Categories
Coming Conflict with China

Coming Conflict with China: Part 3 – Exports and Rebalancing the Global Economy

In the short span of the 21st Century, the world’s top powers, the United States and China, have moved inexplicably toward a showdown. This evolved from a commercial competition into something more akin to permanent non-kinetic warfare. What does this mean for US business doing business in and with China? In this special 5-part series, Tom Fox and Brandon Daniels, CEO of Exiger, a leading global third-party and supply chain management software company, explore issues diverse as a real danger, supply chain, exports, cyber-attacks, and IP theft from the business perspective and give the compliance and business executive their viewpoints on what you can do to not only prepare your company but protect it as well. In Part III, we consider issues related to US exports to China and markets for US products if the China market is closed off to US companies.

The US-China conflict is intensifying, and as a result, businesses that export to China are feeling the strain. US companies exported nearly $149 billion worth of goods to China, but China still exports over $400 billion to the US. Do these trade deficits still matter? What happens when your biggest customer is no longer available? How do you go about finding new markets and reshoring customers? Join us as we explore this and other export issues in Part 3 of this special five-part series.

Key Highlights:

1. The importance of balancing the US-China economic relationship in light of the current crisis.
2. How does a business consider customer location an existential risk?
3. The potential for global economic rebalancing through collaboration between democracies.

Notable Quote

“We have to figure out how to make this a global market and ensure that this doesn’t just become some sort of nationalistic retrenchment.”
Resources

Exiger

Tom Fox

Connect with me on the following sites:

Instagram

Facebook

YouTube

Twitter

LinkedIn

Other episodes in this Series:
Episode 1-From Potential Conflict to Real Danger

Episode 2-Supply Chain Issues

Categories
The Hill Country Podcast

Peggy Vesper on Painting Hill Country Landscapes

Welcome to award-winning The Hill Country Podcast. The Texas Hill Country is one of the most beautiful places on earth. In this podcast, Hill Country resident Tom Fox visits with the people and organizations that make this the most unique areas of Texas. Join Tom as he explores the people, places and their activities of the Texas Hill Country.  In this episode, host Tom Fox visits Utopia artist Peggy Vesper.

Tom explores with Peggy her journey to Utopia, Texas and how she found her passion for painting. She explains how she began painting with acrylic since she is a fast painter and likes to work quickly. She shares her experiences painting pet portraits and later exploring the vibrant art community in Utopia, Texas. Peggy reveals how she began to focus on the views of the landscape in the Hill Country. Lastly, we learn about Peggy’s daughter following her dreams and majoring in fine arts. Don’t forget to check out Peggy Best’s website for updates on upcoming shows.

 Key Highlights

The Appeal of Utopia

Managing Stress Through Art: A Journey to Finding Creative Release with Acrylic Painting

The Art Scene and Community in Utopia, Texas

The Art of Painting Landscapes: Peggy’s Unique Approach

The Power of Encouraging Dreams in a Supportive Environment

Sharing Artwork on Social Media

 Notable Quotes 

1.     “I just set up a little table and started doing pet portraits.”

2.     “I had several friends that I made by going to the shows and artists that, you know, would give me tips and such. And I thought they have the most incredible life.”

3.     “And I love the acrylic. Because I paint quickly and I am not a patient person. o I loved it because all of a sudden you made a mistake, you could just do it over again, ma’am.”

 Resources

Peggy Vesper

Categories
FCPA Compliance Report

Khayot Salijanov – Compliance in Uzbekistan

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, I am joined by Khayot Salijanov, a Master’s Degree candidate at the University of Pittsburgh. He is originally from Uzbekistan, and we discuss compliance in emerging markets. We discussed the history of compliance and corruption in Uzbekistan and the government’s steps to increase compliance through laws like public procurement and creating an anti-corruption agency. Khayot then provides insight into the two biggest challenges faced in 2020, communication and conducting effective investigations, as well as emphasizing the importance of leadership buy-in. Finally, Khayot suggests that to start a management consulting career; one should focus on creating relationships and ownership, creating value, and gaining leadership buy-in. 

Key Highlights

·      The History of Compliance In Uzbekistan

·      Protecting Yourself When Doing Business in Uzbekistan

·      The Importance of Leadership Involvement in Creating a Robust Compliance Program

·      Creating Business Value Through Compliance Programs

 Notable Quotes

·      “And also it has a good program, a good tailored program, including ethics and risk management also sustainable business issues, which I’m interested in because I think sustainable business is part of compliance.”

·      “It’s essential to create family-based ownership to achieve success.”

·      “The government’s anti-corruption and anti-bribery policy has changed drastically.”

·      “Absolutely. Thank you for inviting and having me, Thomas. I have a lot of things to tell our listeners about Uzbekistan, specifically about compliance.”

·      “These events mark the beginning of designing and implementing corporate compliance standards in the private sector.”

Resources

Khayot Salijanov on LinkedIn

Tom

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Compliance Into the Weeds

Blackbaud – Failures in Cyber Breach Disclosures

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 more fully explore a subject. In this episode, we discuss the consequences of insufficient disclosure regarding cybersecurity risks, as demonstrated in the recent Blackbaud SEC enforcement action. The SEC requires companies to proactively disclose material events, and the Delaware Court of Chancery is making it clear that senior executives are responsible for ensuring compliance with disclosure requirements. Tune in next week to hear more Compliance into the Weeds from Tom and Matt. 

Key Highlights

·      The cost of poor communication: $3 million lesson from Blackbaud’s FCC fine.

·      Disclosure Controls and the Sarbanes Oxley Act

·      The Consequences of Failing to Comply with the SEC and FCC Regulations on Reporting Data Breaches

·      SEC Cracking Heads and What’s Next 

Notable Quotes:

1.      “Do words still matter? I think that they do.”

2.     “I couldn’t think of at least 3 million reasons why that was a bad idea in hindsight, and maybe they should have been more forthcoming.”

3.      “Oh, well, actually, you know, we missed the revenue target, but we forgot to tell the CFO people would be fired. You know, there would be heads stuck on the pikes. In front of the office lobby or something like that.”

4.     “A compromise of our data security that results in customer or donor personal or payment card data being obtained by unauthorized persons could, and that’s the word. Could adversely affect our reputation with our customers and others.”

 Resources

Matt  on LinkedIn

Matt on Radical Compliance

Tom

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Daily Compliance News

March 29, 2023 – The SBF/FCPA Charges Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen 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.

Stories we are following in today’s edition of Daily Compliance News:

  • SBF charged with FCPA violations. (WSJ)
  • Fox Producer seeks to recant testimony. (Reuters)
  • The US makes a transparency commitment. (AP)
  • France raids big banks over tax fraud. (NYT)
Categories
Blog

Coming Conflict with China-Business Challenges and Responses: Export Issues and Rebalancing the Global Economy

In the short span of the 21st Century, the world’s two top powers, the United States and China, have moved inexplicably toward a showdown. This evolved from a commercial competition into something more akin to permanent non-kinetic warfare. What does this mean for US business doing business in and with China? For this special 5-part blog post series, I visited with Brandon Daniels, CEO and President of Exiger, to explore issues diverse as a real danger, supply chain, exports, cyber-attacks, and IP theft from the business perspective and give the compliance and business executive their viewpoints on what you can do to not only prepare your company but protect it as well. In Part III, we consider export issues of US companies and rebalancing the global economy.

The US exported $149,000,000,000 to China in 2021, but do trade deficits still matter in this new era of economic conflict? The US-China conflict is intensifying, and as a result, businesses that export to China are feeling the strain. What happens when your biggest customer isno longer available? How do you go about finding new markets and reshoring customers? In this post, we explore the delicate balance between US and Chinese relations and the tools US businesses need to protect their intellectual property and commodities from Chinese counterfeiting.

What are some of the steps you can take around export issues.:

  1. Determine what to buy and sell to China
  2. Protect intellectual property
  3. Create a rebalanced global economy through diplomatic efforts with allies and partners.

  1. Determine what to buy and sell to China

When considering the purchase and sale of goods to and from China, it is important to take into account the potential risks and rewards associated with the transaction. There are several factors to consider when assessing the potential for a successful trade relationship with China. First, companies must consider the intellectual property rights associated with the goods being purchased or sold. It is important to ensure that any goods being exported to China are not subject to an export control classification, as China does not always respect intellectual property laws. There is a large counterfeit market in China, and companies must be aware of the potential for counterfeiting of their products. Finally, companies should be aware of the imbalance in trade between the United States and China, and must be sure to protect their economic interests while also respecting the rights of their customers. By taking into account these factors and ensuring that their business practices are in line with their countries’ trade policies, companies can form successful and mutually beneficial trade relationships with China.

  1. Protect intellectual property

Protecting intellectual property is essential to maintain the success of businesses and to prevent the theft or misuse of valuable information. Companies should take steps to ensure that their intellectual property is secure, both internally and externally. Internally, companies should create policies and procedures to ensure that only authorized personnel have access to sensitive information, and that all data is kept secure. Companies should also implement safeguards such as encryption and firewalls to protect their data. Externally, companies should take steps to protect their intellectual property from being copied or stolen. This could include applying for patents or trademarking products or services. Companies should also investigate the laws and regulations in the countries they are exporting to and ensure that their intellectual property is adequately protected under those laws. In addition, companies should consider signing contracts with their partners that protect their intellectual property, and should take steps to monitor the use of their intellectual property to ensure that it is not being misused.

  1. Creating a rebalanced global economy

To create a rebalanced global economy through diplomatic efforts between the US, its allies and partners, it is important to start by forming a coalition of like-minded countries. This coalition should focus on building up and sustaining economic ties between each other, as well as banding together to develop new economic opportunities and innovations. The US should also work closely with their allies and partners to protect their intellectual property, enhance transparency, and prevent China from taking advantage of any economic imbalances.

To ensure a successful rebalancing of the global economy, the US and its allies should focus on developing diplomatic solutions to their problems with China. This means engaging in dialogue with them, negotiating trade agreements, and forming coalitions of like-minded countries who are willing to work together to create a more balanced global economy. The US should focus on strengthening their own economic ties with their allies and partners, as well as developing new economic opportunities and innovations. Finally, it is important for the US and its allies to continuously monitor and protect their intellectual property, as well as increasing transparency in the global economic system. By doing so, China will be unable to take advantage of any economic imbalances.

The US-China conflict is an ever-evolving and complex situation, but by understanding the implications of the conflict, businesses can take steps to protect their intellectual property and commodities from Chinese counterfeiting, and create a rebalanced global economy through diplomatic efforts with allies and partners. With the right strategies and precautionary measures in place, businesses can remain competitive in the global marketplace and continue to engage in global commerce. With the right guidance and action, we can all strive to create a more stable and prosperous global economy.

For a deeper dive into these issues, check out the 5-part podcast series with Tom Fox and Brandon Daniels, here.

Categories
31 Days to More Effective Compliance Programs

Following the Money Through Distributors

Polycom came to FCPA grief in China, as have many other US companies. The bribery scheme was long running, occurring from 2006-2014. They included the creation of an off-the books accounting and recordation system for corrupt payments made by or on behalf of Polycom China. The money to fund these bribes came through variations of the basic bribery scheme. There would be a discount between the price reported to Polycom and that paid by the buyer. These discounts were not passed on to the end customer, but instead were intended to cover the cost of the payments the distributors made to the Chinese government officials.

In other words, this discount would form the basis of the pot of money to pay the bribe.
The Chinese business unit was equally creative with the reasons for the discounts, which were listed in the CRM. Polycom China usually cited competition with one or more vendors was required to give discounts on pricing. They also claimed that some end-using customers refused to pay full price. However these were all false excuses entered into the CRM to hide the truth from auditors and others charged with reviewing and approving the discounts.
Three Key Takeaways

  1. Channel your inner Woodward and Bernstein and follow the money.
  2. Simply because some type of compliance oversight is difficult or requires extra effort, it is no excuse not to monitor.
  3. Channel you inner Ronnie Reagan as well and ‘trust but verify.
Categories
Coming Conflict with China

Coming Conflict with China: Part 2-Supply Chain Issues

In the short span of the 21st Century, the world’s two top powers, the United States and China have moved inexplicably toward a showdown. This evolved from a commercial competition into something more akin to permanent non-kinetic warfare. What does this mean for US business doing business in and with China? In this special 5-part podcast series, Tom Fox and Brandon Daniels, CEO of Exiger, a leading global third-party and supply chain management software company, explore issues diverse as a real danger, supply chain, exports, cyber-attacks, and IP theft from the business perspective and give the compliance and business executive their viewpoints on what you can do to not only prepare your company but protect it as well. In Part II, we discuss the issues in the Supply Chain, including issues of human rights, forced labor, and supply chain management in the Asia Pacific region.

Obviously, the issues around Uyghur forced labor in China are an important consideration for all American businesses with supply chains in China. While that issue focuses on human rights, it is also a wider world economic issue that requires a business solution. The key is to diversify the supply of goods, investing in other countries’ manufacturing capabilities to ensure that human rights abuses do not go unchecked.

Key Highlights:

1. What is the inextricable connection between human rights and economic policy when it comes to current geopolitical tensions with China?
2. How is the subjugation of Uyghurs in Xinjiang impacting the global economy?
3. What risks does reliance on China’s manufacturing pose for businesses, and how can companies diversify their supply chain to mitigate them?

Notable Quote

“It just takes investment. It takes time, but it’s an investment worth having because it provides us security in the potential and the ever more serious potential of a conflict with China.”

Resources

Exiger

Tom Fox

Connect with me on the following sites:

Instagram

Facebook

YouTube

Twitter

LinkedIn

Other episodes in this Series:
Episode 1-From Potential Conflict to Real Danger

Categories
SBR - Authors' Podcast

Corie Adjmi’s Journey from New Orleans to Brooklyn and Beyond

Welcome to the Sunday Book Review, the Authors Podcast! On this episode, Tom welcomes Corie Adjmi in the latest edition of the Sunday Book Review-Authors Podcast! Corie was born and raised in New Orleans before moving to Brooklyn at the age of sixteen. She explored her passion for storytelling during her graduate studies and eventually spent twenty years working as a teacher before writing her first book. Her most recent novel, The Marriage Box, is an examination of the experiences of modern-day women which is sparked by a period of reflection exploring the consequences of marriage at a young age.

Corie shares her creative process and recommends books on writing from authors Stephen King and Julia Cameron. Deeper conversations explore her blog post about confronting the internal dialogue around societal judgments of gender. Get the fascinating insight from this talented author, plus relax as Corie encourages her listeners to take little steps and rediscover the craft of writing. This podcast is not one to miss!

Key Highlights Include

·      Exploring the Power of Storytelling Through Literature [00:04:31]

·      The Challenges of Getting Married at a Young Age [00:08:35]

·      Taking Baby Steps Towards Writing Success [00:12:57]

·      The Value of Finding Comfort in Books During Difficult Times [00:16:47]

·      Unpacking Internal Dialogue in the #MeToo Movement. [00:20:59]

·      Exploring the Fear of Revealing Your True Self [00:25:30]

Notable Quotes

1.     “It was really important to me. That I made the team. And I had to work really hard to, you know, perfect a jump and, you know, learn all the moves and take it seriously because the competition to get on a cheerleading.”

2.     “Writing the novel was much more difficult because I could never get enough momentum. I’d get through 20 pages, have to put it down, sometimes days would go by weeks, even months.”

3.     “For me reading with a pencil in my hand, admiring what somebody else has done, taking notes in the margins, underlining, circling, learning from what other people have done is a way that I feel like I’m engaging with writing and the craft of writing; and it’s less intimidating.”

4.     “Have the courage to walk through it.”

Resources

Check out Corie Adjmi

Check out Corie’s book “Life and Other Shortcomings” here

Categories
Innovation in Compliance

Igniting Purpose within Organizations with Christina Foxwell

How can you build a culture of trust and purpose in your organization? Tom Fox’s guest this week, Christina Foxwell, is an expert in helping companies unleash the purpose within each employee to build a sustainable business. In this episode, Tom and Christina explore the world of organizational transformation: Christina shares how her team helps companies put programs in place to measure outcomes and document results, satisfying stakeholders such as regulators and shareholders. She also emphasizes the importance of building a coaching culture, which can help transform company culture as well as the personal lives of employees. 

Christina Foxwell is the Global CEO of Ignite Purpose, a company that aims to make a difference to one person’s life a day so that they can make a difference to their world. She is a renowned leadership and transformation expert who has spent more than two decades working with organizations and executives to achieve their goals. At Ignite Purpose, Christina and her team specialize in partnering with organizations to create transformational change through culture change, leadership development, and team optimization. She is also a sought-after speaker and podcast host, using her platform to share insights and inspire leaders to unlock their full potential. 

 

You’ll hear Tom and Christina talk about:

  • Building a culture starts with one person and then cascades into the organization.
  • Organizations need to foster connections among people and create communities where employees can bring their whole selves to work.
  • Trust is essential, and it starts with individuals trusting themselves before they can trust others.
  • In a hybrid work model, companies need to create opportunities for employees to come together, both physically and emotionally.
  • There is no cookie-cutter solution to building a culture of purpose and values. It requires a relentless effort to find the answer together.
  • Measurement and documentation are crucial for demonstrating outcomes to regulators, shareholders, and stakeholders.
  • Transformation requires a shift in culture, not just a tick-box approach.
  • Coaching executives on how they show up, including their thoughts, speech, and emotions, is critical to creating a coaching culture.
  • Creating a coaching culture helps to change the language of failure to learning, promoting purpose and engagement in the workforce.
  • Podcasting helped to build Christina’s courage and gave her a platform for sharing insights, for challenging and inspiring others.
  • The younger workforce wants to learn and develop differently, challenging organizations to think about how to reach them through different mediums.

 

KEY QUOTES

“Connection isn’t just a physicality. It’s an emotional choice to be connected. What we’ve got to do is we’ve got to give our people permission to make that emotional choice and teach them the gift of community and connection.” – Christina Foxwell

 

“We change the language of failure to learning, which means we want people to show up.” – Christina Foxwell

 

“We need to be able to open our mind…As a business owner, how do we reach people in different mediums to create the talent growth within the organization?” – Christina Foxwell

 

“For me, [podcasting] is about sharing insights and learning and maybe learning to have the courage to use my voice and to speak to people, to bring about new ideas.” – Christina Foxwell

 

Resources:

Christina Foxwell on LinkedIn | YouTube | Twitter | Facebook  

Ignite Purpose