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ESG Latin America & the Caribbean Guide 2024 | Charting Sustainable Futures

Paraguay

(Latin America/Caribbean) Firm Peroni Sosa Tellechea Burt & Narvaja

Contributors Victoria Burt

Updated 22 May 2024
ESG Regulation related to climate change prevention or mitigation, specifically concerning carbon footprint or pollution measurement, decarbonization strategies, and/or mandates and strategies to achieve local carbon neutrality commitments

Laws/regulations concerning climate change prevention or mitigation include:

The scope of the application of these laws is Federal.

ESG Regulation regarding energy transition (requirements or promotion and use of new second-generation renewable energy sources such as solar, wind, tidal, H2, geothermal, among others).

Laws/regulations concerning energy transition include:

The scope of the application of these laws is Federal.

ESG Regulation concerning electricity markets, carbon markets, or similar.

Laws/regulations concerning electricity markets, carbon markets, or similar include:

The scope of the application of this law is Federal.

ESG Regulation in the realm of green or sustainable financing, including taxonomies, provisions for mandatory reporting of material financial information on environmental or social matters, as prerequisites for issuing thematic bonds (green, sustainable,

Not applicable.

ESG Regulation for preventing greenwashing.

Not applicable.

Regulation on ESG Due Diligence applicable to value chains (MRV protocols to ensure the environmental integrity of products and services, etc.).

Not applicable.

Regulation in the field of circular economy.

Laws/regulations concerning the field of circular economy include:

The scope of the application of this law is Federal.

ESG Regulation related to stakeholder well-being and social impact.

Laws/regulations concerning stakeholder well-being and social impact include:

The scope of the application of this law is Federal.

ESG Regulation concerning non-discrimination.

Laws/regulations concerning non-discrimination include:

  • National Constitution. International Treaties, Immigration Law Nº 6984. Article 46 of the Paraguayan Constitution, Law Nº 1/92, Act Nº. 34/92, Law Nº 496/95, Act Nº 834/96, Law Nº 1160/97, Law Nº 1600/00, Law Nº 1680/01, Law Nº 863/02
    Some laws promote the inclusion of people with disabilities, such as: Law No. 7.093/2023, Law No. 6057/18, Law No. 6793/2021, Law No. 6.667/2020, Law No. 6.354/19. Law No. 6793/2021 exempts import customs duties and VAT for vehicles and adaptive devices for vehicles for disabled persons. Law No. 6.354/19 guarantees access to communication and information for deaf and hearing disabled persons to carry out procedures in State entities. Law No. 6057/18 regulates the right to access, ambulation and permanence in public places and public transportation services to any person with disabilities accompanied by a guide or assistance dog. Law No. 7.093/2023 regulates the use of the cane for people with total blindness, deafblindness and low vision, setting a color for each person (for example: if the person is using a white cane, that means that they are totally blind, which helps to identify them in the crowd). Law No. 6.667/2020 promotes the permanent implementation of massive campaigns of dissemination and awareness on the rights of persons with disabilities and everything related to the inclusion of persons with disabilities.

Additionally:

  • Article 46 of the Paraguayan Constitution
    Establishes equality between women and men, prohibits discrimination, and requires the State to remove barriers that sustain it.
  • Act No. 1/92
    Partially modifies the Civil Code, focusing on the rights of the family and equal rights for women in marriage.
  • Act No. 34/92
    Created the Women’s Bureau of the Office of the President of the Republic, with ministerial rank.
  • Act No. 496/95
    Incorporated equality and non-discrimination against women in the workplace.
  • Act No. 834/96
    Established the 20% female participation quota in lists for elective posts under the Electoral Code.
  • Act No. 1160/97
    Incorporated the gender perspective in legal discourse, addressing issues like sexual harassment and domestic violence
  • Act No. 1600/00
    Focused on domestic violence, including urgent measures for victims within families.
  • Act No. 1680/01
    Addressed issues related to children and adolescents.
  • Act No. 863/02
    The Agrarian Statute promoted equality for women in access to land, credit, and benefits in the rural sector.

The scope of the application of these laws and acts is Federal.

ESG Regulation pertaining to the prevention of modern slavery.

Laws/regulations concerning the prevention of modern slavery include:

  • Paraguayan Constitution, Labor Code, Penal Code, Law No. 1.160/97 (Article 129)
    Penal Code, Law 1.160/97, Article 129 of the Paraguayan Penal Code addresses human trafficking, specifically punishing those who induce prostitution through force, threat, or deception.
  • Law No. 4788 Integral Against Trafficking in Persons
    Law Number 4788 Integral Against Trafficking in Persons aims to prevent and sanction human trafficking in all its forms, both within the national territory and abroad. It also focuses on protecting and assisting victims of trafficking.
  • Convention on Forced Labor, the Convention on the Abolition of Forced Labor, and the Convention on the Prohibition of the Worst Forms of Child Labor
    International Conventions, Paraguay has ratified various international conventions related to forced labor and child labor, such as the Convention on Forced Labor, the Convention on the Abolition of Forced Labor, and the Convention on the Prohibition of the Worst Forms of Child Labor.

The scope of the application of these laws is Federal.

Resources: 

ESG Regulation regarding Diversity, Equity, and Inclusion - DEI.

Laws/regulations concerning Diversity, Equity, and Inclusion include:

  • Paraguayan Constitution (Article 46), Law No. 1/92, Law No. 496/95, Law No. 1160/97
    • Article 46 of the Paraguayan Constitution: This article establishes equality between women and men, prohibits discrimination, and emphasizes the importance of removing barriers that sustain discrimination
    • Act No. 1/92: This act partially modifies the Civil Code, focusing on family rights and equal rights for women in marriage
    • Act No. 496/95: Incorporates provisions for equality and non-discrimination against women in the workplace
    • Act No. 1160/97: Addresses issues like sexual harassment and domestic violence, incorporating a gender perspective into legal discourse

The scope of the application of these laws is Federal.

Regulation on ESG-linked compensation.

Not applicable. 

ESG Regulation for the protection of vulnerable or minority communities.

Laws/regulations concerning the protection of vulnerable or minority communities include:

  • Paraguayan National Constitution - Protection on Minorities, Indigenous Peoples' Statute (Law No. 390/97), Statute for Children and Adolescents (Law No. 1680/02)
    • Article 46 of the Constitution: This article prohibits discrimination based on race, sex, religion, social origin, economic condition, or any other condition. This lays the foundation for equal rights for all citizens, including minorities.
    • The Indigenous Peoples' Statute (Law No. 390/97) of Paraguay recognizes and guarantees the rights of indigenous peoples to preserve and nurture their ethnic identity, follow their own political, social, economic, cultural, and religious norms, and be bound by their customary laws in internal matters.
    • Law No.1680/02 includes provisions aimed at safeguarding the rights, well-being, and development of children and adolescents, ensuring their protection from exploitation, abuse, and neglect while promoting their overall welfare and access to education, healthcare, and other essential services.

The scope of the application of these laws is Federal.

Resources:

ESG Regulation for economic development of vulnerable or minority communities or groups.

Laws/regulations concerning the economic development of vulnerable or minority communities or groups include:

The scope of the application of this law is Federal.

Regulation on Personal Data Protection, concerning data usage transparency, limits on data usage to prevent discrimination issues, and corporate digital responsibility.

Laws/regulations on Personal Data Protection include:

The scope of the application of this law is Federal.

ESG Regulation regarding the integration of the board of directors, board of trustees, or management body of the company (minimum participation/representation of women or minority groups, guidelines on the composition of board members with expertise in ES

Laws/regulations concerning the integration of the board of directors, trustees, or management body of the company include:

  • Resolution No. 16, Act No. 4 of the Paraguayan Central Bank, January 2022
    The Central Bank of Paraguay updated its Corporate Governance Regulations in January 2022, emphasizing the management of conflicts of interest and introducing changes related to board composition and responsibilities. These regulations include provisions such as:
    • Reporting Subjects: Entities supervised by the Superintendence of Insurance are required to adopt minimum standards of corporate governance.
    • Due Diligence: Emphasis on identification, measurement, and control of risks.
    • Committees: Guidance for optional committees like Compensation, Human Resources, Ethics, and Regulatory Compliance Committees.
    • Chairman's Role: Clearly defined responsibilities for the Chairman to ensure effective board operation and decision-making.
    • Group Structures: Obligations for the Board of Directors of the economic group to oversee business and risk within its group.
    • Control Threshold: Restrictions on Board members holding positions in multiple entities or financial groups. Incompatibilities: Limitations on Board members holding management positions in other financial groups or more than three entities.
    • Risk Management: Precise definitions and regulations on risk culture, appetite, limits, and responsibilities for regulatory compliance.
    • Conflicts of Interest: Policies to identify and manage conflicts of interest within the entity.

The scope of the application of these is Entities regulated by the Central Bank's Superintendency, Insurance Superintendency.

Regulation on fiduciary responsibility and administrators' roles in environmental and social risk management (standards or interpretations regarding the scope of fiduciary responsibility or administrator's duty concerning the company's social purpose, bas

Laws/regulations concerning fiduciary responsibility and administrators' roles in environmental and social risk management include:

There are no specific ESG risks. Directors have unlimited and joint and severed liability before the company, the shareholders and third parties for acts of non-performance or poor performance, violations of the law or the bylaws, and damages caused by fraud, abuse of authority or negligence.

The Penal Code penalizes breach of trust (Art. 192 as amended by Law No. 3.440/08), establishing that whoever, on the basis of a law, an administrative resolution or a contract, has assumed the obligation to protect a relevant patrimonial interest for a third party and causes or fails to prevent, within the scope of protection entrusted to him, a patrimonial damage, shall be punished with imprisonment of up to five years or with a fine.

The scope of the application of these laws is Federal.

ESG Regulation concerning corporate purpose.

Laws/regulations concerning corporate purpose include:

  • Civil Code and Company's Bylaws
    The Paraguayan Civil Code lays the foundation for company formation. Companies establish their purpose and core activities within their bylaws, which must comply with the Civil Code's provisions. This essentially defines the company's reason for existing and the lawful actions it can take. While not mandated, some companies might voluntarily integrate ESG considerations into their decision-making, potentially influencing their overall purpose.
Regulation on types of Benefit and Collective Interest Companies (certifications like B Corps, specific regulations for BIC companies).

Not applicable.

ESG Regulation regarding supply chains from the perspective of ESG risk governance.

Laws/regulations concerning supply chains from the perspective of ESG risk governance include:

  • Ley Nº 1334/98 "De Defensa del Consumidor y del Usuario" Law No. 1334/98 Consumer Protection Law
    Paraguay has established laws impacting supply chains, though not explicitly focused on ESG. These include regulations on:
    • Labor rights: Ensuring suppliers comply with minimum wage, working hour restrictions, and anti-discrimination practices.
    • Environmental protection: Companies might need to consider environmental regulations that apply to their suppliers' operations, such as waste management or pollution control.
    • Consumer protection: Regulations might require companies to ensure their suppliers adhere to product safety standards or fair labeling practices.

The scope of the application of this law is Federal.

ESG Regulation in the context of M&A (ESG due diligence).

Laws/regulations concerning M&A include:

The scope of the application of this law is Federal.

ESG Regulation related to Corporate Digital Responsibility.

Laws/regulations concerning Corporate Digital Responsibility include:

The scope of the application of these laws is Federal.

Specific mandates related to national alignment with specific reporting standards.

Not applicable.

Standards regarding the scope and frequency of such reports.

Not applicable.

ESG Latin America & the Caribbean Guide 2024 | Charting Sustainable Futures

Paraguay

(Latin America/Caribbean) Firm Peroni Sosa Tellechea Burt & Narvaja

Contributors Victoria Burt

Updated 22 May 2024