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Innovation in Compliance: Compliance Brand

This week, we are exploring the topic of Innovation in Compliance by considering some of the newest business strategies which can be applied by the compliance profession to corporate compliance programs. My inspiration comes from MIT Sloan Management Review Winter Edition. Today, I want to explore why Chief Compliance Officers (CCOs) and corporate compliance need to move beyond simple trust to engage their stakeholders more fully.
In Moving Beyond Trust: Making Customers Trust, Love, and Respect a Brand, authors Andreas B. Eisingerich, Deborah J. MacInnis, and Martin Fleischmann posit that the most admired brands find innovative ways to enable, entice, and enrich customers. The concepts that the authors put forward should resonate with every CCO and compliance professional. Always remember that as a compliance professional, your customers are your stakeholders, employees, senior management and third parties. If you can go beyond trust to build a brand with them, not simply will your relationship be stronger, but you will finally move to becoming part of the team to get things done.
Brand Admiration
I am still persuaded by David Baldacci and James Patterson who both said in writing masterclasses that your brand is your word. If that is your goal as a compliance professional, its achievement can pay big dividends with your Business Development (BD) folks. As the authors put it, “Positive emotions like gratification from brand usage and pride from brand ownership generate a tight link between the brand and customers. Brand trust, love, and respect don’t just give meaning to customers’ lives; they also create a safe haven where things seem right with the world, especially in turbulent times.” As a compliance professional you might not be able to achieve that, but you can come very close, especially if you are seen as the keeper of institutional justice and institutional fairness at your organization.
Brand Benefits
Customers look at what benefits brands will bring to them, as in ‘What’s in it for me?’ That is almost antithetical to how compliance professionals view a corporate compliance program. A shift in thinking is therefore in order. Indeed, the authors write, “Benefits refers not to what features the product offers or has but rather how it helps customers meet their needs, wants, and goals. As Harvard Business School professor Theodore Levitt famously quipped, customers don’t want a quarter-inch drill; they want a quarter-inch hole. Whereas product features can help realize benefits, the benefits themselves lead customers to the marketplace.” If a compliance function shifts its thinking to this model, it may well portend a different view when compliance comes knocking.
Moreover, what customers want from products and services is similar to what employees want from compliance. “They want benefits that enable, entice, and enrich them. We call these benefit types the 3 E’s.1 Many brands do a good job of offering one type of benefit (usually enabling benefits), but brands that truly resonate with customers stand out by providing all three types. Indeed, our work shows that when combined, the 3 E’s have an exponential effect on enhancing customers’ quality of life and hence the brand’s value to customers.”
Brands Solving Problems
The real key to having compliance seen as a benefit is to help business representatives solve problems “in ways that are economically feasible, reliable, efficient, and convenient.” When a corporate compliance function genuinely enables stakeholders to do business, it removes all negative connotations associated with the compliance department as “The Land of No, headed by Dr. No”. Such states “like frustration, anxiety, fear, impatience, and anger; which inhibit admiration and loyalty” can be overcome and a corporate compliance function can move to “instead foster peace of mind and satisfaction.” How can a compliance function do so?
One manner is through resolving problems. Brands can provide enabling benefits by enabling employees “to solve their problems — both small and large — at work or … in their business relationships.” This in turns gives employee and other stakeholders a greater “sense of agency in solving their problems, they experience a greater sense of control over their environments. This in turn leads to a sense of relief and security from future threats.”
Another manner which might seem less obvious to compliance professionals is through the conservation of resources. Benefits from compliance can also enable employees and other stakeholders differently, “by helping them conserve scarce time and monetary, psychological, and physical resources,” a successful compliance brand helps employees to be less mentally taxed, less tired, and less anxious. As the authors state, “When a brand consistently enables customers over time, they begin to trust the brand. They know that they can rely on it to solve their functional problems and conserve their scarce resources.”
This means that if your compliance function can help make your organization operate more efficiently, it can be a benefit separate and apart from increasing sales. Here the use of data and data analytics can help to lead the way. As the Department of Justice (DOJ) mandated,   compliance must have access to all data across an organization. The data and analysis can be used to make other processes, for example in QuoteToCash (QTC) on the sales side or ProcureToPay (P2P) on the supply side, more efficient, saving not simply physical resources but also the resource of time.
When you think about solving problems with creating more efficiencies and saving employees time, thereby benefiting them with the gift of time, you can begin to see how compliance might be seen in a new light. Whatever specific strategy you might use, compliance can become a successful brand by offering enabling, enticing, and enriching benefits in authentic ways, and becoming an essential and indispensable part of employees and other stakeholder’s lives.
Please join us tomorrow where we will look at the 10 things a corporate culture must get right.

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The Compliance Life

Ellen Smith – Sitting in the Chair and a Leading Trade Compliance Program

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. Over four episodes each month on The Compliance Life, I visit with one current or former CCO to explore their journey to the CCO chair. This month, my guest is Ellen Smith, who has sat in the chair of a Director of Trade Compliance.

In late 2013, Ellen met Jay Martin, CCO at Baker Hughes who convinced her to move to Baker Hughes to help rationalize and rebuild/rebrand the Trade Compliance Department. While at Baker, Ellen had the opportunity to rebuild the trade program 3 or 4 times. The first, when she joined Baker. A second time, when Baker was considering a possible merger with Halliburton. A third time after a merger with GE Oil & Gas as we were a GE company. The fourth and final time came after post separation from GE. The biggest change in this job was that Jay Martin had established a culture of compliance throughout the organization.

Favorite adopted sayings
what you see is what you get’
‘Arm-in-arm’
Resources
Ellen Smith LinkedIn Profile
Amalie Trade Compliance Consulting

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Compliance Kitchen

Bitcoin Hack Arrests


The DOJ arrests two for Bitcoin hack and money laundering scheme.

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Everything Compliance - Shout Outs and Rants

Everything Compliance-Shout Outs and Rants from Episode 94

In this week’s Shout Outs and Rants:

1. Karen Woody shouts out to the Super Bowl Halftime show for throwing love on 90s music and musical stars.

2. Jay Rosen shouts out to celebrity chef Jose Andreas for creating the Gazpacho Police in the 1990s long before Marjorie Green Taylor accused Nancy Pelosi of doing so and for inviting Rep. Taylor to join, provided she is vaccinated and wears a mask to the restaurant.

3. Matt Kelly shouts out to that unknown US criminal enforcement agency, the National Archives which raided Mar-A-Lago where the former President had purloined some 15 boxes of Presidential papers and materials. He also gives a minor shout out to New York Times columnist Maggie Haberman who in an upcoming book reported the former President flushed documents down the toilets at the White House.

4. Jonathan Marks shouts out to the Philadelphia 76ers for getting rid of Ben Simmons who refused to play for them. He implores Simmons to get a new agent for his disastrous handling of the entire situation.

5. Jonathan Armstrong shouts out to Queen Elizabeth II for her 70 year reign on the English throne.

6. Tom Fox has a melancholy shout out to the University of Michigan School of Law and greater legal education profession, which lost two stalwart professors recently; Yale Kamisar, Father of Miranda and Terrance Sandalow, former Dean of the Law School.

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ESG Compliance Podcast

Exploring ESG from the European Perspective with Bryan Sillaman


Bryan Sillaman, Head of the Paris office of Hughes Hubbard & Reed LLP, returns to the show to share the breadth and scope of some of the regulatory frameworks already in place, what the green taxonomy is all about and how it relates to an overall ESG program. 
 ▶️ Exploring ESG from the European Perspective with Bryan Sillaman.
Key points discussed in the episode:
(00:30) Bryan Sillaman shares his current practice and interesting evolution from a white-collar defense lawyer to an ESG aficionado.
(01:28) The key differences in the regulatory approach to ESG between the EU and US.
(02:34) The robust and rigorous exercise at a scientific and technical level to define sustainable activity versus not generating different opinions & viewpoints. Bryan expects this lengthy process in the EU in 2021 to become a lot more in 2022.
 (03:49): The EU has been ahead a bit on the front where the United States is in terms of the ESG regulatory approach. Sillaman shares that this is part of what’s driven by the regulatory framework, but even more so, as companies face pressure from their investors, employees, unions, NGOs and various stakeholders.
(05:04): Companies claim to be involved in sustainable activities but not really involved. And it comes back to the concern of greenwashing and establishing the taxonomy set out to define at a technical and scientific level what is sustainable and what is not.
(08:07) The sustainable financial disclosure regulation and its operation into an overall ESG framework. It requires asset managers as financial market participants to first disclose how much of their activities are aligned with the taxonomy.
(09:19) The Corporate Sustainability Reporting Directive and how it fits in.
(10:50) With directives defined, Bryan shares where he sees EU reporting standards for ESG headed and envisioned as the technical criteria will evolve over time. 
(12:57) ESG has become a really top-of-mind issue for many companies and institutions. Sillaman shares that this is part of what’s driven by the regulatory framework, but even more so, as companies face pressure from their investors, employees, unions, NGOs and various stakeholders. 
(14:13) Interesting trends for 2022 following the regulatory Bryan cites interesting cases and lawsuits brought by NGOs to pursue reductions in carbon emissions and other damages against companies. 
(17:30) Several countries pass enhanced disclosure and due diligence requirements on the supply chain, and companies are operating in their jurisdiction focus on human rights issues. 
(19:20) The S or social aspect part of ESG gets more attention, perhaps not as much as the environmental or E piece that focuses on gender issues
(20:36) A company that wants to start an ESG Program should first figure out who the key stakeholders are. It covers a broad set of issues that naturally implicates a lot of different stakeholders within the company.
Bryan J. Sillaman is Managing Partner of the firm’s Paris office. During his time at Hughes Hubbard, Bryan has counseled clients across a range of governance and compliance issues, including the development of policies and procedures, due diligence relating to third-parties and joint venture partners, and internal reviews and audits of their global operations. Bryan has spent significant time advising clients in connection with independent corporate monitorships and has traveled extensively in connection with his activities, including to Angola, Brazil, China, Indonesia, Malaysia, the Middle East, Nigeria, Russia, Thailand and Venezuela. 
Prior to joining Hughes Hubbard, Bryan was an attorney in the Division of Enforcement of the US Securities and Exchange Commission (SEC) where he earned a Division Director Award. 
Connect: bryan.sillaman@hugheshubbard.com
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Do you have a podcast (or do you want to)? Join the only network dedicated to compliance, risk management, and business ethics, the Compliance Podcast Network. For more information, contact Tom Fox at tfox@tfoxlaw.com.
 

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Innovation in Compliance

MBA in Business Ethics with Dr. Mark Woodhull


 
Tom Fox welcomes Dr. Mark Woodhull on this episode of the Innovation in Compliance Podcast. Mark is the Director of Graduate Business Education at Schreiber University, and a Military Science Academic Program Manager. He joins Tom to talk about the MBA program at Schreiner, what gain it brings to students, and what impact it will have on the business world in years to come.
 

 
Schreiner MBA: Why It’s Important and Who It’s For
Schreiner’s MBA program was constructed based on feedback from regional businesses about undergraduates’ lack of training in ethics. Ethics have an enormous impact on a company and determine whether they thrive or collapse. “So, we felt that we would surround our program with that particular theme,” Mark tells Tom. He adds that the kind of MBA program Schreiner runs is to create all-round individuals so that they can be competent in various fields no matter what workplace they enter. “What we’re trying to do is create people who are flexible, versatile and are able to work within organizations or companies on that flexible basis,” Mark states. 
 
The Future of MBA Education and Leadership
Tom asks Mark to share some insight about how he envisions the future of MBA programs as well as corporate leadership. Many universities have begun specializing their MBA programs, and Schreiner is looking at that possibility as well. The university is also creating opportunities for their Hispanic students by delivering the same MBA program in Spanish. They will be allowed to take the programs from the convenience of their homes. As for corporate America, Mark stresses that transformative leadership is the way to go. 
 
Resources
Dr. Mark Woodhull | LinkedIn 
Schreiner University | MBA Program
 

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Daily Compliance News

February 15, 2022 the Dinobabies Edition


In today’s edition of Daily Compliance News:
·      IBM senior management tried to get rid of older employees.  (NYT)
·      Judge Rakoff will dismiss Palin lawsuit against NYT.   (NYT)
·      Mazars USA pulls Trump Org financial statement approvals. (NYT)
·      End of Olympics? (NYT)

Categories
Blog

Innovation in Compliance: Compliance Ecosystem – Part 2

This week, we are exploring the topic of Innovation in Compliance, through a week of considering  some of the newest business strategies which can be applied by the compliance profession to corporate compliance programs. My inspiration comes from MIT Sloan Management Review Winter Edition. In Setting the Rules of the Road, authors Ulrich Pidun, Martin Reeves, and Niklas Knust posited that putting the right rules in place to orchestrate a platform that creates value for all stakeholders is critical to help in an overall approach to manage risk. I have used their article as a starting point to look at the enhancement of compliance ecosystems. Yesterday we reviewed what is a compliance ecosystem and a framework for considering it. Today we conclude this topic by employing the elements of a framework to deploy four foundational recommendations which can guide Chief Compliance Officers (CCOs) in developing and leading a governance model for a compliance ecosystem.

  1. Align your ecosystem’s governance model with its strategic priorities.

As with all compliance programs, the strategic priorities of your compliance ecosystem will vary by risks, risk management protocol and compliance program maturity. The authors point out that your compliance ecosystem growth, “can be fostered by lowering entry barriers, easing the controls on conduct, and/or offering a more generous distribution of [compliance] value.” Yet the “governance model can help orchestrators maintain the quality of an ecosystem’s offerings.”
If your overall strategic focus is on improving alignment among the stakeholders of a compliance  ecosystem, “the different dimensions of governance can help.” This can include “leveraging several governance dimensions: a common mission, strict technical guidelines and processes for conduct, and administrative decision rights that are assigned to specific users.” The authors conclude, “Nuanced choices regarding the dimensions of governance can help orchestrators simultaneously achieve conflicting objectives,” specifying that there can be low barrier access to the compliance ecosystem “while at the same time ensuring a high level of quality and consistency by centralizing decision rights and using extensive quality checks before approving newly developed apps for the platform.”

  1. Use your governance model to stand apart.

Compliance ecosystem governance serves as a source of competitive advantage. As a CCO, you can develop different governance profiles to differentiate your compliance ecosystem. If your compliance ecosystem is relatively new, you can “adopt an open governance model to counter the network effects enjoyed by incumbents.” The authors caution that it may be an iterative process as your first attempt might not be embraced fully by all stakeholders.
Moreover, while competing ecosystems initially experiment with diverse governance models and use them for competitive differentiation, over time the more successful models eradicate the weaker ones. CCOs learn which governance work best for their organization but then such models may begin to converge. The authors observed, “If one ecosystem gains a competitive advantage by adapting its governance model, others may be forced to do the same to keep up.”

  1. Use governance to ensure social acceptance.

Interestingly, what the authors observed in their study of business ecosystem governance was that good governance could lead to more social acceptance. Typically, in the compliance realm, it is the reverse; that is social acceptance by employees and other stakeholders leads to good governance. This dichotomy is worth exploring for the CCO.
Perhaps, not to surprisingly, the compliance ecosystem approach has not yet been fully embraced by the Department of Justice (DOJ) or Securities and Exchange Commission (SEC) most probably because it is still so cutting edge. However, as with all thing’s compliance, the key when the regulators come knocking is that you have Documented, Documented, and Documented your efforts in this area. But even beyond the regulatory review and enforcement arena, a lack of trust between the compliance function and stakeholders can lead to a compliance ecosystem failure.
Moreover, good governance is a prerequisite for building social capital and securing the social legitimacy required by a compliance ecosystem. The authors state, “the governance model must be designed to engender and maintain social acceptance, as well as legal compliance, over the long term and in the face of changing demands. Superior governance, understood in this way, must be consistent and fair.” This sounds precisely like what the DOJ mandated in the Update to the Evaluation of Corporate Compliance Programs as CCOs and the compliance function is now the guardian of institutional justice and institutional fairness. The authors take it a step further arguing, “Consistency means that the mechanisms of governance are transparent and easy to understand, comprehensive, internally consistent, and stable over time.” Finally, the authors believe, “Fairness means that governance complies with corporate policies and legal requirements, avoids biases and creates trust among employees and other stakeholders.”

  1. Adapt your governance model over time.

The authors state, “Adaptability is a key strength of a successful ecosystem. Typically, this adaptability stems from a modular setup that features a stable core (or platform) and interfaces, with highly variable components that can be easily added or subtracted. This enables ecosystems to evolve along with changes in the competitive environment, the needs of orchestrators and participants, social mores, and technology. This same kind of adaptability must also be reflected in the governance model of an ecosystem.” I quote this statement in its entirety because it is a longer way of saying that continuous monitoring leads to continuous improvement. Your compliance program must evolve as do each of the components within it. This would also include the governance of your compliance ecosystem.
As compliance ecosystems become more widespread and evolve, the quality of their governance is an increasingly important success factor. The authors drive home the point that all compliance practitioners understand, “there is no single best way to design your governance model: It will be contingent on the strategic priorities, competitive dynamics, societal demands, and life-cycle stage of the ecosystem.” In other words, assess your own risks in creating your compliance ecosystem and then manage your risks through it.
A CCO should not treat governance as “an afterthought but should instead think through and actively design the governance model.” You need to understand the benefits and risks of aligning “governance and strategy, and resolve strategic trade-offs by balancing the different dimensions of governance.” You ought to put yourself into the shoes of ecosystem stakeholders and  employees to understand the impact of your governance decisions on their incentives to participate and contribute. You will have to adapt your governance model over time to react to changes in user preferences, technology, competition, and strategy. Finally, remember “Good governance is an essential key to the success of both ecosystem orchestrators and their partners.”
Please join us tomorrow where we will look at moving beyond trust in your compliance regime.

Categories
Compliance Kitchen

OFAC issues Ethiopia Sanctions Regs


OFAC issues Ethiopia Sanctions Regulations in relation to the human rights crisis in the country.

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The ESG Report

Philosophy and Ethical Leadership for ESG with Joshua Nunziato


 
Tom Fox welcomes Joshua Nunziato on this episode of the ESG Report. Joshua is an author, and an Instructor in the Social Responsibility and Sustainability division of the Leeds School of Business. He joins Tom to talk about corporate leaders conducting ethical leadership, its role in ESG, and why ethical leadership is a must in the future business world.
 

 
Creating Ethical Leadership
Joshua created his Ethical Leadership course for corporate leaders to equip them with the tools and insight they need to understand the changes happening around them. “We really want to help leaders who participate in our program to understand that acceleration is really the new constant,” he tells Tom. Corporate leaders need to be able to respond proactively to changes and crises. The range of stakeholders has expanded, so the traditional approach to corporate director education is no longer going to work. Directors and corporate leaders need forward-looking tools to navigate their current environment. 
 
The Relevance of Ethical Leadership in 2022
Tom asks Joshua to explain why a course on ethical leadership is needed in 2022. Joshua responds that emerging from the crisis mode of the pandemic comes with a range of challenges that board members have to face, including increasing interest rates, high inflation and uncertainty. Board members need to be able to situate their companies against these challenges and risks, ask the right questions and provide leadership that will drive their organizations forward. 
 
The Role of Corporate Leaders in ESG
Sustainable leadership in ESG means that the needs and wants of the broad ecosystem of company stakeholders are being met with what Joshua calls, ‘compassionate pragmatism’. “Corporate leaders are able to weigh up and evaluate the comprehensive impact that their decisions are having on the environment on local communities, on their employees, on their suppliers, on their customers, and yes on their investors,” Joshua further explains. Compassionate pragmatism is also about taking in the impact, whether positive or negative, that corporate decisions may have, as well as managing what leaders can measure, and what they cannot. Leaders have to figure out what they value, and also what values they can gather as a business community that will drive them towards enduring prosperity.
 
America in Ethical Leadership
Joshua doesn’t see America taking the lead on ESG, or other sustainability issues; however he does see America leading relative to other economies that are trying to get their citizens into the global middle class. Innovation on various compliance and ethical issues is happening around the US, and this is because individuals are recognizing the need to respond. The impact of corporate decisions over the decades is being felt across the political spectrum. Scandals and breaches of ethics also have serious ramifications and consequences for businesses, and so it makes sense for leaders to step and lead with ethical conviction. Joshua’s role as a philosopher is to expand the moral imagination of the leaders he works with, so they can ask the right questions and consider sustainable leadership possibilities they otherwise may not have thought of. 
 
Resources
Joshua Nunziato | LinkedIn | Twitter