In this episode, the Kitchen looks at EU issues Forced Labor Due Diligence Guidance for supply chains and the Kitchen takes a closer look at this latest advisory in the area of modern slavery detection and prevention.
Day: July 26, 2021
Gwen Hassan has been championing the fight against human trafficking for quite some time. The heartwrenching story of a young girl in SouthEast Asia brought the issue to her attention, but realizing that human trafficking is also a local issue spurred her to take action. “And since that time,” Tom Fox commends her, “you have been one of the leaders to talk about this issue in the context of either supply chain and overall corporate approach or compliance programs.” In this week’s show, Tom and Gwen discuss why fighting human trafficking is a compliance issue, and where it fits in ESG.
Part of Compliance
Human trafficking takes place everywhere, including in the US. Gwen tells Tom that there’s already an existing infrastructure with regard to third-party diligence, which could be used to fight human trafficking as well. She remarks, “…Why not start using that same set of controls and processes and power to make sure they’re doing their part to root out trafficking from their supply chain as well?” Her belief is that stamping out human trafficking should be part of every corporate compliance program. “The synergy with corporate compliance really came to the forefront with the UK Modern Slavery Act,” she points out.
Why US Companies Should Care
Why should fighting human trafficking be an issue for companies who don’t trade internationally, Tom asks Gwen. “One of the biggest, kind of, eye-openers for me was learning about the extent of trafficking that’s right here in the US,” she responds. Even if your company does not do business overseas, you could still be contracting with businesses that engage in or support human trafficking. It’s imperative that you do your due diligence about third parties and even their subcontractors.
S or G?
Tom sees fighting human trafficking falling under the S in ESG. Gwen agrees that it does relate to social justice issues in a broad sense. In her opinion, it also is a G: companies should practice good governance, which includes robust third-party diligence. “The process side and the diligence aspects of a sustainable ethics and compliance program, fit very nicely with human trafficking… [and] the reasoning behind why you want to have a good program for human trafficking prevention relates back to social justice and the fair treatment of everyone who’s in your organization,” she remarks. Most business leaders immediately understand the reputational risk human trafficking poses to their companies. “Once you educate people as to the extent of the problem – the fact that it impacts everyone – it really makes a difference in their openness and their willingness to then invest,” she tells Tom. Government actions are helping the fight: once leaders know that there could be enforcement actions against them, they’re more willing to listen.
Resources
Gwen Hassan on LinkedIn | Email
In this Episode of the FCPA Compliance Report, I visit with three lawyers from Miller & Chevalier to discuss the Summer 2021 Edition. I am joined by Lauren Briggerman, Katherine Pappas and Ian Herbert. We take a deep dive into key areas of white collar enforcement and issues that every compliance, legal and business executive should be aware of going forward into the second half of 2021. Some of the highlights include:
Lauren Briggerman
- What are some of the significant developments in cartel investigations and prosecutions involving senior execs?
- What have you seen around wage-fixing and price fixing?
- Yet more prosecutions in the poultry industry. Why have we seen so many over the past few years?
- Anything new on the extradition front?
- We saw additional charges and a settlement regarding auto emissions testing fraud. Where do you see this issue internationally?
Katherine Pappas
- What has been the impact of the pandemic on white collar prosecutions?
- Where are we on government efforts to combat PPP and PPE fraud?
- Anything happening on the FCPA front with individuals?
- Do you expect to see a pickup on the corp FCPA front in the remainder of 2021?
- What does the Biden administration’s memorandum on corruption as a national security issue mean for corporations and executives?
Ian Herbert
- What did we see regarding individual prosecutions on the AML front?
- What about prosecutions for failures to set up AML compliance programs?
- What’s happening in crypto?
- Significant sentencings.
Resources
Miller & Chevalier
Lauren Briggerman
Katherine Pappas
Ian Herbert
Executive at Risk Newsletter, Summer 2021
In today’s edition of Daily Compliance News:
- Credit Suisse reaches settlement with former CEO. (WSJ)
- FTC asks for extension. (NYT)
- Hosting Olympics a very bad deal. (NYT)
- FinCEN whistleblower headed to jail. (Richmond Times)