Categories
Daily Compliance News

December 18, 2019, the Big Brother is Watching edition

In today’s edition of Daily Compliance News:

  • Will UN adopt a united front against corruption? (UN News)
  • Credit Suisse is watching you. Or is it? (FT)
  • SFO charges Serco exec with fraud. (WSJ)
  • Doing business in or with Russia? It’s tricky. (NYT)
Categories
Popcorn and Compliance

Return of the Jedi and Effective Training

Welcome to the Day 3 of the five-day podcast series Jay Rosen and I are producing in honor of the latest Star Wars movie The Rise of Skywalker Each day over this week, Jay and I will review a Star Wars movie and discuss it from the compliance perspective. Today, we consider Episode VI, Return of the Jedi and effective training.
In this final movie from the original three, the good guys win in the end after overcoming incredible odds. Many fans and critics panned it for including the incredibly cute and furry Ewoks on the moon named Endor as a part of the storyline. Many thought one very tall Wookie was enough cuteness for the series. This movie’s big reveal was that Luke and Princess Leia were twins and that she was now free to unabashedly pursue bad boy Han Solo. While Episode VI was the lowest grossing film of the original three, coming in at only $572MM worldwide, it was still a great ride and visually stunning. George Lucas’ in-house organ, Industrial Light & Magic (ILM), certainly earned their title for their special effects in the movie. The Sarlacc battle sequence was great, the speeder bike chase on the Endor moon was way cool and the space battle between Rebel and Imperial pilots was a great ride.
I have adapted an approach from Joel Smith on his Inhouse Owl website to help determine compliance training effectiveness.
1.What you want to measure. Before you ever train an employee, you should have a goal in mind. What actions do you want employees to take? What risks do you want them to avoid? In compliance, you want them to avoid non-ethical and non-compliant actions that would lead to compliance violations. The goal is to train employees to follow your Code of Conduct and your compliance program policies and procedures so you avoid liability related to actions.
2. What is employee engagement? The next step is to get a sense of whether employees feel that the training you provided is relevant and targeted to their job. If it’s not targeted, employees will likely not be committed to changing risky behavior. You can get data on employee engagement through a quick post-training survey, which will help you isolate and qualify the training benefit.
3. Did employees actually learn anything? A critical part of any employee training is the assessment. If you want to understand the “benefit” of training employees, you must know whether they actually learned anything during training. You can collect this data in a number of ways, but for compliance training, the best way is to measure pre-and post-training understanding over time. Basically, each time you train an employee, measure comprehension both before and after training.
4. Are employees applying your training? You need to conduct a survey to determine employee application and their implementation of the training topics. To do so, you must conduct employee surveys to understand whether they ceased engaging in certain risky behaviors or better yet understand how to conduct themselves in certain risky situations. These surveys can provide a good sense of whether the training has been effective. 
Join us tomorrow where we consider The Force Awakens and disruptive innovation in compliance.

Categories
Compliance Into the Weeds

New DOJ Cooperation Guidance on Trade Sanctions and Export Controls

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly and I go into the weeds about the new DOJ, National Security Division’s Export Controls and Sanctions Enforcement Policy for Business Organizations.
Some of the highlights include:

  • Why is there no declination available?
  • What aggravating factors are different between this policy and the FCPA policy?
  • What is an effective compliance program under this Policy and the OFAC Compliance Framework?
  • Who do you self-disclose to first if you uncover a trade sanctions violation?
  • Is this policy coordinated with other cooperation agreements?
  • What are the lessons learned for a corporate compliance program?
  • What does all this mean for compliance professionals going forward?

Resources
Matt’s blog post Cooperation for Sanctions Violations in Radical Compliance.