Day: May 12, 2020

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EMBARGOED!

EMBARGOED! Episode 7: China-stravaganza!

In this episode of EMBARGOED!, Brian and Tim do a full-on China deep dive. To kick things off, we are joined by the first ever guest in EMBARGOED! history, our friend and colleague Richard Mojica, to analyze the current state of the U.S.-China trade deal, the possibility of more tariffs, and general prospects for U.S.-China trade relations through the 2020 U.S. presidential election and beyond. Next, we break down the significant new rule changes from BIS that will impact U.S. exports to military end users and for military end uses in China (and debate what those terms actually mean). After that, we survey the foreign direct investment landscape by discussing U.S. government fears about an influx of adversarial capital from China in the wake of COVID-19 and what CFIUS is likely to do in response. Finally, we survey the latest dramas, big and small, affecting Huawei and recap some recent enforcement activity tied to DOJ’s China Initiative.

FIND OUT MORE:
Read more from Brian and Tim on the new BIS rules for military end users/uses: https://bit.ly/3bacpdg
Thanks to our guest Richard Mojica for joining us: https://www.millerchevalier.com/professional/richard-mojica

Like what you hear? Please subscribe! * Apple Podcasts * Spotify *  Amazon Music  * Google Podcasts * Stitcher
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O’Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don’t miss out!
Timestamps:
0:12 Introduction
The Rundown:
4:42 The Precarious State of the U.S.-China Trade Deal + Prospects for More Punitive Tariffs (with very special guest Richard Mojica, Member at Miller & Chevalier)
32:34 New BIS Rules for Military End Users/Uses in China
51:55 CFIUS and Beyond: Prospects for Chinese FDI
1:04:34 Latest on Huawei + Quick Enforcement Roundup (with focus on DOJ China Initiative)
1:32:46 Final Thoughts
***Stay sanctions free.***

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The Ethics Experts

Bonus Episode: COVID-19 Edition with Chris Winton


On this special bonus episode of The Ethics Experts, we speak with Chris Winton about perspective, the glass ceiling, and your career as a moving target, not a fixed one.

 Check out more episodes, and don’t forget to subscribe on your favorite podcast platform!

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The Ethics Experts

Episode 012–Deb Muller


On this episode of The Ethics Experts, we speak with Deb Muller about how to recruit and maintain good talent, why HR is the most “human” of departments, and how to be a successful CEO of many individuals.

 Check out more episodes, and don’t forget to subscribe on your favorite podcast platform!

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The Compliance Life

Ellen Hunt on Moving up the Corporate Ladder


The Compliance Life details the journey to and in the role of a Chief Compliance Officer. How does one come to sit in the CCO chair? What are some of the skills a CCO needs to success navigate the compliance waters in any company? What are some of the top challenges CCOs have faced and how did they meet them? These questions and many others will be explored in this new podcast series. This month, I visit with Ellen Hunt, Senior Vice President – Audit, Ethics & Compliance Officer. Ellen is a lawyer, ethics & compliance professional, and chief audit executive. She has extensive management experience in designing, implementing and operating ethics and compliance programs including board governance and reporting, designing ethics education, creating policy management frameworks, managing enterprise and compliance risk processes as well as handling investigations and regulatory inquiries. Utilizing AARP’s enterprise risk management profile, she re-designed how AARP conducts its annual audit planning process to identify audits that relate to the organization’s must significant risks and incorporated the use of data analytics into audit execution.
Ellen like many who are in compliance, came to it by (1) being drafted and (2) from the legal function. When she began, compliance was legalistic, rules-based; largely seen as an insurance policy in case there was a compliance failure. It has changed to a business process and every CCO needs to understand the business of their organization. We explore what skills you need to develop to grow in the compliance profession.

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31 Days to More Effective Compliance Programs

Policies and procedures


There are numerous reasons to put some serious work into your policies and procedures. They are certainly a first line of defense when the government comes knocking. The 2012 FCPA Guidance made clear that “Whether a company has policies and procedures that outline responsibilities for compliance within the company, detail proper internal controls, auditing practices, and documentation policies, and set forth disciplinary procedures will also be considered by DOJ and SEC.” And by using the word “considered” it is clear that this means the regulators will take a strong view against a company that does not have well thought out and articulated policies and procedures; all of which are systematically reviewed and updated. Moreover, having policies written out and signed by employees provides what some consider the most vital layer of communication and acts as an internal control. Together with a signed acknowledgement, these documents can serve as evidentiary support if a future issue arises. In other words, the “Document, Document, and Document” mantra applies just as strongly to this area of anti-corruption compliance.
The specific written policies and procedures required for a best practices compliance program are well known and long established. The 2012 FCPA Guidance stated, “Among the risks that a company may need to address include the nature and extent of transactions with foreign governments, including payments to foreign officials; use of third parties; gifts, travel, and entertainment expenses; charitable and political donations; and facilitating and expediting payments.” Policies help form the basis of expectation and conduct in your company. Procedures are the documents that implement these standards of conduct.
Three key takeaways:

  1. The Code of Conduct, together with written compliance policies and procedures form the backbone of your compliance program.
  2. The DOJ and SEC expect a well-thought out and articulated set of compliance policies and procedures.
  3. The Fair Process Doctrineholds for the application of policies and procedures.
Categories
Compliance and Coronavirus

Megan Dougherty on Why You Should be Pod-Curious During Covid-19

Welcome to the newest addition to the Compliance Podcast Network, Compliance and Coronavirus. As the Voice of Compliance, I wanted to start a podcast which will help to bring both clarity and sanity to the compliance practitioner and compliance profession during this worldwide health and healthcare crisis. In this episode, I am joined by Megan Dougherty, co-founder of One Stone Creative. She posed the question “Are you Pod-curios?” so I asked her to come on the show and explain how and why people are turning to podcasts during the coronavirus health crisis.

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Jamming with Jason

Limitless Learning


In this Jamming with Jason internal audit podcast episode I dig into improving your learning so you can unlock your limitless potential. It’s a bit of a potpourri episode, one where we literally talk about potpourri, but a few other topics besides learning 🙂
You don’t just need training, you need to LEARN … and they are two different things. You can take a training and not learn anything, and you can learn without going to training. To learn you need a combination of knowledge, skills, abilities, and experience. Training only helps you with the first two.
One of the best ways to improve your abilities and get experience is through community with others. Without this aspect of learning you really don’t integrate and “learn” the information fully.
Come join me in some communities where I hang out so we can interact directly. Podcasts, while they are fabulous are a one-way communication. When we connect in community the conversation can go both ways.
For a community of like minded internal auditors on a full learning platform check out the cRisk Academy Facebook Group: https://www.facebook.com/groups/criskacademy/
For a community of like minded Chief Audit Executives, check out the CAE Forum: https://jasonmefford.mykajabi.com/caeforum
For a community of like minded CIA candidates, check out the CIA Discussion Group: https://www.linkedin.com/groups/13732881/
Here’s the book I reference in this episode, that is a must-read for anyone who is serious about life-long learning.
“Limitless: Upgrade Your Brain, Learn Anything Faster, and Unlock Your Exceptional Life” by Jim Kwik: https://www.amazon.com/Limitless-Upgrade-Anything-Faster-Exceptional-ebook/dp/B082ZQDH63/

Categories
Innovation in Compliance

Playing The Long Game with Leigh Vickery


Leigh Vickery of Level 2 Legal, joins Tom Fox on this week’s show to discuss her company’s innovative managed services for the legal and compliance industry. She shares how they help clients get to the next level using a strategic combination of data and behavioral economics.

Helping People Solve Problems
Leigh shares her eclectic career background and how she came to the legal industry without any legal training. “I love helping people solve problems and… seeing the big picture and the patterns and processes across the business or industry,” she says. Level 2 Legal shares her vision: they see themselves as problem solvers whom their clients can count on. “How that manifests itself now is in e-discovery, compliance investigations, solving legal problems, or helping our clients understand how those legal issues affect their business outcomes.”
Long Term Relationship-Builders
Success depends on staying nimble, Leigh tells Tom. “We’re very much long term relationship-builders as a company,” she points out. As things change, Level 2 Legal is able to innovate to stay relevant. This is how they built the company from the first. Leigh comments that it took commitment, money, collaboration, and a willingness to fail fast and change direction. Her job is to drive those initiatives and keep the company looking around the corner. 
A Different Perspective
Tom is intrigued by Leigh’s statement that she brings a new perspective to problem-solving as well as innovation. He comments that a general counsel’s job is to protect the company from legal violations, whereas a compliance officer must remediate those violations. Ironically, however, most compliance officers were first general counsels. He says that his objective with this podcast is to bring innovative solutions to compliance officers to help them in their role. Leigh responds that every company should have someone who thinks differently to help the business innovate and improve.
A Different Approach
“Our services are completely designed to enable [our clients] to do what they need to do better, to help them predict where they’re going to have a problem…” Leigh says. She describes her company’s role as being there to help their clients look good. She explains that they’re able to fulfill their role through a strategic combination of data and behavioral economics. Their approach is collaborative, holistic and creative, she says; they are playing the long game. Tom asks her to define what it means to play the long game. She responds that it’s about thinking for the next generation. Because her company used this approach, they were able to survive and thrive through the present crisis. “The value of thinking long term is just table stakes now to be able to survive and thrive,” she comments.
Resources
Level2Legal.com 
Call Leigh Vickery at (903)245-9183

Categories
Daily Compliance News

May 12, 2020-the Baseball Will Be Back edition


In today’s edition of Daily Compliance News:

  • Don’t sell to Cuba? (WSJ)
  • Tesla says it will reopen illegally. (NYT)
  • Is your company adaptable? (FT)
  • Baseball to start in July? (ESPN)