Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance brings to you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the Daily Compliance News. All, from the Compliance Podcast Network. Each day we consider four stories from the business world, compliance, ethics, risk management, leadership, or general interest for the compliance professional.
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The award-winning, Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore a subject. Looking for some hard-hitting insights on sanctions compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt consider the PCAOB proposal for fraud and compliance audits.
In this episode, we dive into the heated debate surrounding the proposed rule on auditors and fraud risk audits in this episode of Compliance into the Weeds. Compliance professionals and the audit community have contrasting perspectives on the PCAOB proposal to require audit firms to look more aggressively for compliance and legal violations at their client companies and then report any such violations more promptly to the company’s board of directors.
Discover the stipulations compliance professionals want to include, such as meeting with the chief ethics and compliance officer and reviewing the state of the compliance program. On the other hand, hear why the audit community, represented by the PCAOB, opposes the rule, arguing that auditors lack the necessary expertise and that fees would skyrocket without significant benefits. Gain insights into the complexities and challenges of asking auditors to take on compliance responsibilities. Tune in to understand the potential implications of the proposed rule on audit firms, compliance professionals, and investors.
Key Highlights
· The PCAOB proposal implications for auditors, with a focus on effects on fraud risk audits.
· The difference in how compliance professionals and auditors perceive the impending rule.
· The practical difficulties auditors face when tasked with compliance roles.
· What are the potential cost and liability hikes for auditors, heralded by the enforcement of the rule?
· The uncertainties enveloping the approval and implementation process for the proposed rule.
Resources
Matt
Blog Post in Radical Compliance
Tom
In these podcast episodes, Tom Fox discusses the importance of incorporating incentives and support systems into a company’s compliance program. He presents six core principles for effective compliance incentives, emphasizing the need for simplicity, visibility, and institutional mechanisms to ensure their longevity. Fox also highlights the role of human resources in implementing compliance programs and the positive impact it can have on organizations. By understanding and implementing these principles, companies can create a culture of compliance, reduce the risk of unethical behavior, and enhance their credibility.
I have developed six core principles for incentives, adapted from a MIT Sloan Management Review article, entitled “Combining Purpose with Profits”, and formulated them for the compliance function in an anti-corruption compliance program.
1. Compliance incentives don’t have to be elaborate or novel.
2. Compliance incentives need supporting systems if they are to stick.
3. Support systems are needed to reinforce compliance incentives.
4. Compliance incentives need a “counterweight” to endure.
5. Compliance incentive alignment works in an oblique, not linear, way.
6. Compliance incentive initiatives can be implemented at all levels.
Obviously, this list is not exhaustive. Yet it is now more important than ever that you demonstrate tangible incentives for your employees to gain benefits, both financial and hierarchical, through doing business ethically, in compliance with your own Code of Conduct and most certainly in compliance with relevant anti-bribery laws. It is also a requirement that such actions be documented so they can be demonstrated to the regulators, if they come knocking.
Three key takeaways:
- Compliance incentives do not have to be elaborate or novel.
- You must create support systems for your compliance incentives.
- Compliance incentives should be implemented at all levels.
Are you struggling to keep up with the ever-changing compliance programs in your business? Look no further than the award-winning Data Driven Compliance podcast, hosted by Tom Fox, which is a podcast featuring an in-depth conversation around the uses of data and data analytics in compliance programs. Data Driven Compliance is back with another exciting episode The intersection of law, compliance, and data is becoming increasingly important in the world of cross-border transactions and mergers and acquisitions.
Data analytics is a powerful tool for uncovering trends and detecting fraud – and it’s essential for compliance and internal audit roles. In this podcast episode, experts discuss how to use analytics to its fullest potential. From conducting a formal risk assessment to creating a control inventory list, to looking at suspicious payment activities, the journey of compliance monitoring is broken down and explained. Predictive analytics and artificial intelligence are also discussed as potential future developments that can be utilized. This podcast provides an insightful look into the importance of data analytics and how it can help make informed decisions.
Key Highlights
· Data Analytics Usage
· Compliance Monitoring Journey
· Detecting Fraud
· Data Analytics
· Free Resources
Resources:
Anselmo Guevara on LinkedIn
Tom Fox
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In this episode, Tom welcomes back Travis Howerton and they explore the importance of NIST 800-53 Rev. 5, the latest version of the National Institute of Standards and Technology’s security guidance for organizations. With new controls to address privacy and a heightened focus on supply chain and third-party risk, this version of the NIST standard is essential for organizations to access government contracts and revenue and is increasingly important to protect organizations from cyberattacks. Automation is also becoming increasingly necessary to help organizations meet these standards, highlighting the need for continuous improvement of security measures. This episode goes in-depth on NIST 853 Rev Five, making it a must-listen for organizations looking to stay secure and compliant.
The US government is increasingly turning to automation and AI to meet its security and compliance standards. With the transition of FedRAMP from guidance to law, companies are now required to use it and meet certain cybersecurity standards to do business with the US government. NIST 800-53 Rev. 5 addresses regulatory change around privacy with GDPR and other things and includes new control families and changes to existing ones.
As the government continues to revise its standards, the need for automation is becoming increasingly important. The National Institute of Standards and Technology (NIST), a standards body within the federal government, is working with the Open Security Controls Assessment language (OSCAL) team to develop standards. NIST has interacted closely with the OSCAL team, creating an open-source repo on GitHub and building communities of interest. Additionally, NIST works with other government agencies, tool providers, and industry to develop standards.
FedRAMP provides clarity of goal for vendors and customers but is expensive and time consuming to achieve. Cybersecurity is no longer a cost center, but a requirement to do business with the US government. The Department of Defense requires companies to meet certain cybersecurity standards to do business with them. Other agencies are taking similar stances in regard to cybersecurity. Companies are now required to have a compliance program to do business with them. Cybersecurity is now seen as one of the top risks to businesses, causing legal risk, revenue loss, and embarrassment.
Key Highlights
· NIST 800-53 Rev. Five
· NIST and FedRAMP
· Cybersecurity Requirements
· Cybersecurity Regulations
· Continuous Improvement of Standards
Resources
Travis Howerton on LinkedIn
Tom Fox
Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance brings to you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the Daily Compliance News. All, from the Compliance Podcast Network. Each day we consider four stories from the business world, compliance, ethics, risk management, leadership, or general interest for the compliance professional.
· Largest Altice shareholder ‘shocked’ about corruption allegations. (Broadband)
· Zoom order employees back to the office. (NYT)
· Former CISA head blasts new SEC disclosure rules. (FT)
· Siemens under ABC investigation in Austria. (Reuters)
Welcome to the Sunday Book Review, the Authors Podcast! Don’t miss out on this episode of SBR-Author’s Podcast, where Tom Fox sits down with noted Hollywood producer Larry Kasanoff to discuss his upcoming book, A Touch of The Madness.
This podcast episode explores the essential creative and business concepts for anyone in the film producing business. From learning how to persuade someone to say yes and cultivate your creative empowerment, to understanding the need for risk-taking in movies and the potential of 3D movie making and globalizing animation, this episode provides insightful tips and knowledge to help filmmakers create impactful stories. By discussing these topics, the podcast episode explores the ways the creative world can use new and innovative technology to collaborate globally and create powerful stories.
Key Highlights Include
· Producing Movies
· Getting to Yes
· Creative Empowerment
· Strategic Risk Taking
· A Touch of Madness
Resources
Tom Fox
Compliance professionals understand the importance of fully operationalizing compliance and embedding it into the fabric of a business. How can your Human Resources (HR) function help to both create and maintain an ethical culture at your organization? It turns out in a variety of ways. Obviously significance of incentives in driving ethical behavior cannot be forsaken but there are other areas to consider such as the impact of cross-cultural differences on ethical behavior. HR can play a role in the importance of creating a speak-up culture where employees feel comfortable reporting ethical concerns without fear of retaliation.
In a world where ethics are paramount, HR professionals hold the key to creating an ethical culture within organizations. But what happens when change is pushed too quickly, compensation drives behavior, and cross-cultural differences come into play? Discover the challenges and secrets to success in this thrilling journey of HR’s quest for an ethical culture…
In the pursuit of understanding the vital role of HR in establishing an ethical culture, I stumbled upon an unexpected revelation that shook the very foundation of my beliefs. It was a twist that challenged my assumptions and left me with a burning question: Can change truly be achieved without sacrificing ethical values? As I ventured deeper into this journey, I uncovered unsettling truths about the underlying ethos of corporations and the detrimental impact of short-term targets. But what I discovered next was even more astonishing, a revelation that would forever alter my perspective on the role of HR in creating an ethical culture…
If you are feeling frustrated and overwhelmed because your efforts to create an ethical culture are being undermined by inconsistent enforcement and lack of accountability, then you are not alone! Despite implementing compliance programs and promoting ethical values, you may find that employees still engage in unethical behavior due to a lack of consequences or clear guidelines. This can lead to a sense of disillusionment and hinder the progress towards an ethical work environment.
HR significantly contributes to embedding ethical behavior within the organizational culture. By creating a conducive environment that promotes honesty and integrity, HR can foster a culture that this significantly resistant to unethical practices. It’s primarily up to HR to ensure that employees feel comfortable voicing concerns without fear of retaliation, helping to enhance the ethical culture within organizations.
The path to cultivating an ethical culture is often met with significant roadblocks such as too much rapid change, reward-driven behaviors, and cross-cultural conflicts. These elements can create an environment where unethical behavior thrives, impacting organizational growth and success. For a moral culture to strive, these challenges should be identified and effectively addressed, paving the way for a workplace that values ethical conduct.
Understanding the underlying organizational dynamics is crucial in establishing and maintaining an ethical culture. It’s not enough just to have a written code of conduct; the actual behaviors within the organization need to be assessed and aligned with these ethical guidelines. HR plays a crucial role in comprehending these dynamics, ensuring that metrics used to reward employees promote ethical conduct rather than encouraging unethical short-term success.
Have you ever heard these myths about the role of HR in creating an ethical culture? First myth: HR is solely responsible for ethical behavior. Second myth: Creating an ethical culture is too time-consuming and costly. Third myth: HR can’t effectively enforce ethical standards. But what if I told you that these myths are far from the truth? Some key points are:
- How HR can be the key instigator in shaping an ethically driven business culture.
- Recognizing the potential roadblocks that could obstruct the path to ethical behavior in organizations and how to overcome them.
- Appreciate the crucial interplay between organizational dynamics and ethics.
- Perceive the nuanced impact of incentives on ethics and how it can steer the moral compass in corporate environments.
- Master the art of endorsing.
My journey into understanding the vital role of human resources in establishing an ethical culture within an organization started with a deep dive into the role of HR and how those roles could that shed light on a fundamental dilemma for compliance. This dilemma was not about right and wrong, but about navigating clashing interests, misaligned incentives, and conflicting cultures. I learned that pushing too much change from the top, too quickly and too frequently can warp a company’s ethical climate. This realization led me to critically analyze the compensation plans in various organizations. The stark reality that people do what they are rewarded to do underlyes ethos of many corporations. This means that short-term targets often overshadowed long-term success, leading to a detrimental impact on the ethical culture. As I delved deeper into the concept of ethical culture, I realized that the essence of this term is far more profound and complex than it seems on the surface. This is not just about formal corporate governance documents or written codes of conduct. It is about understanding and adopting your organization’s underlying culture. It is also about self-awareness, organizational awareness, and the courage to speak up. One problem is that too many leaders tended to seek advice from their like-minded peers rather than embracing diverse opinions. This convinced me about the importance of fostering a speak up culture, and most crucially, a culture devoid of retaliation. This exploration underscored the pivotal role of HR in championing ethical norms, thereby establishing a robust and effective compliance program.
Categories
Incentivizing Compliance
In today’s business landscape, fostering a culture of ethics and compliance is more crucial than ever. It not only ensures legal adherence but also promotes trust, integrity, and long-term success. One powerful tool in achieving this cultural shift is the strategic use of incentives. In this blog post, we will explore the significance of incentivizing ethical behavior within organizations, the role of human resources (HR) in designing effective incentive structures, and how data-driven insights can drive a culture of compliance and integrity.
The Department of Justice’s 2023 ECCP underscored the importance of incentives and rewards in promoting ethical conduct. It asks companies to consider the implications of their incentives and rewards on compliance and ethical behavior. Furthermore, it encourages organizations to provide specific examples of actions taken, such as promotions or awards denied, due to compliance and ethical considerations. This guidance highlights the significance of incentives in driving a culture of ethics and compliance.
When it comes to incentivizing ethics and compliance, the first thought that often comes to mind is financial rewards. While these can indeed send a strong message about the importance of compliance, it’s important to recognize that incentives go beyond monetary compensation alone. In fact, non-financial incentives can be equally effective in driving ethical behavior.
One powerful non-financial incentive is public recognition of ethical behavior. Acknowledging employees who consistently exhibit integrity and compliance can be a powerful motivator for others to follow suit. Whether it’s a simple pat on the back, an ethical award, or a t-shirt identifying an employee as engaging in ethical behavior, these gestures can go a long way in reinforcing the importance of doing business the right way.
To truly embed a culture of ethics and compliance within an organization, incentives should be integrated into the hiring and promotion process. HR plays a pivotal role in this aspect, ensuring that compliance evaluations and rewards are part of an employee’s discretionary bonus. By making compliance performance a key factor in promotion decisions, companies can send a clear message that ethical behavior is valued and rewarded.
Human resources professionals are experienced in implementing incentives and can effectively measure and incentivize behavior. By leveraging data-driven insights, HR can identify key metrics to evaluate compliance performance and align incentives accordingly. This approach ensures that the right type of behavior is driven throughout the organization, reinforcing a culture of compliance and integrity.
From these general guidelines, I have developed six key principles for developing and delivering incentives into your compliance regime.
The Power of Supporting Systems. Compliance incentives alone may not be sufficient to drive desired behavior. To make these incentives stick, it’s crucial to establish a compliance support system that operationalizes pro-compliance incentives at different levels within the organization. These systems reinforce the importance of compliance and make it visible to employees, ensuring consistent commitment throughout the company.
Incentives Must Be for All. Compliance incentives to be implemented at all levels of the company, from senior management to lower-level employees. It’s essential to recognize that compliance professionals and internal audit staff play a vital role in promoting compliance within the organization. By acknowledging their efforts and providing tangible incentives, companies can highlight the significance of compliance and make it an integral part of the company’s DNA.
Global Consistency. In addition to fairness in your incentive program, compliance incentives should be consistent for employees both within and outside of the United States. Global enforcement of the compliance program not only ensures fairness but also enhances the credibility of the incentive system. By treating all employees equally, regardless of their location, companies foster a culture of compliance and ethical business practices.
Designed to Endure. Creating your incentive program to endure is crucial to ensure the longevity of compliance incentives, especially during financial downturns. A counterweight acts as an institutional mechanism that enforces a continued focus on nonfinancial goals, such as compliance. It prevents compliance incentives from being discarded when other goals take precedence. By incorporating a counterweight into the incentive system, companies can maintain their commitment to ethical practices, even in challenging times.
Compliance Incentives Alignment. You must align your compliance incentives to work in an oblique manner, rather than following a linear approach. This means integrating compliance goals into employees’ daily tasks and responsibilities, making it a natural part of their work. By consistently emphasizing compliance as part of the company’s DNA, organizations can foster a culture where ethical practices are valued and rewarded.
Support Systems. Support systems are critically important for the success of compliance incentives. These systems should be in place even during downturns or cutbacks to support compliance and ethical business practices. They should reinforce the importance of compliance and provide employees with tangible incentives to engage in ethical behavior. By documenting compliance actions, companies can also demonstrate their commitment to regulators if necessary.
Incentivizing ethics and compliance is not just a tick-the-box exercise; it is a powerful tool for driving cultural change within organizations. By integrating incentives into the hiring and promotion process, HR professionals can reinforce the importance of ethical behavior. Data-driven insights enable organizations to measure and incentivize compliance effectively. Whether through financial rewards or non-monetary gestures, incentives play a vital role in promoting a culture of ethics and compliance. Let’s embrace the power of incentives and work towards building organizations that prioritize integrity, compliance, and long-term success.
Always remember, compliance incentives do not have to be elaborate or novel; they need to be consistent and aligned with the company’s values. By implementing enduring compliance incentives and creating a counterweight, you can ensure that ethical behavior remains a priority, even in challenging times. Build a culture of compliance and reap the benefits of an ethically driven organization.
Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom welcomes Ragini Bhalla, head of content and PR for Creditsafe, focusing on the North American region, and Steve Carpenter, Country Manager for Creditsafe in Canada. Their discussion centers around a new Canadian law designed to combat human trafficking forced labor, and child labor within supply chains. Throughout the conversation, they shed light on the practices of various multinational corporations, emphasizing the need for cohesive anti-slavery reporting and measures across different jurisdictions. It becomes evident that addressing these critical issues requires collaboration and comprehensive efforts from all parties involved.
A key to compliance with ethical sourcing and compliance with this new Canadian law is through a company’s Supply Chain. Companies must ensure their supply chains are free from forced labor and child labor, and Credit Safe provides services to help. The Canadian Forced Labor Law and the UK’s Modern Slavery Act are steps toward making companies accountable for their actions, but governments must also work with countries like India, Bangladesh, and China to create real change. Non-compliance can lead to fines, customer trust loss, and potential stock dips, and due diligence checks and audits are necessary for companies to protect the integrity of their supply chains. Ethical sourcing is a complex issue requiring collaboration between governments, companies, and experts.
Creditsafe is in a unique position to assist companies comply with laws making illegal human trafficking, forced labor, and child labor. In this podcast, you will learn how to investigate your suppliers in a way that enhances your business operations. Once again, this demonstrates that effective compliance leads to more effective business processes, leading to greater profitability.
Key Highlights
· Fighting Forced Labor
· ESG Supply Chain Auditing
· Canadian Compliance Law
· Reputational Risk of Non-Compliance
· Ethical Sourcing
Resources
Ragini Bhalla on LinkedIn
Steve Carpenter on LinkedIn
Tom Fox