
José Manuel Garcelán, born in Madrid and with vast experience in the field of Compliance, will be responsible for implementing a compliance program based on procedures that ensure the proper execution of the company’s internal and external activities. He will ensure that no crimes are committed within the company and will make sure that its control activities are clearly, transparently, and simply communicated, generating evidence that no omission of these activities has occurred.
In Madrid.
I have a degree in Business Administration and Law, although I have completed my education with postgraduate studies and an MBA in Legal, Compliance, and Privacy matters.
After 30 years of experience in different multinational companies, I believe that we must “think globally and act locally”.
I value teamwork, proactivity, flexibility, analytical skills, but above all, integrity. It is an essential value from my point of view.
Both are true. In my field, the vast majority of people are good, and consequently, all employees strive to comply with the code of conduct, policies, procedures, etc. However, sometimes we detect deviations or issues.
In most of these cases, they are unintentional, due to ignorance or error. But it is also true that I don’t know of any city without criminals. The same happens in companies. These are very few cases, but my role is to have the appropriate mechanisms to detect those who are not aligned with the company’s values and knowingly break the rules.
I recently watched “Miss Sloane”, and I found it to be an excellent movie. I think it clearly demonstrates the enormous power that certain lobbies, like the gun lobby in the U.S., wield. In my opinion, ethics should take precedence over business and power, although I recognize that in this world, money can buy many wills. The film’s successful protagonist shows that the end does not justify the means, and not everything is acceptable.
“Nothing is impossible”. It reflects a positive attitude toward life and a willingness to seek solutions to problems.
It is an English term that does not have an exact translation, so it wouldn’t be precise to say it is simply “legal compliance”.
Compliance, understood in a modern sense, in my view, incorporates two types of obligations: the strictly legal ones that we all have in mind and those that the company chooses to voluntarily comply with. Both are reflected in our Code of Ethics and Conduct.
There is a long list of responsibilities in my role, but I would simplify it to say that my primary function is “to protect the company and everyone who is part of it”.
To fulfill this task, we will analyze and assess risks, identify policies, procedures, and controls that the organization has in place to prevent, detect, and manage all of them within the scope of the Compliance system.
Businesses in the 21st century are radically different from those decades ago. Today, they are incredibly complex, with numerous regulations imposed by public administrations and various jurisdictions, in addition to ethical standards that society and stakeholders expect to be applied.
Therefore, mechanisms are needed to ensure their application through an independent and autonomous function like mine. Additionally, in many countries, such as Spain, having a Compliance Management System can serve as a mitigating or exonerating factor in the event of a potential crime.
There are international standards, such as ISO 19600, that outline the standard components of a good Compliance program. One of the fundamental elements is commitment, which we call “tone at the top”. At Grupo Antolin, we have this, and it comes from our Board of Directors. Additionally, we need:
The main difference is that more regulated sectors, like the ones you mentioned, are ahead in implementing Compliance Management Systems (CMS). These organizations have a higher level of maturity. It’s true that they work on a “core” aspect of Compliance, which differs from what is done in the automotive industry. For example, in the banking sector, the cornerstone of their Compliance is Anti-Money Laundering (AML), while in the pharmaceutical sector, it revolves around business practices with doctors.
“My idea is to integrate Compliance obligations into the organization’s business processes, so fulfilling them becomes a natural part of those processes”.
Compliance programs are mandatory in some jurisdictions. In Spain, with the reform of the criminal code, it is voluntary, but it becomes an essential requirement if we want to opt for exoneration or mitigation of the company’s criminal liability.
Compliance programs are permanent but involve continuous improvement. They are dynamic and constantly evolving to adapt to risks and new business realities. A periodic review of the program is necessary, at least once a year.
This is a joint effort. Typically, organizations have three lines of defense: the first line consists of all employees who must comply with the rules; Compliance forms the second line, supervising that this is done; and finally, Internal Audit, the third line, ensuring the entire system works.
Therefore, it will only be achieved with the help of the entire organization, integrating what already exists, avoiding overlaps, and creating a CMS (Compliance Management System) that will lead us to incorporate a culture of integrity and Compliance into our organization. My idea is to integrate Compliance obligations into the business processes of the organization so that fulfilling them becomes a natural part of those processes, avoiding them being formalities or additional requirements, through a Compliance Committee where all functions are represented.
The members of the Compliance Committee, among other tasks, will be responsible for identifying, analyzing, and assessing the risks of their areas or businesses covered by the Compliance Program. In summary, their work will help me in this awareness and oversight task. It will only work under the principle of “Compliance is everyone’s responsibility”.
“Compliance does not operate in isolation. We work hand in hand with other corporate functions such as the legal, financial, and internal audit departments. We have different responsibilities, but at the same time, complementary ones”.
The Compliance function ensures that the organization’s personnel receive ongoing training to improve their understanding of the Compliance obligations that affect their day-to-day work, the risks of non-compliance associated with them, and the policies, procedures, and controls related to the Compliance Program.
Executives play a key role in decision-making and will receive both general and specific training in line with their responsibilities. They must lead by example and create a culture of compliance (ethics and aesthetics) within their units.
I am fortunate to be in an industrial company that is well-disciplined, focused on tasks, processes, and efficiencies, and also centralized. All these characteristics help my role, as they mitigate risks.
Together, we are creating the “core” Compliance, and then we will expand it to all countries. The corporate quality division is contributing a lot of peace of mind, as they have much experience in this area. Compliance will always be managed based on the principles of proportionality and with a risk-based approach by country and business.
“Executives are key in decision-making. They will receive both general and specific training in line with their responsibilities. They must lead by example and create a culture of compliance (ethics and aesthetics) within their units”.
I am motivated to be part of such a fascinating and innovative industry like ours, which has a strong impact on the GDP. It’s exciting to think that 1 in every 3 cars in the world contains our products.
We spend a lot of time inside a car, so I would ask for it to be as comfortable and safe as possible. I would also like it to be electric to be more environmentally friendly.
I don’t have a favorite color. I follow the trends that come and go: metallics, whites, blacks, and now, combinations.
“Super López” (José Ignacio López de Arriortúa), who marked a before and after in the sector, with both his lights and shadows.
I believe the best is yet to come, with “the internet of interiors,” where surely Grupo Antolin will have much to say and do.
The seatbelt or the airbag, for their impact on safety and their contribution to saving lives.
“Safety is not something to play with”
My first car was a Renault 11. I believe it didn’t have air conditioning or power steering.
For many years, science fiction movies have ventured into the idea of flying cars. While I’m not sure we will see them in 20 years, Toyota is working on marketing a flying car, and Airbus has presented the first drone-car at the 2017 Geneva Motor Show.
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