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Never the Same: Part 1 – Why Supply Chain Will Never Be the Same After the Russian Invasion

After the Russian invasion of Ukraine, the world of business will never be the same again. Deputy Attorney General (DAG) Lisa Monaco recently said that the world’s “geopolitical landscape is more challenging and complex than ever. The most prominent example is of course Russia’s invasion of Ukraine.” It is “nothing less than a fundamental challenge to international norms, sovereignty and the rule of law that underpins our society.” This is even more so in the current business climate.
Over this five-part series, I will consider how business will never again be the same and how a confluence of events has changed business forever. I am joined in this exploration by Brandon Daniels, Chief Executive Officer (CEO) of Exiger. We will explore the irrevocable changes in Supply Chain, trade and economic sanctions, anti-corruption, cyber-security and environmental, social and governance (ESG). In Part 1, we begin with changes in the supply chain as there may well be no area of businesses which has experienced the tectonic shifts that have occurred in the marketplace over the past couple of years than in Supply Chain.
Daniels identified three key reasons for these shifts. The first began with the realization of the untenable actions of the major player on the US supply chain, China. This realization had begun pre-pandemic, when it became clear of the massive theft of US intellectual property by Chinese businesses which led to a huge counterfeit goods problem coming out of China. Daniels estimated that “70% of the world’s counterfeit market is driven by China.” The second was the slave labor issue with China, particularly the Uyghurs. This extensive use of slave labor gave China an economic advantage which in many cases could not be overcome. It was economic warfare by another name.
All of this was exacerbated by the pandemic and we saw what it meant to have an economic and geopolitical adversary as one of your key suppliers during a true worldwide healthcare crisis. This confluence of events led to several key changes in thinking about supply chain. First, supply chain efficacy is not about weather events, it is not about logistics, it is not about just in time. There are much broader sets of issues for supply chain that had not come to the fore previously but came much more clearly into focus, such as geopolitical tensions. According to Daniels, “we realized that supply chain is multifaceted in terms of issues.”
Next came the recognition of the need for more and greater government oversight and regulation. The need to stamp out modern slavery led to the passage of the Uyghur Forced Labor Prevention Act. This law significantly expanded compliance requirements for companies to certify that goods made with forced labor in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China do not enter the United States. Interestingly, the law created the presumption that all goods produced in Xinjiang were produced using forced labor, with the burden of proof resting on companies to demonstrate that materials, parts, and goods originating in China were not mined, produced, or manufactured wholly or in part in Xinjiang. There was also a business and government realization that many of the key rare earth elements and minerals widely used in US manufacturing process came from China and now Russia.
Daniels put all of this into perspective when he said, “you had this big earthquake in the pandemic, but then you had all these fault lines that we didn’t realize that were on the edge of a precipice. We were in these really brittle places and just all fell apart with the Russian invasion of Ukraine. From rare earth elements like neodymium which is used in securing a F35 to electric car batteries, to metals and heavy metals used in standard manufacturing processes such as aluminum, iron and neon; supply chain disruptions were all acerbated by the Russian invasion of Ukraine on top of the ongoing disruptions from the pandemic and beyond.”
Finally, was a new element to the supply chain calculus, what Daniels termed “the ethical conundrum.” Russia has engaged in a brutal unjustified war that has disrupted the flow of goods and services from both Russia and Ukraine. Neon, a key element for processing chips, is heavily concentrated in Ukraine as are some of our largest outsourced engineering software companies. As the US and EU governments have responded with a series of harsher and more robust economic and trade sanctions the pressures on supply chain have increased. You must look at greater and more ongoing due diligence and greater sustainability.
These issues have moved beyond simply national security issues in the governmental and public sector. As DAG Monaco said, “Increasingly, you and your clients are on the front lines in responding to these geopolitical realities…our goal is not only to hold people accountable, but to disrupt these threats using all the tools available to us.” Private companies must understand they are now a part of what Daniels characterized as “continuous non-kinetic warfare.”
But in addition to this new type of warfare of which every business is now a part of going forward, it all ties back to US economic prosperity. While this was clear in the US adversarial relationship with China pre-pandemic; it accelerated during the pandemic and now after the Russian invasion of Ukraine. If you could not get a mask so that you could go to work during the pandemic, that health issue became an economic issue. If you were doing business with a Russian oligarch, the reputational damage to your top line will negatively impact your company, perhaps in a material manner.
Tomorrow we consider why economic and trade sanctions will never be the same.

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Sunday Book Review

June 19, 2022 – the Assassinations Attempt edition


In today’s edition of Sunday Book Review:

  • The Manchurian Candidate by Richard Condon
  • Day of the Jackal by Frederick Forsythe
  • Pursuit by James Stewart Thayer
  • Three Hours in Paris by Cara Black
  • Night Work by David C. Taylor

Resources
Missed Targets: Seven Attempted Assassination Thrillers by William Martin

Categories
Popcorn and Compliance

MCU Series – Avengers-End Game


In this podcast series, two complete MCU fans, Tom Fox, founder of the Compliance Podcast Network, and Megan Dougherty, co-founder of One Stone Creative, indulge in a passion for all things in the Marvel Cinematic Universe by re-watching each movie and then podcasting on every movie in the MCU. If you want to indulge in your love for the MCU with two fans passionate about all things MCU, this is the podcast series for you. For this offering, we consider MCU Series Avengers-End Game.
Some of the highlights include:
Ø  The story synopsis.
Ø  What are the key plot points?
Ø  What were some of our favorite cookies?
Ø  How does this movie fit into the overall MCU?
Ø  How is this movie a homage to prior non-MCU movies?
**Next up in our series Avengers-Wandavision**

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Daily Compliance News

June 18, 2022 the MD Dishes on Goldman Edition


In today’s edition of Daily Compliance News:

  • Vince McMahon steps down as head of WWE. (NYT)
  • The current Peruvian President is under investigation for corruption. (WaPo)
  • Former Goldman MD attacks firm in an upcoming book. (Bloomberg)
  • DOJ wants companies to self-report sanctions violations. (WSJ)
Categories
Corruption, Crime and Compliance

Episode 237 – The Tenaris SEC FCPA Settlement


The SEC announced another FCPA settlement in 2022. FCPA enforcement, in general, is picking up. Tenaris, a global supplier of steel pipes and related services for the energy industry, agreed to pay the SEC $78 million to resolve FCPA violations in Brazil. The US Department of Justice closed its investigation without bringing charges. In this episode, Michael Volkov reviews the SEC settlement.

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Greetings and Felicitations

Ulysses at 100-Lessons for the 21st Century Compliance Professional – Bloomsday and Storytelling


Matt Kelly once challenged me to write a blog post for Bloomsday. Well aware of my great love for Joyce’s magnum opus, I accepted the challenge. This year is the 100th anniversary of the publication of the book. To celebrate this event, James Joyce’s novel at 100 and the compliance profession, I have decided to do a 5-part podcast series on Ulysses. Over this podcast series, I will highlight some of the books and commentary and tie what Joyce, Dublin, Leopold Bloom and his wife Molly, together with his mentor Stephen Daedalus, can teach the modern compliance professional. I hope you will join me in the short celebration and trip through Dublin 1904 for the 100th anniversary of Bloomsday. In Part 5, Bloomsday and storytelling.
 Resources
The Teaching Compliance-James Joyce Ulysses, by James Heffernan
The Politicians Who Love Ulysses by Kevin Dettmar
“Ulysses” and the Moral Right to Pleasure by Dan Chiasson in the New Yorker
The Moral of Ulysses by Charles Cosby
Ethics and the Modernist Subject in James Joyce’s “Ulysses,” Virginia Woolf’s “The Waves,” and Djuna Barnes’s “Nightwood” by AnnKatrin Jonsson
The Ethical Reader in Ulysses by Stephen Gilbert

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Innovation in Compliance

Compliance Insights from Traliant: Episode 5 – Scott Schneider Spotlight on Anti-Corruption Training


Welcome to a special five-part podcast series on compliance insights, sponsored by Traliant. Over this series, we will discuss the key issues that Traliant is helping to lead and define the online training industry going forward. Over this five-part series, I will visit with  John Arendes, Chief Executive Officer (CEO) at the company, on what is new at New Traliant and what the Department of Justice (DOJ) has communicated to the compliance community regarding its expectations around online training and communications; Maggie Smith, Vice President of Human Resources at Traliant on the role of DEI in your corporate ESG program; and Scott Schneider, Head of Content Development at Traliant on your Code of Conduct and anti-corruption training. In this concluding Episode 5, I visit with Scott Schneider, VP of Innovation at Traliant, on the evolution of anti-bribery/anti-corruption training.

  • Why is bribery and corruption a tricky subject to train on?
  • When is training effective?
  • Assuming the movers are aligned, what makes bribery training effective?
  • The importance of practical advice.

Resources
Traliant Website
Scott Schneider on LinkedIn

Categories
Presidential Leadership Lessons for the Business Executive

Presidential Leadership Lessons from Woodrow Wilson, Part 2-the Presidential Years and Beyond


Richard Lummis and Tom Fox conclude a two-part series on leadership lessons from Woodrow Wilson. In this Part 2, we look at lessons from Wilson’s two terms as President, his illness and short post-Presidential life and early death. Highlights of this podcast include:
A.    New Freedom Agenda
1.     Tariff and Tax
2.     Federal Reserve
3.     Anti-Trust Legislation
4.     Labor and Agriculture
5.     Immigration (here we go again)
6.     Judicial Appointments
B.    Race relations and Wilson’s attempts at Segregation
C.     Foreign Policy-how did he “keep us out of war”

  1. Re-Election in 1916
  2. Move towards and declaration of War
  3. Miscalculation by Germany and Wilson Response
  4. 14 Points
  5. The Peace Conference
  6. Ratification debate and Incapacity
  7. Death
  8. Leadership lessons

Resources
Ten Ways to Judge a President
Woodrow Wilson Quotes
Woodrow Wilson-a Failure in Leadership
How Woodrow Wilson Lost the Peace
Woodrow Wilson-Life Before the Presidency
13 Leadership Lessons from WWI

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A Yank at Oxford

Getting Tough at Oxford


Tune in every quarter to learn how David Simon, a 53-year-old lawyer from the US, navigates the ancient world of Oxford University in pursuit of an MBA. David is a Partner at the white shoe law firm Foley and Lardner, who has dedicated his career to white collar compliance with a heavy international focus. “My practice touches a lot on some of the sanctions and international trade issues that typically come up on international matters,” he says. In A Yank in Oxford, David and host Tom Fox will talk about what inspired his decision to pursue an Executive MBA, and his hopes for where the journey may lead.
In this Episode 4, David discusses beginning his academic journey through his third quarter in the Oxford MBA program. Highlights include:
1.           You are now about 9 months into your EMBA program. How is it going?
 2.           Working with your classmates. Are you finding interesting collaboration opportunities?
 a.         working with a classmate on a proposal to the State Department for an anti-corruption project in sub-Saharan Africa;
b.         some nascent legal tech projects involving AI; and
c.         required Entrepreneurship Project.
3.          What substantive stuff what you been learning.
 a.      Global Rules of the Game.
b.     Strategy Class.
c.     Accounting.
d.     Technology and Operations Management.
4.           Fun stuff – matriculation 
The Ceremony was in the Divinity School, one of the oldest university buildings. Very formal – Latin incantations and subfusc? As Oxford as it gets.

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Daily Compliance News

June 17, 2022 the We Did Nothing Wrong Edition


In today’s edition of Daily Compliance News:

  • More comments on CCO certification. (WSJ)
  • Guilty plea in Danske Bank money-laundering. (US News and World Reports)
  • Swiss Prosecutor finds $60MM in Credit Suisse AML payment. (BNN Bloomberg)
  • Activision investigates itself and finds senior management did nothing wrong. (WSJ)