ESG Latin America & the Caribbean Guide 2024 | Charting Sustainable Futures |
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Uruguay |
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(Latin America/Caribbean)
Firm
Guyer & Regules
Contributors
Beatriz Spiess |
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| 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 is State. |
| 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 is State. |
| ESG Regulation concerning electricity markets, carbon markets, or similar. | Not applicable. |
| 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, | Laws/regulations concerning the realm of green or sustainable financing include: Uruguay's Sovereign Sustainability Liked Bonds Framework ("SSLB Framework") The scope of the application is State. |
| 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 is State. |
| ESG Regulation related to stakeholder well-being and social impact. | Not applicable. |
| ESG Regulation concerning non-discrimination. | Laws/regulations concerning non-discrimination include:
The scope of the application is Federal. |
| ESG Regulation pertaining to the prevention of modern slavery. | Laws/regulations concerning the prevention of modern slavery include: National Constitution, ILO CO105, Law No. 19643 The scope of the application is Federal. |
| ESG Regulation regarding Diversity, Equity, and Inclusion - DEI. | Laws/regulations concerning DE&I include:
The scope of the application 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: ESG Regulation for the protection of vulnerable or minority communities. The scope of the application is Federal. |
| 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 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 concerning Personal Data Protection include:
The scope of the application 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 | Not applicable. |
| 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:
The scope of the application is Federal. |
| ESG Regulation concerning corporate purpose. | Not applicable. |
| Regulation on types of Benefit and Collective Interest Companies (certifications like B Corps, specific regulations for BIC companies). | Laws/regulations concerning types of Benefit and Collective Interest Companies include:
This law and its regulatory decree create the legal framework for BIC companies in Uruguay. The scope of the application is Federal. |
| ESG Regulation regarding supply chains from the perspective of ESG risk governance. | Not applicable. |
| ESG Regulation in the context of M&A (ESG due diligence). | Not applicable. |
| ESG Regulation related to Corporate Digital Responsibility. | Not applicable. |
| 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
Uruguay
(Latin America/Caribbean) Firm Guyer & RegulesContributors Beatriz Spiess
Updated 22 May 2024Laws/regulations concerning climate change prevention or mitigation include:
- Decree Number 310/017, dated November 3, 2017, National Policy on Climate Change
This is Uruguay´s National Strategic Policy on Climate Change, for 2050.
The scope of the application is State.
Laws/regulations concerning energy transition include:
- Law 16,906 of Industrial Investment Promotion
Law 16906 regulates an investment promotion regime for nationals and foreigners. - Decree 354/009 for Energy Investment Promotion
Decree 354/009 issued in accordance with this law, specifically promotes the generation of non-traditional renewable electric energy, the production of renewable energy, the transformation of solar energy into thermal and the conversion of equipment or processes into energy efficient, among others.
The scope of the application is State.
Not applicable.
Laws/regulations concerning the realm of green or sustainable financing include:
Uruguay's Sovereign Sustainability Liked Bonds Framework ("SSLB Framework")
The SSLB Framework links Uruguay´s sovereign bond financing to Uruguay´s climate and nature targets as established under the Paris Agreement and describes Uruguay´s sustainable priorities.
The scope of the application is State.
Not applicable.
Not applicable.
Laws/regulations concerning the field of circular economy include:
- Circular Economy Action Plan
This document, although not a regulation, contains the proposed National Action Plan for the promotion of circular economy in Uruguay. It was issued in 2019 and has served as a basis for the development of the National Circular Economy Strategy, currently under development
The scope of the application is State.
Not applicable.
Laws/regulations concerning non-discrimination include:
- National Constitution, ILO C111, Law No. 16045, Law No. 17817, Law No. 19846
The National Constitution recognizes the equality of all persons, without distinction of personal or other characteristics. Uruguay ratified and transposed into National Law ILO C111 on discrimination on access to employment. Also, there are several laws that establish measures to prevent, attend, protect, penalize and eradicate discrimination, xenophobia and racism, such as:- Law No. 16045
- Law No. 17817
- Law No. 19846
The scope of the application is Federal.
Laws/regulations concerning the prevention of modern slavery include:
National Constitution, ILO CO105, Law No. 19643
The National Constitution recognizes all inhabitants the right to be protected in their freedom. Moreover, Uruguay has ratified and transposed into National Law ILO CO29 on Forced Labor and its Protocol, ILO CO105 on the abolition of forced labor. Forced labor is also prohibited by the Uruguayan Criminal Code and Law No. 19643 for the prevention, prosecution and punishment of human trafficking and exploitation, as well as the care, protection and reparation of the victims.
The scope of the application is Federal.
Laws/regulations concerning DE&I include:
- Law No. 19846
Law No. 19846 regulates the equality of rights and opportunities between men and women, including in employment. - Law No. 18651
Law No. 18651 sets out a series of measures for the comprehensive protection of persons with disabilities, regulating issues related to health, education, work, accessibility and transportation. - Law No. 19691
Law No. 19691 sets out a series of measures to promote access to employment for disabled workers. - Law No. 19122
Law No. 19122 establishes the promotion and implementation of affirmative actions in the public and private spheres, aimed at the members of the Afro-descendant population.
The scope of the application is Federal.
Not applicable.
Laws/regulations concerning the protection of vulnerable or minority communities include:
ESG Regulation for the protection of vulnerable or minority communities.
Law No. 18651 sets out a series of measures for the comprehensive protection of persons with disabilities, regulating issues related to health, education, work, accessibility and transportation. Law No. 19691 sets out a series of measures to promote access to employment for disabled workers. Law No. 19122 establishes the promotion and implementation of affirmative actions in the public and private spheres, aimed at the members of the Afro-descendant population. The Law No. 19121 establishes that access to public function and to the administrative career will be carried out without any type of discrimination based on gender, disability, belonging to minorities, or of any other nature, without prejudice to the requirements necessary for the function and those specific norms of positive discrimination. Law 19684 refers to the comprehensive protection of trans people.
The scope of the application is Federal.
Laws/regulations concerning the economic development of vulnerable or minority communities or groups include:
- Law No. 18651
Law No. 18651 sets out a series of measures for the comprehensive protection of persons with disabilities, regulating issues related to health, education, work, accessibility and transportation. - Law No. 19691
Law No. 19691 sets out a series of measures to promote access to employment of disabled workers. - Law No. 19122
Law No. 19122 establishes the promotion and implementation of affirmative actions in the public and private spheres, aimed at the members of the Afro-descendant population. - Law No. 19121
Law No. 19121 establishes the access to the public function and to the administrative career will be carried out without any type of discrimination based on gender, disability, belonging to minorities, or of any other nature, without prejudice to the requirements necessary for the function and those specific norms of positive discrimination. - Law No. 19685
Law 19684 refers to the comprehensive protection of trans people.
The scope of the application is Federal.
Laws/regulations concerning Personal Data Protection include:
- Law No. 18331
Law 18331 regulates aspects related to the protection of personal data.
The scope of the application is Federal.
Not applicable.
Laws/regulations concerning fiduciary responsibility and administrators' roles in environmental and social risk management include:
- Section 4 of Law 19.969
Directors of BIC companies and trustees of BIC trusts, when exercising their roles and adopting decisions, are required to consider the impacts of their actions and decisions on (i) shareholders (ii) employees and (iii) community and environment. Only shareholders or beneficiaries are entitled to claim compliance with this regulation.
The scope of the application is Federal.
Not applicable.
Laws/regulations concerning types of Benefit and Collective Interest Companies include:
- Law 19,969
- Decree 136/022
This law and its regulatory decree create the legal framework for BIC companies in Uruguay.
The scope of the application is Federal.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.