Growing Together Act

Growing Together Act

Growing Together Act

Published on march 13 , 2023

Foto de Héctor Josué Deras Argueta

Héctor Josué Deras Argueta - Associate

Last January 3, the "Growing Together Law for early childhood, childhood and adolescence", better known as "Growing Together Law", approved by the Legislative Assembly on June 22, 2022 and published in the Official Gazette No. 11 Volume 435 of June 22, 2022, became effective. This Law is made up of 308 articles. Its purpose is to guarantee the exercise and full enjoyment of the rights of all children and adolescents, as well as to facilitate the fulfillment of their duties, regardless of their nationality.

It is divided into three books, which develop in an integrated manner the purpose of the law; these are:

- Book One. It establishes the guiding principles of the law and the rights and duties enjoyed by all children and adolescents.

- Book Two. It regulates the entities and institutions that are part of the National System of Integral Protection, which will be responsible for guaranteeing the full enjoyment of the rights of early childhood, childhood and adolescence.

- Book Three. It regulates the procedures and judicial processes that involve from early childhood to childhood and adolescence. This section defines the legal regime of those institutions that, with the entry into force of the Law, were dissolved, such as the Salvadoran Institute for the Integral Development of Children and Adolescents (ISNA) and the National Council for Children and Adolescents (CONNA), whose functions are now assumed by the National Council for Early Childhood, Children and Adolescents (CONAPINA).

With the entry into force of the law, the "Law for the Integrated Protection of Children and Adolescents" (LEPINA) and the "Special Law for the Regulation and Installation of Crèches for the Children of Workers" are repealed.

Among the outstanding points of the Growing Together Law, the following can be highlighted: the unification of normative bodies that were dispersed, as well as the search for the guarantee of the exercise and full enjoyment of the rights of all children and adolescents through the National Policy for Early Childhood, Childhood and Adolescence.
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Last June, the new Instructions for the Prevention, Detection and Control of Money Laundering, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction, issued by the Attorney General's Office (FGR), under the framework of the Anti-Money Laundering Law (LCLDA), came into force. In its Article 2, the LCLDA establishes that every person must submit information to the FGR that allows demonstrating the licit origin of any transaction he/she carries out. This leads us to conclude, then, that every person must prepare the manual and internal policies for the implementation of a money laundering prevention system, and the continuous development of these.

What is the difference between the new Instructions and the prevention systems elaborated before it came into force? Article 4 of the Instructions requires individuals to apply a risk-based approach, which consists of identifying, assessing and understanding the risks of their sector and operation, and applying resources aimed at ensuring that they are effectively mitigated. Therefore, it is necessary to update the manuals and policies that companies had developed in the past, so that they have a risk-based approach and comply with the new provisions.

From the manuals prepared, it is necessary to comply with other obligations, among them, to develop due diligence and KYC policies to identify the final beneficiary of the company's business relationships, to detect and mitigate all unusual or suspicious transactions and report them to the FGR (not only cash transactions), to train employees, to keep a historical record of the files analyzed, and above all, to appoint a compliance officer.

Why is it important to comply? Article 8 of the LCLDA establishes that, if there is any encumbrance due to negligence, impertinence or ignorance of the directors or employees of the companies, there will be a sanction of two to four years in jail.

Therefore, as a Firm we recommend:


We offer you our services, in order to comply with these legal obligations, so that your company has the peace of mind and support of a money laundering prevention system.

For more information about how this may affect your company, please contact our specialized team at bvaldez@bvaldezlaw.com  or  benjamin@bvaldezlaw.com