Best ESG Advisory & Compliance Lawyers in Peru

About ESG Advisory & Compliance Law in Peru, United States

Environmental, Social, and Governance (ESG) advisory and compliance law refers to the evolving legal framework that guides organizations in meeting standards related to sustainability, ethical practices, and transparency. In both Peru and the United States, ESG compliance is increasingly important due to pressures from regulators, investors, and stakeholders who demand responsible business conduct. This area of law covers requirements for environmental protection, labor rights, diversity and inclusion, anti-corruption, supply chain management, corporate transparency, and proper governance structures.

In Peru, ESG is influenced by both local laws and international commitments. Regulatory bodies and legislative changes are shaping the way Peruvian companies must address ESG risks and opportunities. In the United States, ESG has gained significant momentum, with a mix of federal, state, and industry regulations that impact how businesses incorporate ESG issues into their operations and disclosures.

Why You May Need a Lawyer

Legal advice is crucial for companies and individuals navigating ESG advisory and compliance matters. Common situations where legal help is needed include:

• Understanding applicable ESG regulations and standards relevant to your industry or location
• Drafting and reviewing ESG policies, codes of conduct, and sustainability reports
• Complying with investor or regulatory disclosure requirements
• Implementing effective due diligence systems to address environmental or human rights risks in your supply chain
• Handling government investigations, audits, or enforcement actions related to ESG
• Protecting your business from greenwashing claims or allegations of misleading ESG statements
• Advising on mergers, acquisitions, or investments with significant ESG implications
• Training executives and employees on ESG best practices and compliance obligations
• Responding to public or stakeholder concerns related to corporate social responsibility

Local Laws Overview

Peru: Peru enforces ESG through a series of laws and regulations on environmental protection, anti-corruption, human rights, and sustainable development. Key frameworks include the General Environmental Law, labor regulations, anti-corruption statutes, and indigenous rights protections. Recent developments also see increased scrutiny on companies operating in natural resource sectors, requiring robust due diligence and reporting mechanisms.

Peru is a signatory to several international conventions and has adopted standards in line with the UN Guiding Principles on Business and Human Rights. Regulatory bodies such as the Superintendencia del Mercado de Valores (SMV) also issue ESG-related reporting guidance for listed companies.

United States: In the US, ESG is addressed through a combination of federal and state laws, as well as guidance from agencies like the Securities and Exchange Commission (SEC). Disclosure of material ESG risks is required for public companies, and there are specific rules concerning environmental protection (EPA), anti-discrimination (EEOC), workplace safety (OSHA), and anti-corruption (FCPA). Investor expectations and industry standards, such as those promoted by the Sustainability Accounting Standards Board (SASB), also influence compliance.

Compliance is increasingly complex, especially as regulatory bodies announce plans for mandatory ESG disclosures, climate-related risk reporting, and enhanced shareholder rights to information on corporate conduct.

Frequently Asked Questions

What does ESG mean in legal compliance?

ESG stands for Environmental, Social, and Governance. In legal compliance, it refers to meeting regulatory requirements and best practices related to environmental stewardship, social responsibility, and effective corporate governance.

Are ESG disclosures mandatory in Peru?

Certain ESG disclosures are required for publicly listed companies in Peru, especially those related to environmental impact and anti-corruption measures. The regulatory landscape is evolving, and reporting standards may become stricter over time.

What are the main ESG risks companies face?

Common ESG risks include environmental contamination, violations of labor rights, lack of board diversity, supply chain abuses, corruption, and failure to disclose material risks to investors.

How is ESG regulated in the United States?

ESG regulation in the United States is carried out by multiple agencies, including the SEC, EPA, and OSHA. Requirements vary depending on company size, sector, and whether a company is publicly traded.

What is greenwashing, and how can a lawyer help?

Greenwashing refers to making false or misleading claims about the environmental benefits of a product or the sustainability of a business. Lawyers can help companies draft accurate communications and avoid legal liability.

Is due diligence on ESG matters required for mergers or investments?

Yes, due diligence on ESG matters is increasingly expected in mergers, acquisitions, and investment decisions to identify risks and ensure compliance with local and international standards.

Can non-compliance with ESG result in penalties?

Yes, failure to comply with ESG-related laws and regulations can result in civil or criminal penalties, fines, reputational damage, and loss of business opportunities.

How can companies improve their ESG compliance programs?

Companies can improve ESG compliance by adopting clear policies, conducting regular training, engaging stakeholders, implementing control systems, and seeking professional legal advice.

Who enforces ESG regulations in Peru and the US?

In Peru, enforcement is handled by government agencies like the Ministry of the Environment and SMV. In the US, multiple agencies such as the SEC, EPA, and Department of Labor are involved in enforcement.

What documents are often reviewed in ESG legal audits?

Documents reviewed typically include ESG policies, annual reports, due diligence documentation, supply chain contracts, training records, and disclosures to regulators or investors.

Additional Resources

For further guidance, you may consult the following resources and organizations:

• In Peru: Superintendencia del Mercado de Valores (SMV), Ministry of the Environment, Ministry of Labor and Employment Promotion
• In the United States: Securities and Exchange Commission (SEC), Environmental Protection Agency (EPA), Equal Employment Opportunity Commission (EEOC), Occupational Safety and Health Administration (OSHA)
• International best practices: UN Global Compact, OECD Guidelines for Multinational Enterprises, Sustainability Accounting Standards Board (SASB), Global Reporting Initiative (GRI)
• Professional organizations: Local bar associations, environmental law groups, and industry associations focused on ESG

Next Steps

If you need legal assistance with ESG advisory and compliance in Peru or the United States, it is important to identify your specific needs and seek a lawyer or law firm specializing in ESG issues. Gather relevant documents such as company policies, regulatory correspondence, and previous ESG reports before your consultation. Consider whether your issue relates primarily to environmental, social, or governance concerns, as this will help a lawyer provide targeted advice. You may begin by contacting local bar associations or specialist legal networks to find experienced ESG counsel. Ensure your legal advisor is updated on the latest regulatory developments to fully support your organization’s ESG journey.