The global economy has suffered two significant shocks — first, the pandemic sent shockwaves through every organization, and second, the war in Ukraine. Both of these events exposed the importance of risk management, especially with regard to supply chain and distribution operations. Hence, the renewed focus on third-party risk management and the repetitive description of “holistic” third-party risk management. Reality forces change, and we are now experiencing significant adjustments to overall risk management procedures. At the top of every list has to be third-party risk management beyond legal and compliance risks — we have new disruptive risks that have to be identified, quantified, or ranked and then addressed.
Michael Volkov outlines the new reality and opportunities stemming from holistic third-party risk management in this episode.
Tag: compliance
Categories
André Paris on the Brazilian GDPR
Tom Fox returns for another episode of Life with GDPR. This week, Jonathan Armstrong is on assignment, so we are joined by our colleague André Paris, a Brazilian Privacy and Compliance Consultant, Professor, and Lawyer. Andre is the author of the book “Ethics and Transparency – A Path to Compliance.” He is a specialist in building a Corporate Culture based on Ethics, Transparency, and Respect, with experience in Corporate Risk Analysis and Management and Protecting Corporate Reputation and Crisis Management. He is also an enthusiast of building a more ethical and transparent business environment.
In this episode, we take up the Brazilian national GDPR-like data privacy law. Some of the issues we consider include:
1. What is Brazilian law?
2. Who does it apply to?
3. What does a compliance program look like?
Resources
Check out Andre’s book, ETHICS & TRANSPARENCY: A Path To Compliance.
André Paris on LinkedIn
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 Mark Beyer, the Ethics and Compliance Officer at Pedernales Electric Cooperative.
In this concluding episode, Beyer discusses his move to Pedernales Electric Cooperative, the largest electric distribution cooperative in the US. He moved to the role in no small part because of his love for the Texas Hill Country (much like the host Tom Fox-see The Hill Country Podcast). In addition to moving into the CCO chair, Beyer found the risks in such a non-profit electric cooperative very different than a publicly traded for profit enterprise. Beyer has also continued to expand his Compliance Toolkit while sitting in the CCO chair.
Tool No. 11 was the lesson that the CCO could not, should not and did not do everything in the compliance arena. The ‘who’ of doing it is quite important. The company’s customers are a rural base in the Hill Country of Texas and relationships are very important.
Tool No. 12 was expanding his compliance remit to include privacy. Simply because you are a US centric business, does not mean privacy rights do not exist. While they may not rise to the level of GDPR, they exist even in Texas.
Resources
Mark Beyer LinkedIn Profile
Pedernales Electric Cooperative
Categories
What is the Role of Tax in ESG?
What is the intersection of tax and compliance? Why does a Chief Compliance Officer (CCO) or compliance professional need to sit down with the corporate head of tax? How does a corporate tax function fit into a best practices compliance program? It turns out there is quite a bit a compliance professional can learn from a tax professional. Moreover, there are many aspects of tax which should be considered by a CCO and compliance professional from an overall risk management perspective. Unfortunately, these questions are rarely explored in the compliance community. In this episode, we explore the unexplored topic of the role of tax in a corporate ESG program.
How Tax and ESG Intersect
Tracy tells Tom, “There are external forces pulling tax into the ‘S’ and ‘G’ of ESG.” In the social sector, different jurisdictions have different tax rates and laws, and as companies begin to operate in a tax-efficient manner, their activities will gravitate towards lower tax regimes. Tracy adds, “You’ve got forces trying to push the concept of ‘fair share’ rather than compliance with tax laws of different jurisdictions.” Governance-wise, it’s becoming more common for companies to be required to talk about their compliance tax audits.
The Role of Tax in a Company
With the growing pressures on ESG transparency, there’s a push to standardize reporting and scorecarding of companies based on their tax transparency. This would include things like the reporting of an organization’s effective tax rate.
Tax and ESG in Multinational Organizations
Institutional investors play a major role in impacting the activities of a multinational company. When making investment decisions, these entities heavily incorporate ESG scorecards with tax transparency, further emphasizing the need for a relationship between the two sectors.
Resources
Tracy Howell | Email | LinkedIn
In today’s edition of Daily Compliance News:
- JPMorgan shareholders disapprove of CEO pay package. (Reuters)
- Allianz pleads guilty. (NYT)
- DOJ to require CCO certification. (Compliance Week)
- Top Nigerian accountant arrested in $193MM theft. (Bloomberg)
Categories
ComEd Compliance Report
Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. This week, Matt and Tom take a deep dive into the recently released Commonewealth Edison report on the current state of its compliance program. Highlights include:
- Why is ComEd publicly filing a compliance report?
- How did Compliance Domains replace specific risks?
- The use of Design Thinking concepts in the Risk Assessment process.
- A direct line from Risk Assessments -> continuous monitoring-> continuous improvement-> reporting.
Resources
Matt in Radical Compliance
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 Mark Beyer, the Ethics and Compliance Officer at Pedernales Electric Cooperative.
Beyer’s next move took him to LivaNova, a medical device manufacturer, a publicly traded UK company. At LivaNova, Beyer became the head of Ethics and Compliance for North America where he oversaw all aspects of compliance for North America. He also made several additions to his Compliance Toolkit while at LivaNova.
Tool No. 7 was Beyer broadening out his approach to compliance and ethics at a company to a much more holistic approach.
Tool No. 8 was the exposure that Beyer had with the LivaNova C-Suite. Through these interactions he learned to work senior management in a reporting role but also to help educate the C-Suite on their role in a compliance program.
Tool No. 9 was working with corporate legal. In these interactions, Beyer learned the importance of a separate legal and compliance function.
Tool No. 10 was creativity. Here Beyer was mentored by another compliance legendary CCO, High Bigwood. Bigwood was one of the first CCOs to focus on the behavioral sciences for compliance and in compliance programs. He also expanded his views on the marketing of compliance internally.
Resources
Mark Beyer LinkedIn Profile
Pedernales Electric Cooperative
In this episode of the Compliance Week 2022 Preview Podcasts series, Charles will discuss some of his presentation at Compliance Week 2022 “The Current State of Compliance and What’s in Store for the Future”. Some of the issues he will discuss in this podcast and his presentation are:
- The current state of the industry, impacts of COVID-19, and examine the road ahead;
- Steps compliance professionals can take collectively to protect and advance the profession moving forward; and
- Reflections on emerging topics that are top of mind for compliance officers and how leaders are forging ahead.
In this first full compliance conference in over 2 years, I hope you can join me at Compliance Week 2022. This year’s event will be May 16-18 at the JW Marriott in Washington DC. The line-up of this year’s event is simply first rate with some of the top ethics and compliance practitioners around.
Gain insights and make connections at the industry’s premier cross-industry national compliance event offering knowledge-packed, accredited sessions and take-home advice from the most influential leaders in the compliance community. Back for its 17th year, compliance, ethics, legal, and audit professionals will gather safely face-to-face to benchmark best practices and gain the latest tactics and strategies to enhance their compliance programs. and many others to:
- Network with your peers, including C-suite executives, legal professionals, HR leaders and ethics and compliance visionaries.
- Hear from 75+ respected cross-industry practitioners who are CEOs, CCOs, regulators, federal officials, and practitioners to help inform and shape the strategic direction of your enterprise risk management program.
- Hear directly from the two SEC Commissioners and gain insights into the agency’s areas of enforcement and walk away with guidance on how to remain compliant within emerging areas such as ESG disclosure, third-party risk management, cybersecurity, cryptocurrency and more.
- Bring actionable takeaways back to your program from various session types including ESG, Human Trafficking, Board obligations and many others for you to listen, learn and share.
- The goal of Compliance Week is to arm you with information, strategy and tactics to transform your organization and your career by connecting ethics to business performance through process augmentation and data visualization.
I hope you can join me at the event. For information on the event, click here. As an extra benefit to listeners of this podcast, Compliance Week is offering a $200 discount off the registration price. Enter discount code discount code TFLAW $200 OFF.
In this episode of the Compliance Week 2022 Preview Podcasts series, Steve will discuss some of his panel at Compliance Week 2022 “The Current State of Compliance and What’s in Store for the Future”. Some of the issues he will discuss in this podcast and his presentation are:
- The current state of the industry, impacts of COVID-19, and examine the road ahead
- Steps compliance professionals can take collectively to protect and advance the profession moving forward
- Reflections on emerging topics that are top of mind for compliance officers and how leaders are forging ahead
In this first full compliance conference in over 2 years, I hope you can join me at Compliance Week 2022. This year’s event will be May 16-18 at the JW Marriott in Washington DC. The line-up of this year’s event is simply first rate with some of the top ethics and compliance practitioners around.
Gain insights and make connections at the industry’s premier cross-industry national compliance event offering knowledge-packed, accredited sessions and take-home advice from the most influential leaders in the compliance community. Back for its 17th year, compliance, ethics, legal, and audit professionals will gather safely face-to-face to benchmark best practices and gain the latest tactics and strategies to enhance their compliance programs. and many others to:
- Network with your peers, including C-suite executives, legal professionals, HR leaders and ethics and compliance visionaries.
- Hear from 75+ respected cross-industry practitioners who are CEOs, CCOs, regulators, federal officials, and practitioners to help inform and shape the strategic direction of your enterprise risk management program.
- Hear directly from the two SEC Commissioners and gain insights into the agency’s areas of enforcement and walk away with guidance on how to remain compliant within emerging areas such as ESG disclosure, third-party risk management, cybersecurity, cryptocurrency and more.
- Bring actionable takeaways back to your program from various session types including ESG, Human Trafficking, Board obligations and many others for you to listen, learn and share.
- The goal of Compliance Week is to arm you with information, strategy and tactics to transform your organization and your career by connecting ethics to business performance through process augmentation and data visualization.
I hope you can join me at the event. For information on the event, click here. As an extra benefit to listeners of this podcast, Compliance Week is offering a $200 discount off the registration price. Enter discount code discount code TFLAW $200 OFF.
What is the intersection of tax and compliance? Why does a Chief Compliance Officer (CCO) or compliance professional need to sit down with the corporate head of tax? How does a corporate tax function fit into a best practices compliance program? It turns out there is quite a bit a compliance professional can learn from a tax professional. Moreover, there are many aspects of tax which should be considered by a CCO and compliance professional from an overall risk management perspective. Unfortunately, these questions are rarely explored in the compliance community. In this episode, we explore the intersection of tax and Supply Chain.
How Tax Can Help Supply Chain
Supply chain in a traditional sense focuses on the acquisition of goods, in particular the quality, cost, and delivery. There can be a substantial tax component in each of those steps to help companies attain goods at the lowest possible cost. Consequently, if supply chain does not have a relationship with tax, it can result in additional surprise costs being attached to goods. Data beyond the cost of goods, material, and service can be used to model and predict the additional tax burden so that better procurement decisions can be made.
Mitigating the Risk of Mission Creep
Establishing a connection between tax and supply chain in an organization is good, but the relationship needs to be kept fresh for a positive impact. In a company, people may be focused on so many different things that they forget to interact. Creative people tend to expand their roles and look for goods and services in different locations, which can be the cause of a mission creep. Hence, having constant close interaction between supply chain and tax allows for changes in functionality to be documented and implemented into the organizational framework.
Elements of a Tax-Efficient Supply Chain
Tom and Tracy discuss the elements of a tax-efficient supply chain. This includes:
- Examination of the entire scope of what’s being manufactured and sold to allow the creation of tax opportunities to bring value-based on special purpose entities.
- Coordination of transactions in a supply chain with transfer pricing.
- Compliance with tax laws and regulations.
- Documentation of the process.