This regulation shall enter into force upon its approval by the Board of Directors and dissemination to internal personnel. Said regulation shall be reviewed and updated if necessary every three years.
Institutional Guide for the Reception and Processing of Complaints 1°-Purpose of the Guide. To guide employees and citizens on the procedure for filing complaints related to alleged conduct contrary to institutional probity, ethics, or transparency.
2°-Filing Channels. Complaints may be made through:
- a)Written submission to the Executive Presidency or the Internal Audit Office, which can be delivered physically to the corresponding offices, or via email.
- b)Anonymous complaints or those sent electronically must include sufficient evidence to open a preliminary investigation; otherwise, they shall be archived.
3°-Minimum Content. The complaint must contain, to the extent possible:
. Identification of the complainant.
. Detailed description: The facts must be described clearly, precisely, and with circumstances.
. Names or positions of the persons involved, or at least elements that allow their identification.
. Place, date, and evidentiary means, if any.
. In the case of anonymous complaints, only those accompanied by sufficient evidence to open a preliminary investigation shall be considered.
. Place or means for receiving notifications.
4°-Confidentiality. Every complaint shall be treated as confidential. No official may disclose the identity of the whistleblower or the content of the file, except by court order.
The conduct of an official who discloses confidential information to third parties regarding the filing of complaints, their course, or their final resolution, without the corresponding authorization for such purposes, shall be considered a serious cause.
5°-Processing.
- a)The complaint shall be registered.
- b)It shall be verified whether the facts fall under the jurisdiction of INCOPESCA.
- c)Its admissibility shall be assessed.
- d)If deemed appropriate, in the case of the Executive Presidency, the formation of a Preliminary Investigation Body shall be ordered; and in the case of the Internal Audit Office, it may initiate the Preliminary Investigation ex officio.
- e)The complainant shall be informed, if their identity is known, of the progress of the process when a means for notification has been indicated; otherwise, it shall be recorded in the file.
6°-Deadlines. The Executive Presidency must rule on the admissibility of the complaint within ten business days following its receipt and issue a report within thirty business days thereafter, except for complex cases. In the case of the internal audit office, the deadlines shall be adjusted to the General Guidelines for the analysis of alleged irregular acts, issued by the CGR, and the Regulation of Complaints of the Internal Audit Office.
7°-Whistleblower Protection. The right to confidentiality, protection against reprisals, and preservation of their employment stability is guaranteed.
8°-Archiving or Dismissal. When sufficient elements are not found, the complaint may be archived by means of a reasoned resolution, which shall be communicated to the complainant via the means for receiving notifications provided; otherwise, it shall be recorded in the corresponding file.
Furthermore, in the case of anonymous complaints, complaints submitted anonymously shall not be processed. In exceptional cases, a preliminary investigation may be opened ex officio when it includes evidentiary elements that warrant it. Otherwise, the respective authority shall order its archiving without further processing.
9°-Follow-up. The Values and Ethics Commission shall keep a statistical record of the complaints received, their status, and final result, as part of the Institutional Internal Control System.
10.-Dissemination. This regulation and its guide must be disseminated to all INCOPESCA personnel through training and publication on the institutional Intranet.