ESG Litigation Guide

Nicaragua

With thanks to Aguilar Castillo Love for the below content.

Governance

Law

In force

Natural persons and representants of legal entities (foreigners included), domestic public authorities

Articles 445 to article 449 of the criminal code typify the crimes of bribery and punish domestic natural persons, foreigners and domestic authorities who commit bribery, including with an international entity or organization.

Environmental

Law

In force

Natural persons and legal entities

Article 25 establish that any industry, project or activity that by its own characteristics can possibly diminish the environment must issue an environmental permission granted by the Ministry of Environment and Natural Resources (MARENA). The provisions of this law are mandatory.

Environmental

Environmental Policy

In force

Natural persons, legal entities (foreigners included) domestic public authorities.

Articles 553 to article 557 of the criminal Code allow for penalties for those convicted of felonies or criminal offenses against the environment. These articles apply to all natural persons, legal entities (foreigners included) and domestic public authorities.

Environmental

Environmental policy.

In force.

Legal entities thar carry out activities, projects, works and industries subject to generating an Environmental Impact Study. The decree establishes several categories to classify projects. 

The decree establishes environmental assessments systems and classifies activities that require an environmental permit or authorization. 

Environmental

Law

In force

Of mandatory compliance for all natural persons and legal entities, who carry out the management, treatment and final disposal of non-hazardous solid waste.

This Environmental Technical Standard regulates all non-hazardous solid waste generated by companies. It establishes the way in which the domestic and non-hazardous solid waste produced by its production processes should be managed, treated and disposed of.

Environmental

Law

In force

All natural persons and legal entities that generate hazardous solid waste, Industrial and Biological Infectious waste and all those who are dedicated to the handling, storage, collection, transportation, treatment and final disposal of hazardous solid waste in any part of the national territory.

This Environmental Technical Standard regulates and establishes compliance standards for all chemical use or waste generation by companies, that may be considered hazardous or toxic.

Environmental

Law

In force

Natural persons and legal entities

  • This Law adds to Title II on Environmental Management, Chapter II, on Instruments for Environmental Management, four new sections.
  • In Article 58 (included in one of the new sections) the Environmental Audit is established as a systematic, independent, and documented process of an examination of a company or economic activity to obtain evidence and evaluate it objectively, to verify the degree of compliance with environmental policies and regulations, as well as the measures, conditions and obligations imposed in the Environmental Permit for the proponent of a project, work or activity.
  • Article 105 incorporates as a very serious infraction for the dumping of garbage by industrial companies in the streets, lots, green areas, public buildings, rivers, seas, lagoons, lakes, rights of way, highways, and other prohibited places.
Social

Law

In force

Natural persons and legal entities established in Nicaragua that carry out labour practices

This law establishes minimum conditions that employers must comply with in relation to hygiene and safety for employees and the minimization of labour risks. The provisions of this law are mandatory.

Governance

Law

In force

Legal entities registered under Nicaraguan law

The main focus of this amendment was to set the legal obligation to companies to file information about the final beneficial owner(s) of legal entities with the Public Commercial Registry, in an effort to prevent money laundering and terrorism financing.

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