Categories
Daily Compliance News

Daily Compliance News: October 27, 2023 – The Forgiven Loan 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:

  • Financial integrity oaths heighten compliance.  (UC San Diego Today)
  • A WPP-detained employee in China was terminated for bribery. (WSJ)
  • How AI is revolutionizing contracts. (FT)
  • More COI at the Supreme Court: the ‘forgiven loan’. (Reuters)
Categories
Trekking Through Compliance

Episode 29 – Operation: Annihilate!

In this episode of Trekking Through Compliance, we consider the episode Operation Annihilate!, which aired on April 13, 1967, Star Date 3287.2.

The Enterprise goes to investigate the planet Deneva. Spock consults the computer and discovers. While approaching the planet, the Enterprise encounters a Denevan ship heading straight for the sun. The pilot flies into the sun, claiming he is finally “free.” On the planet,  a landing party enters a building where they find hundreds of small creatures that look like plastic pancakes. The creatures do not register on the tricorder and are highly resistant to phaser fire. One of the creatures attacks Spock; despite his incredible pain, Spock escapes from the sick bay and attempts to take over the bridge before subduing and tranquilizing. However, he is subsequently able to bring himself under control. He goes to the planet to retrieve a creature for analysis.

An analysis of the alien by McCoy shows it to be a one-cell creature resembling a brain cell. It also seems to be part of a larger organism composed of physically separate parts. McCoy tries to find the agent responsible for killing the creature when the Denevan ship flew into the sun. The Enterprise consequently rings the planet with satellites (at 72 miles altitude), which bathe Deneva in ultraviolet radiation and kill the aliens. Meanwhile, Spock’s eyes recover, and his sight is restored because of the Vulcan inner eyelid.

Compliance Takeaways:
1.     Leadership can require difficult decisions.
2.     Data analytics will be key for compliance professionals going forward.
3.     What is your triage program for internal reporting?

 Resources
Excruciatingly Detailed Plot Summary by Eric W. Weisstein
MissionLogPodcast.com
Memory Alpha

Categories
Blog

Building a Stronger Culture of Compliance Through Targeted and Effective Training: Part 4-A Training Program for 3rd Parties

Welcome to a special 5 part blog post series on building a stronger culture of compliance through targeted and effective training, sponsored by Diligent. Over this series I will visit with Kunal Agrawal, Director of Customer Success at Diligent; Kevin McCoy, Customer Success Manager at Diligent; Jessica Czeczuga, a Principal Instructional Designer; Andrew Rincon, Global Accounts Management Advisor at Diligent; and David Greenberg, former CEO and Special Advisor at LRN and Director at International Seaways. Over this series, we will consider the importance of ongoing communications, the value of targeted training, training third-parties, and the role of the Board of Directors. In this Part 4, we discuss how to put together a training program for third parties with Andrew Rincon.

In today’s global business landscape, third-party compliance training are more crucial than ever. Ensuring that your organization’s distributors, vendors, and other third-party affiliates adhere to necessary regulations can minimize legal and financial risks, protect your company’s reputation, and foster a culture of ethical business practices. As compliance professionals responsible for training these third parties, it’s essential to stay informed about cutting-edge strategies and techniques for effective risk management. This blog will explore practical steps that can be implemented to improve your third-party compliance training and due diligence processes, allowing you to uphold your organization’s regulatory standards and contribute positively to the industry. Here are the steps to get Improved third-party compliance training and due diligence processes.:

1. Assess third-party risk during onboarding.

2. Utilize micro training videos for efficiency.

3. Customize training materials for specific regions.

Assess third-party risk during onboarding. Due Diligence on and assessing third-party risk is not a ‘one size fits all’ process. This critical step allows organizations to identify high-risk distributors, vendors, and other third parties that may pose potential threats to the business in terms of bribery, corruption, and other regulatory violations. By conducting a thorough risk assessment, organizations can effectively mitigate these risks and ensure that they are partnering with ethical and responsible businesses, ultimately fostering a strong culture of compliance throughout their sales or supply chain ecosystem. Moreover, such an approach is critical throughout the lifecycle of the relationship. Rincon emphasized the importance of proactive ongoing due diligence measures, such as automated screenings and monitoring, sending out attestations, and conducting regular training courses.

Effectively educating, resellers, agents distributors and other third-parties on compliance policies and expectations is critical and cannot be overstated. Providing proactive training not only helps in preventing compliance violations but also demonstrates to regulators your organization’s commitment to maintaining high ethical standards. This, in turn, can mitigate penalties in case of inadvertent violations and foster a trust-based relationship with regulatory authorities. By adopting these practices and leveraging technology to automate certain processes, organizations can ensure that they are partnering with ethical third parties, minimize their exposure to regulatory risks, and foster a strong culture of compliance across their entire network. By doing so, they not only protect their businesses from potential harm but also contribute to a more transparent and ethical global marketplace.

Utilize micro training videos for efficiency. In the field of compliance, training third parties remains a critical aspect of managing and mitigating risks associated with regulatory and legal frameworks such as the Foreign Corrupt Practices Act (FCPA). With the increasing need for efficient and effective compliance processes, it becomes essential for compliance professionals to employ innovative strategies to achieve their objectives while minimizing disruptions to business operations. By leveraging this method, companies can ensure that their distributers and internal client gatekeepers receive consistent and easily digestible information, enhancing their understanding of compliance policies and expectations.

Rincon said that by breaking down complex topics into easily understandable portions, micro training videos enable organizations to communicate the essential aspects of their compliance policies and expectations in a concise and engaging manner. Through the ability to cater to different audiences, these training resources contribute to a more comprehensive approach towards addressing third-party risk. The adoption of micro training videos as a tool for third-party compliance education serves an essential purpose for compliance professionals. By incorporating this method, companies can enhance their third-party risk management processes and ensure that their partners are aware of the applicable legal and regulatory frameworks. This leads to improved adherence to compliance policies, reduced likelihood of violations, and overall risk mitigation.

Customize training materials for specific regions. Effective third-party compliance training often involve the customization of training materials for specific regions. This ensures that the training is relevant, relatable, and impactful for third parties, taking into account regional differences, languages, and sensibilities. Customizing training materials also fosters a deeper and more nuanced understanding of the compliance policies and expectations towards each party, thereby mitigating the risks associated with inadequate understanding or implementation of compliance standards. Furthermore, cultural sensitivities and regional variations can be taken into account when designing training, ensuring a more engaging and effective learning experience for the target audience.

Rincon micro-training video shorts can be easily customized for different regions and translated into multiple languages. With such versatile tools, compliance professionals can promote clear and concise messaging to their third-party partners, thus reinforcing the importance of compliance policies and due diligence throughout the duration of the business relationship. Customizing compliance training materials for specific regions not only makes the training more effective, engaging and relevant but also supports robust risk management and streamlined third-party due diligence processes.

For compliance professionals dedicated to training third parties, the effectiveness of your compliance and due diligence processes plays a significant role in safeguarding your organization from potential risks. The steps discussed, including customizing training materials for specific regions, agents, reseller, distributors and other business parnters on compliance policies and using technology to track irregularities, can greatly enhance your efforts to ensure that your third parties meet and maintain compliance expectations. With diligent application of the guidance provided, you can foster a well-informed and compliant network of third parties, ultimately ensuring your organization’s ongoing success.

For more information go to http://diligent.com/compliancetraining.

Join us tomorrow where we review the role of the Board of Directors in a compliance regime.

Categories
Creativity and Compliance

Lawyers, Guns & Money


Where does creativity fit into compliance? In more places than you think. Problem-solving, accountability, communication, and connection – they all take creativity. Join Tom Fox and Ronnie Feldman on Creativity and Compliance, part of the Compliance Podcast Network. In this episode, Tom and Ronnie begin a short series on provocative statements on compliance training and communications, followed by discussion. In this episode, Tom channels his inner Warren Zevon to explore lawyers, guns and money as an introduction to targeted, focused training using real stories.
Resources:
Ronnie Feldman (LinkedIn)
Learnings & Entertainments (LinkedIn)
Ronnie Feldman (Twitter)
Learnings & Entertainments (Website)
60-Second Communication & Awareness Shorts – A variety of short, customizable, quick-hitter “commercials” including songs & jingles, video shorts, newsletter graphics & Gifs, and more. Promote integrity, compliance, the Code, the helpline and the E&C team as helpful advisors and coaches.
Workplace Tonight Show! Micro-learning – a library of 1-10-minute trainings and communications wrapped in the style of a late-night variety show, that explains corporate risk topics and why employees should care.
Custom Live & Digital Programing – We’ll develop programming that fits your culture and balances the seriousness of the subject matter with a more engaging delivery.
Tales from the Hotline – check out some samples.

Categories
This Week in FCPA

Episode 281 – the Bags of Cash edition


Tom takes a solo turn to look at some of the week’s top compliance and ethics stories this week in the Bags of Cash edition.

Stories

1.     Why subcontractors continue to cause FCPA grief. Dick Cassin the FCPA Blog.
2.     More on the Strategy on Countering Corruption. Tom takes a deep dive in a 5-part blog post series in the FCPA Compliance and Ethics Blog. Mike Volkov in Corruption Crime and Compliance.
3.     Neil Hodge says non-US companies should beware in Compliance Week(sub req’d).
4.     What next Brazilian President must do re: ABC.  Marcelo Cerqueira in GAB.
5.     Yet another son of ex-Panamanian President pleads guilty. Rick Vanderford in WSJ Risk and Compliance Journal.
6.     NatWest took bags of cash for deposits. $341MM in fines later.  Dylan Tokar in WSJ Risk and Compliance Journal.
7.     How CCOs use guidance from DOJ? Matt Kelly in Radical Compliance.
8.     Should you fall on your sword? Calvin London in CCI.
9.     Sustainability not universal. Lawrence Heim in PracticalESG.
10.  McDonalds claws back CEO severance. Heather Haddon in WSJ.

 Podcasts and Events

11.  Are you exasperated? Then check, F*ing Argentina. In this podcast series co-hosts Tom Fox and Gregg Greenberg, author of F*ing Argentina explore the current American psyche of being overworked, over leveraged, overtired and overwhelmed. Find out about modern America’s exasperation with well…exasperation. In our final episode, we wrap up what we learned from the series.
12.  In November on The Compliance Life, I visit with Matt Silverman, Director of Trade Compliance at VIAVI. Matt is the first Trade Compliance Director I have hosted on TCL. In Part 1, Matt details his academic career and early professional life. In Part 2, Matt moves into trade compliance.
13.  The Compliance Podcast Network welcomes Professor Karen Woody and her new podcast, Classroom Insider. In this most unique pod, Karen interviews some of her student to tell the history of insider trading. Check out Episode 2, the disclosure or abstain rule.
14.  The Shout Outs and Rants of Everything Compliance gets its own iTunes show. Everything Compliance has its first-year end review episode.
15.  On Hidden Traffic, Gwen Hassan hosts Andrew Wallis, head of Unseen UK.
Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.