ESG Litigation Guide

El Salvador

With thanks to Aguilar Castillo Love for the below content

Governance

Law

In force

Securities Valuation offices; General Deposit Warehouses; Cooperative Banks, Savings and Credit Societies and Federations regulated by the Law of Cooperative Banks and Savings and Credit Societies, Exchanges of Products and Services; Stock Exchanges; Houses of Stockbrokers; Investment Fund Management; Pension Fund Management Institutions; Risk Classification Societies; Insurance Companies incorporated in the country and Cooperative Insurance Associations incorporated in the country; Companies Specialized in the Deposit and Custody of Securities; Electronic Money Provider Companies; Branches of Foreign Banks established in the country, as pertinent; Branches of Foreign Insurance Companies established in the country; and Securitization companies.

This Law’s purpose is to establish the regulations related to the corporate governance bodies of the entities subject to their application; as well as the policies and procedures that must be issued, in order to ensure the adoption of good corporate governance practices and the adoption of an adequate framework of transparency and protection of the interests of the shareholders, clients of the entity, in accordance with the applicable laws and best international practices in the matter, in accordance with the nature and scale of its activities.

Governance

Law

In force

National or foreign entities or companies engaged in remittance services, all legal national or foreign entities or companies engaged in any monetary transaction in the country.

This Law establishes that national or foreign entities or companies engaged in remittance services as well as all legal national or foreign entities or companies engaged in any monetary transaction in the country are required to register within the FIU, for the prevention, detection and control of money and asset laundering, financing of terrorism and financing of the proliferation of weapons of mass destruction. Also, all entities or legal companies, national or foreign, that are involved in transactions of up to US $ 10,000.00 in cash or $ 25,000 in other means, must report to the competent authorities.

Governance

Law

In force

All legal national or foreign entities or companies engaged in any monetary transaction in the country.

The objective of this Law is to prevent, detect, punish, and eradicate the crime of money and asset laundering, as well as its concealment.

Governance

Law

In force

Stock exchanges; Exchanges of products and services; Stock brokerage houses; Companies specialized in the deposit and custody of securities; Risk rating companies; Agents specialized in securities valuation; General deposit warehouses; Securitization companies; and Investment fund managers.

This Law establishes the regulations related to the corporate governance bodies of the entities that belong to both the securities market and the products and services market; as well as the policies and procedures that must be issued, in order to ensure the adoption of good corporate governance practices and the adoption of an adequate framework of transparency and protection of the interests of the entity's shareholders and clients.

Environmental

Law

In force

It applies to any of the followingactivities:production, commercialization, distribution, import, export, and use of: pesticides, fertilizers, herbicides, amendments or improvers, defoliants and other chemical and chemical-biological products for agricultural use; governmental or private, whether for commercial, industrial, educational, experimental or research purposes.

The purpose of the law is to regulate the production, commercialization, distribution, import, export, and use of: pesticides, fertilizers, herbicides, amendments or improvers, defoliants and other chemical and chemical-biological products for agricultural use, livestock or veterinary and their raw materials.

Social

law

In force

It applies to natural and legal persons, public, private, mixed economy and government institutions and generators of all kinds of waste in the national territory, including consumers.

This law aims to achieve the reduction of waste generation prioritizing prevention, the promotion of reuse, repair, recycling and other types of recovery, making the population aware of the preference of products that generate usable waste.

Social

Law

In force

All workplaces, whether private or state

This Law establishes the occupational safety and health requirements that must be applied in the workplace, in order to establish the basic framework of guarantees and responsibilities that adequate level of protection of the safety and health of workers, against the risks derived from work according to their psychological and physiological aptitudes for work.

Social

Law

In force

The public and private company and the entities responsible for authorizing urbanization plans and projects.

This Law establishes the regime of equality of opportunities for people with physical, mental, psychological and sensory disabilities, whether congenital or acquired.

Governance

Law

In force

All individuals and entities

This Law has the purpose of prohibiting metallic mining in the soil and subsoil of the territory of the Republic. The prohibition of metal mining includes the activities of: exploration, extraction, exploitation and processing, whether open pit or underground. The prohibition also applies to the use of toxic chemicals, such as cyanide, mercury and others, in any metallic mining.

Governance

Law

In force

It applies to the owners who have an environmental permit and a wastewater treatment plant. As well as to any activity, work or project that performs wastewater management, it also applies  to the management of residual sludge regardless of origin or destination, located in the national territory.

Establishes the permissible limits for the quality parameters of residual waters and their sludge, as well as the technical mechanisms and procedures for their management.

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