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Tariff Week, Part 1 – Navigating Uncertainty: The Compliance Professional’s Guide to Trump’s Tariffs

This week, we will examine the macroeconomic implications of President Trump’s recent tariff hikes and suspensions, a critical issue reverberating across boardrooms globally. Business leaders and compliance professionals are grappling with navigating this unprecedented landscape, and understanding the nuances of this evolving situation is crucial for corporate strategy and compliance preparedness. Today, we will take a macroeconomic view.

Last week, President Trump dramatically escalated tariffs on U.S. trading partners, elevating the average effective tariff rate to approximately 23%. This sharp increase has left markets reeling and businesses scrambling to adapt. Just as quickly (within 48 hours), he brought the tariffs back to their original amount by suspending them. This situation illustrates the growing complexity and volatility that executives must manage, highlighting the vital role that corporate compliance teams play in preparing businesses for macroeconomic shocks.

I was therefore interested in a recent Harvard Business Review article entitled Understanding the Global Macroeconomic Impacts of Trump’s Tariffs by authors Philipp Carlsson-Szlezak, Paul Swartz, and Martin Reeves. In this article, they considered how Trump’s tariff imposition and roll-back moves “have jolted markets and thrust business leaders into deep uncertainty. Developing a better understanding of tariffs’ primary and secondary macroeconomic effects and any plausible long-term consequences will allow executives to assess the impact on their markets and businesses continuously. With so much in flux, leaders must ditch rigid plans and build flexible, analytical muscle to navigate this turbulent new landscape.”

At its core, this situation underscores the asymmetrical nature of trade wars. The United States, due to its significant trade deficit, initially seemed well-positioned to engage in targeted trade disputes. However, by initiating a comprehensive, 360-degree trade war affecting virtually all global trading partners simultaneously, the U.S. has dramatically altered the landscape of risk and opportunity. This asymmetry is critical; while the U.S. experiences cumulative impacts from numerous trade disputes, its trading partners face singular impacts from the U.S. alone.

Understanding the primary effects of tariffs requires compliance professionals to differentiate clearly between supply and demand shocks. For U.S. businesses, supply shocks are particularly pertinent. Tariffs, effectively taxes on imports, invariably translate into higher consumer prices, fueling inflation. This scenario is reminiscent of the post-pandemic supply chain disruptions we have navigated, curtailing real incomes and restraining economic growth. Analysts predict these new tariffs could slash U.S. GDP growth by approximately 1.4%, significantly impacting corporate forecasts and strategic planning.

Trade partners face their own challenges. Retaliatory tariffs, already implemented by China and under consideration by others, inflict similar inflationary pressures and consumption downturns, albeit typically on a smaller scale, estimated between a 0.1% to 0.3% GDP reduction. However, demand shocks to these trading partners could be more severe, depending on the price sensitivity of U.S. imports. Countries heavily dependent on the U.S. market, such as Vietnam, might witness GDP contractions exceeding 6%, illustrating the profound impact that tariff-induced demand disruptions can have on certain economies.

Compliance teams must also monitor and prepare for secondary impacts. The five critical secondary channels to watch are confidence erosion, ROI effects, monetary policy errors, diminished competitiveness, and potential new financial and other shocks. Decreased consumer and business confidence could dampen spending, hiring, and investment behaviors. Additionally, while historically not always leading to recession, equity market volatility poses tangible threats to corporate balance sheets and overall financial stability.

Moreover, the tariffs significantly affect competitiveness. Approximately half of U.S. imports consist of production inputs essential for domestic manufacturing, such as steel and machine tools. Increased production costs stemming from tariffs could, therefore, undermine U.S. businesses’ competitive positions globally, an area where compliance teams must remain vigilant and advise on risk mitigation strategies.

The long-term impacts of these tariffs also warrant consideration. The Trump administration aims to reallocate global production to bolster U.S. manufacturing and employment. Unlike the Biden administration’s CHIPS Act, which strategically incentivized high-productivity sectors like semiconductors, the broad scope of Trump’s tariffs risks fostering lower-productivity industries domestically. This shift could crowd out higher-value sectors due to competition for already scarce labor resources, diminishing overall economic productivity and potential.

This scenario demands that compliance professionals embrace continuous learning and adaptability. The volatility and complexity introduced by the tariff situation reinforce the necessity of dynamic analytical capabilities over static compliance strategies. Compliance leaders must ensure their organizations develop robust analytical frameworks to assess and respond continuously to evolving macroeconomic conditions.

Organizations must regularly revisit their risk assumptions, factoring in the potential global reshuffling of trade flows. If major exporters redirect goods previously destined for the U.S. to other markets, it could trigger a broader global trade conflict, requiring compliance officers to adjust corporate risk assessments and response strategies rapidly.

Finally, executives and compliance professionals should approach this situation with a dual lens, balancing tactical short-term responses with strategic long-term considerations. Immediate tactical decisions are necessary, but it is equally critical to analyze potential structural changes in global trade dynamics that may unfold over the coming decade.

Managing macroeconomic uncertainty, such as the ongoing 360-degree trade war, is increasingly becoming an essential competency for compliance professionals. Those who proactively develop sophisticated, agile analytical capabilities will be better equipped to navigate these uncertain waters, providing their organizations with strategic advantage in tumultuous economic conditions.

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The Compliance Frontier the AI Era, Part 1 – Navigating Strategy in the AI Era

Compliance is early in the AI era, and the technology is quickly evolving. Many service providers are introducing AI “copilots,” “bots,” and “assistants” into applications to augment compliance workflows. These compliance tools have been trained on various data sources and possess expansive expertise in many domains. The level of knowledge in these tools is still growing rapidly while the cost of accessing them is decreasing. In an article in the Harvard Business Review (HBR), authors Bobby Yerramilli-Rao, John Corwin, Yang Li, and Karim R. Lakhani posit that shortly, there will be “more advanced “AI agents” equipped with greater capability and broader expertise that will be operating on behalf of users with their permission. Companies that benefit from AI can conduct business more efficiently, innovate more nimbly, and grow with sharpened vision and focus.”

Their article, “Strategy in an Era of Abundant Expertise,” provides crucial insights into how artificial intelligence (AI) transforms the competitive landscape by reshaping how businesses leverage expertise. The authors argue convincingly that we have entered an era defined by two compelling forces: the exponentially increasing volume of knowledge and the dramatically reduced cost of accessing it. Today, we begin a two-part exploration of their article and how their insights apply to compliance. In Part 1, we consider how this transformation in expertise accessibility is fundamentally altering business strategies and operational models. Tomorrow, in Part 2, we will consider their article’s lessons for the compliance profession.

The Transformation of Expertise

At its core, expertise is the deep theoretical knowledge and practical know-how necessary to perform specific tasks effectively. Historically, businesses succeeded by developing unique expertise that differentiated them from competitors. Examples such as Toyota’s mastery of lean manufacturing and Walmart’s superior distribution capability illustrate how critical specialized knowledge has been to corporate dominance.

However, AI is now dramatically changing this traditional paradigm. Today, specialized expertise, once costly and confined within the walls of large organizations, is becoming broadly available at much lower costs. AI-powered tools are emerging as pivotal “copilots,” augmenting human capabilities across numerous business functions. This shift means companies no longer need extensive internal expertise in all areas but can strategically access external AI-powered resources to fill gaps and streamline operations.

The Dual Forces of AI

The authors pinpoint two fundamental forces driving the AI-era transformation: (1) the continuous expansion of global expertise and (2) the decreasing cost of access. These intertwined forces have a profound influence on corporate strategy and organizational structure.

The expanding body of global expertise means businesses now face the impossible task of staying ahead in all relevant knowledge domains. For example, the article highlights biotech firms, where AI applications for drug discovery have surged astronomically, making it impossible for any firm to master all available knowledge independently. Simultaneously, the cost of accessing this ever-growing expertise is plummeting, lowering barriers to market entry and significantly changing competitive dynamics.

Companies such as Instagram and TikTok illustrate this trend vividly. They provide content creators with advanced tools formerly reserved for industry professionals, leveling the playing field and democratizing expertise.

Strategic Implications of AI Adoption

The authors argue convincingly that businesses leveraging AI effectively will see a “triple product” return characterized by more efficient operations, increased workforce productivity, and sharper strategic focus. Specifically, AI enables companies to refine their focus on core strategic activities, using AI-driven solutions to manage non-core functions efficiently.

A notable example is Moderna, which employed AI to create more than 900 specialized internal assistants, dramatically improving the speed and accuracy of business processes across its operations. Such integration of AI significantly raises organizational productivity and effectiveness by automating routine tasks and freeing human expertise for more complex strategic considerations.

Reallocating Resources and Refining Focus

A critical benefit of AI highlighted in the article is resource reallocation toward activities that generate maximum value. Companies can now clearly identify core processes where they excel and leverage AI-powered platforms for support activities. The startup FocusFuel, a manufacturer of caffeinated gummies, effectively demonstrates this approach. By strategically outsourcing non-core activities such as market analysis, packaging design, and logistics to AI-enabled platforms, FocusFuel rapidly established itself, achieving significant revenue growth within months of launch.

This trend signifies a paradigm shift in business operations. Organizations increasingly realize that sustaining competitive advantage means intensifying their efforts in select, strategically valuable areas rather than attempting to excel broadly. This approach enables businesses to achieve greater agility, efficiency, and responsiveness in rapidly evolving markets.

Organizational Change and Cultural Adaptation

The authors emphasize that successfully adopting AI is not merely a technological upgrade; it requires significant organizational and cultural change. Companies must prepare their employees to operate effectively alongside AI tools, embedding AI expertise into everyday processes. This preparation involves substantial investments in training and education, exemplified by Moderna’s successful establishment of an “AI academy,” offering mandatory AI education to all employees.

Furthermore, managing organizational change requires a proactive approach to cultivating internal AI champions who can accelerate adoption and encourage widespread acceptance. Coursera is a leading example, swiftly integrating AI capabilities into multiple operational facets after initially embracing AI for coding tasks. This rapid adaptation showcases the profound impact of investing in technology and human capabilities.

Future-Proofing Strategic Advantages

Companies must continually reassess their strategic foundations as AI continues its rapid advancement. Three critical questions outlined by the authors guide strategic reevaluation:

  1. What UX problems will AI soon allow the users to solve independently? As AI increasingly empowers customers directly, businesses must rethink their value propositions and reinvent user (customer/employee/supplier) interactions.
  2. What existing expertise must companies evolve to remain ahead of advancing AI capabilities? As AI matches or surpasses human capabilities in numerous tasks, companies must strengthen inherently human competencies such as empathy, creativity, and strategic judgment to differentiate themselves effectively.
  3. What strategic assets can companies leverage to maintain competitive advantages against advancing AI? Businesses must identify durable sources of advantage less susceptible to AI disruption, such as strong brand identities, deep customer relationships, proprietary physical assets, or potent network effects.

These questions illustrate the strategic depth required to successfully navigate the evolving AI landscape. They underline that the future will reward companies leveraging unique human capabilities and durable competitive advantages alongside AI expertise.

Embracing the AI-Driven Future

Ultimately, the article provides an incisive and timely exploration of the strategic implications of AI’s ascendancy. Companies facing today’s competitive realities must recognize AI’s transformative power and strategically integrate it into their operational and competitive frameworks.

For compliance professionals, whose effectiveness increasingly depends on understanding broader strategic developments, grasping these AI-driven shifts is vital. The emerging landscape characterized by abundant and accessible expertise demands a strategic response that embraces the combined strengths of AI and uniquely human insights.

As businesses move forward in this transformative era, the organizations that adeptly balance AI-driven operational efficiencies with strategic differentiation will undoubtedly emerge as leaders in their respective markets. The insights provided by the authors serve as a compelling call to action for all professionals, compliance included, highlighting the strategic imperative of integrating AI effectively to thrive in the rapidly evolving future of business.

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Building Trust in AI with Blockchain: A Compliance Perspective

Artificial Intelligence (AI) has rapidly become a key driver of business decision-making across industries, from financial services to healthcare. Yet, despite its enormous potential, AI remains a “black box” that raises serious concerns about transparency, accountability, and fairness. According to Pew Research, 52% of Americans are more concerned than excited about AI, while only 10% express enthusiasm. This trust deficit presents a critical challenge for compliance professionals: how can organizations demonstrate responsible AI use and ensure compliance with evolving regulatory expectations?

I was therefore intrigued to read a recent article in the Harvard Business Review by Scott Zoldi and Jordan T. Levine entitled, Using Blockchain to Build Customer Trust in AI. Their response to this quandary was to look at FICO, a leader in financial analysis and ratings, which developed a private blockchain that automated documentation and standards in model development. FICO’s approach leaned directly into a series of strategies used by compliance professionals.

The Compliance Challenge of AI

AI’s ability to analyze vast amounts of data and generate predictions is its greatest strength and its most significant liability. Machine learning models can reinforce biases, lack interpretability, and operate without clear accountability. Compliance professionals must address these challenges head-on by ensuring that AI models are:

  • Interpretable: Customers and regulators need to understand how AI models make decisions.
  • Auditable: Organizations must maintain detailed records of AI development and deployment.
  • Enforceable: Compliance teams need mechanisms to ensure adherence to ethical AI standards.

Without these three pillars, AI risks becoming a compliance nightmare that could lead to regulatory penalties, reputational damage, and loss of customer trust.

Blockchain ensures that AI models are developed following internal guidelines and regulatory requirements. Every modification to the model, from data selection to algorithmic tuning, is permanently recorded, making it easier for compliance officers to track decisions and pinpoint the cause of any discrepancies. This immutable nature benefits industries with strict regulations, such as finance and healthcare, where audits and regulatory reviews are routine.

Additionally, blockchain helps prevent unauthorized alterations by requiring cryptographic verification before changes are accepted into the system. Any attempt to introduce bias, manipulate datasets, or adjust algorithms must be documented and approved transparently. This enhances accountability and strengthens organizational trust in AI.

Blockchain’s integration into AI governance fosters cross-functional collaboration between compliance, legal, and data science teams. Using a single, tamper-proof source of truth, organizations can streamline communication and ensure that AI-related decisions align with corporate policies and industry standards. This collaborative approach mitigates risks and reduces inefficiencies, allowing businesses to innovate responsibly while maintaining regulatory compliance.

For compliance professionals, blockchain provides an operational framework supporting continuous AI model monitoring and improvement. It facilitates real-time oversight, allowing organizations to identify potential compliance risks before they escalate into regulatory violations or reputational damage. As AI technology evolves, blockchain’s role in governance will likely expand, offering even greater opportunities for secure, transparent, and ethical AI development.

Blockchain: A Path to AI Accountability

Blockchain technology offers a potential solution by providing an immutable, transparent record of AI model development and decision-making. The authors reviewed FICO’s adoption of blockchain. They learned, “Making this system work was less a tech challenge than a people one. They learned it was important to start with standards, then develop the tech; that making the system user-friendly was non-negotiable; that it was essential to iterate on quick wins; that they had to build repositories to hold large AI assets in alternate storage; and that they needed capable IT teams to handle the maintenance demands of this system.”

By moving from traditional documentation methods (such as Word documents) to a private blockchain, FICO:

  • Reduced model support issues and recalls by over 90%.
  • Created a single source of truth for AI model development.
  • Ensured absolute adherence to AI governance standards.

Blockchain’s ability to create an auditable trail of every change, test, and decision made during AI model development provides a powerful compliance tool. Unlike conventional documentation, blockchain prevents unauthorized changes and ensures compliance teams can verify AI decisions long after they are made.

Beyond compliance, blockchain enhances the efficiency of AI governance by automating tracking mechanisms that reduce administrative burdens. Traditionally, managing AI development required extensive oversight, documentation, and verification processes, often prone to human error or oversight. By leveraging blockchain, organizations can automate this oversight, ensuring that model updates, training datasets, and algorithmic adjustments are securely recorded in a tamper-proof ledger. This improves compliance and accelerates AI innovation by reducing bottlenecks in model validation.

Additionally, blockchain’s transparency enables better cross-functional collaboration between compliance officers, data scientists, and IT security teams. Instead of relying on disparate documentation and periodic audits, stakeholders can access a real-time, immutable ledger of AI development activities. This fosters greater accountability and ensures that AI models align with ethical guidelines, regulatory requirements, and corporate governance policies from inception to deployment.

Blockchain can mitigate risks associated with AI bias and ethical concerns by providing a structured framework for tracking model modifications and testing processes. Any deviation from approved methodologies is recorded, allowing organizations to detect and address potential issues before they impact decision-making. This proactive approach strengthens AI reliability and fosters trust among regulators, customers, and stakeholders who demand greater transparency in automated decision-making processes.

By integrating blockchain into AI governance, organizations gain a robust compliance tool that ensures models are developed responsibly, deployed ethically, and maintained transparently. As regulatory scrutiny around AI continues to grow, adopting blockchain-based governance is not just an operational advantage; it can provide both a strategy and mechanism for maintaining trust and regulatory compliance in the evolving AI landscape.

Key Compliance Lessons from FICO’s Blockchain Approach

1. Standards Must Come First

Before implementing blockchain, organizations must establish clear AI development standards. This includes defining acceptable algorithms, ethical testing methodologies, and regulatory compliance requirements. Without these guardrails, blockchain is just another technology without purpose.

2. User Adoption Requires a Seamless Experience

One of the biggest hurdles in AI governance is ensuring that data scientists comply with established processes. At FICO, blockchain-based AI governance became non-negotiable—developers could not release models without following the blockchain-tracked workflow. Making compliance seamless rather than burdensome is key to adoption.

3. AI Governance Must Be Iterative

FICO’s blockchain approach evolved, starting with small proofs of concept before scaling across its AI development teams. Compliance professionals should take a similar approach, testing blockchain governance in high-risk areas before expanding its use across the organization.

4. Immutable Records Are Key for Regulatory Defense

Regulators are increasingly scrutinizing AI-driven decisions, especially in highly regulated industries such as finance and healthcare. An immutable AI development, testing, and deployment record provides a powerful defense against regulatory inquiries. It also enables organizations to demonstrate compliance rather than scrambling to justify decisions afterward proactively.

5. Blockchain Is a Tool, Not a Silver Bullet

While blockchain enhances AI governance, it is not a substitute for a strong compliance program. Organizations must still conduct rigorous ethical testing, monitor AI performance, and engage with regulators to ensure ongoing compliance. Blockchain should be viewed as an enabler of trust, not a cure-all.

Final Thoughts: The Future of Compliance in AI Governance

As AI becomes more embedded in business operations, compliance professionals must evolve their oversight strategies to keep pace. Blockchain offers a compelling approach to ensuring AI accountability, but it requires careful implementation, clear governance standards, and buy-in from business leaders.

FICO’s success demonstrates that trust follows when AI governance is built on transparency, auditability, and enforceability. Compliance professionals who embrace blockchain’s potential can help bridge the trust gap in AI, ensuring that these powerful technologies are used responsibly, ethically, and in full compliance with regulatory expectations.

For compliance teams, the question is no longer whether AI governance needs to evolve but how quickly organizations can implement solutions that keep AI accountable. Blockchain is one step in the right direction.

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The Compliance Sabbatical

The world of corporate compliance is demanding. It requires constant vigilance, deep ethical reasoning, and navigating ever-evolving regulatory landscapes. Compliance professionals are often the last defense against misconduct, ensuring companies adhere to laws and ethical standards. But with great responsibility comes great stress, and burnout is an all-too-common reality in our field. I was intrigued when I came across a recent article in the Havard Business Review by DJ DiDonna, entitled The Case for Sabbaticals — and How to Take a Successful One.

A sabbatical, defined by DiDonna as an intentionally extended leave from your job-related work, may seem out of reach for many workers. But if you can swing it, the potential payoff is enormous. Taking one could be transformational for your life and career. Research and interviews with more than 250 sabbatical-takers reveal the key attributes that define these breaks, the three distinct sabbatical types, and the hurdles one must overcome to persuade bosses, colleagues, and yourself that it is a good idea. DiDonna makes a compelling argument that stepping away from work for a meaningful period is not simply beneficial; it can be transformative. A sabbatical can be essential for maintaining long-term effectiveness and well-being for compliance professionals who operate under high-pressure conditions.

The Compliance Burnout

Compliance officers work in an environment of constant scrutiny. The stakes are high, and the margin for error is razor-thin. Between managing regulatory risks, conducting investigations, and ensuring ethical corporate behavior, the stress can take a cumulative toll. Research shows that burnout leads to reduced effectiveness, poor decision-making, and even ethical lapses, precisely what compliance professionals are hired to prevent. A sabbatical offers a structured way to step back before burnout reaches critical levels. It allows professionals to reset mentally and physically, returning to work with renewed energy and sharper focus.

Benefits of a Sabbatical

1. Reconnecting with Purpose

One of the most significant benefits of a sabbatical is reassessing professional and personal priorities. Many compliance professionals enter the field driven by a strong ethical compass and a desire to make a difference. However, the daily grind, dealing with corporate bureaucracy, managing regulatory challenges, and sometimes confronting internal resistance can wear down that initial sense of purpose.

A sabbatical provides space to reflect on career goals and reconnect with the motivations that drew one to compliance in the first place. DiDonna’s research highlights that many sabbatical-takers return with a clearer sense of direction, often making strategic career shifts or doubling down on their professional mission.

2. Enhancing Strategic Thinking

Regulatory compliance is a dynamic field. Laws change, enforcement priorities shift, and new risks emerge. Staying ahead requires strategic thinking and adaptability. Yet, when professionals are caught up in the day-to-day pressures of compliance, it can be not easy to see the bigger picture.

A sabbatical can foster deep thinking and learning that compliance professionals rarely have time for. Whether through travel, study, or personal projects, time away from routine responsibilities can lead to fresh insights that improve compliance strategy and risk management upon return.

3. Cultivating Resilience and Creativity

Innovation isn’t a word often associated with compliance, but the best compliance programs thrive on creative problem solving. How do you foster a speak-up culture? How do you implement effective training that resonates with employees? How do you navigate gray areas where the law is ambiguous?

Time away from work stimulates creativity, especially when spent in new environments or pursuing new experiences. Compliance officers who take sabbaticals often return with novel approaches to training, policy implementation, and risk assessment.

Practical Steps to Make a Sabbatical Work

Despite the benefits, many compliance professionals hesitate to take a sabbatical. They worry about job security, financial implications, and how their absence might impact their organization. However, with careful planning, a sabbatical is more feasible than most professionals realize.

  1. Plan Ahead: A sabbatical does not have to mean quitting your job. Many organizations offer formal sabbatical programs, even those that do not may accommodate unpaid leave for valued employees. The key is to plan early and present a business case for how your time away will ultimately benefit the organization.
  2. Set Clear Boundaries: A true sabbatical means fully disconnecting from work. That means no checking emails or staying involved in projects remotely. The point is to create distance, both physically and mentally.
  3. Structure Your Time: A sabbatical should be intentional, whether traveling, volunteering, studying, or simply spending time with family. The goal is not simply to take time off but to recharge through engaging in experiences that provide renewal and perspective.

A Strategic Investment in Longevity

Corporate compliance isn’t a sprint; it’s a marathon. To be effective over the long haul, professionals need to pace themselves. Taking a sabbatical is not a luxury; instead, it is an investment in the longevity of individuals and the organizations they serve. Companies benefit when their compliance teams are engaged, refreshed, and thinking strategically.

If compliance professionals want to avoid burnout, enhance their strategic thinking, and return to work with renewed purpose, they should seriously consider taking a sabbatical. The research is clear: stepping away can make all the difference, even temporarily.

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AI, Process Management, and Compliance

Integrating artificial intelligence (AI) and advanced analytics with robust process management principles can unlock new levels of efficiency and innovation. Mars Wrigley, the global confectionery leader, offers an instructive case study. In an article in the Harvard Business Review entitled, How to Marry Process Management and AI Thomas H. Davenport and Thomas C. Redman wrote that through its strategic deployment of AI to digitize its supply chain and manage operations, Mars Wrigley demonstrates how a systematic approach to process management can achieve significant improvements in operational performance, customer satisfaction, and sustainability.

Mars Wrigley’s success story holds valuable lessons for compliance professionals about aligning technology, data, and governance to enhance compliance frameworks and drive value across organizations.

Digitization and AI: The New Frontier for Process Management

Mars Wrigley began its journey by building a digital twin of its production line and feeding real-time operational data into machine-learning models. The results were striking. The company received predictive insights that reduced overfilling, minimized waste, and optimized supply chain processes. They partnered with vendors like Aera Technology for data visualization and preventive maintenance and with Kinaxis to balance supply and demand, automate invoices, and increase truck utilization by 15%.

This underscores a critical point from a compliance standpoint: Technology can only enhance compliance when processes are well-defined, integrated, and aligned with organizational goals. Compliance officers must recognize the potential of AI to streamline compliance monitoring, enhance risk detection, and reduce manual inefficiencies.

For example, consider AI tools that monitor high-risk transactions or flag anomalies in employee expense reports. When implemented in a robust compliance framework, these tools improve detection rates and allow compliance teams to focus on strategic initiatives rather than routine checks.

The Role of Process Management in Compliance

Process management is about understanding how tasks fit together to create a specific outcome and then optimizing those sequences. Put another way, it is about operationalizing compliance. Whether addressing department-level activities or end-to-end processes, process management principles can yield transformative results when applied to compliance. What are some of the ways process management can do so?

In areas as basic as error reduction, well-managed processes minimize compliance failures by reducing error rates and increasing consistency. A traditional compliance department area is cross-functional coordination with other corporate departments. Effective compliance requires breaking down silos, whether between legal, finance, HR, or operations, and aligning departments toward common objectives.

This approach can also positively impact corporate culture by increasing stakeholder buy-in and employee engagement. Process management often conflicts with hierarchical management structures. In compliance, this tension may manifest when reconciling DOJ mandates with operational priorities in your organization. Persuading stakeholders to prioritize compliance demands strong leadership and effective change management.

AI and Process Management: A Compliance Blueprint

AI supports specific subprocesses within larger workflows, but true transformation occurs when organizations integrate these capabilities across end-to-end processes. For compliance professionals, this is a roadmap for embedding AI into compliance programs.

Step 1: Establish Ownership

Every effective compliance initiative begins with clear accountability. A defined ownership structure underpinned Mars Wrigley’s digital twin success. Compliance programs require similar clarity. Appointing a “compliance process owner” ensures cross-functional alignment, while department-level compliance champions can coordinate implementation.

Step 2: Map and Redesign Processes

Mapping current compliance processes is essential for identifying inefficiencies. Process mining tools, which analyze enterprise system logs to identify bottlenecks, can uncover hidden risks. For instance, tracking the due diligence lifecycle in third-party onboarding can reveal inefficiencies, such as delays in background checks or missed follow-ups.

Redesign efforts should prioritize risk-prone areas, leveraging AI tools to streamline activities like transaction monitoring, policy distribution, and whistleblower case tracking.

Step 3: Define Metrics and Set Targets

Compliance performance must be measurable. Metrics such as incident resolution times, training completion rates, and risk assessment quality should guide process improvements. AI enables real-time metrics monitoring, providing insights that compliance officers can act on immediately. Mars Wrigley’s use of analytics to improve truck utilization offers a parallel for compliance: by tracking resource allocation, compliance teams can reduce unnecessary costs while ensuring optimal coverage of risk areas.

Step 4: Leverage Technology and Data

AI tools such as robotic process automation (RPA) and natural language processing (NLP) are increasingly used in compliance programs to automate routine tasks. RPA can streamline repetitive activities like generating regulatory reports. NLP can analyze large volumes of text, such as contracts or policies, to identify risks or inconsistencies.

Compliance professionals must also advocate for standardized data practices. As Mars Wrigley’s case illustrates, data silos impede process efficiency. In compliance, inconsistent data can obscure risks, making standardized data governance a cornerstone of effective compliance.

Step 5: Foster a Culture of Continuous Improvement

AI and process management are not “set it-and-forget it” solutions. As Mars Wrigley demonstrated, continuous monitoring and iterative improvements are critical for sustaining gains. This means regularly reviewing and updating AI tools for compliance professionals to address emerging risks and regulatory changes.

Lessons for Compliance Professionals

Mars Wrigley’s journey highlights several key takeaways for compliance leaders:

  1. Invest in AI Thoughtfully. Technology is not a silver bullet. Its effectiveness depends on how well it integrates with and supports compliance processes.
  2. Adopt a Holistic View of Compliance. Compliance risks rarely confine themselves to one department. Breaking down silos through cross-functional process management improves visibility and reduces risk.
  3. Prioritize Data Governance. High-quality, standardized data is essential for both AI and compliance. Without it, even the best tools cannot deliver meaningful insights.
  4. Embrace Change Management. As with Mars Wrigley’s digital transformation, compliance process improvements require buy-in from leadership and employees.

The Compliance Call to Action

Compliance has been reactive for too long, focusing on addressing failures rather than preventing them. Integrating AI into process management offers an opportunity to shift that paradigm. By combining the best of technology and process management, compliance programs can reduce risk and enhance business value.

Mars Wrigley’s success story reminds us that the tools and strategies to transform compliance are available—but the onus is on compliance professionals to lead the charge. Whether through smarter risk management, better stakeholder engagement, or innovative technology adoption, the path forward is clear: process management and AI are not just operational tools; they are the future of compliance.

Now is the time to act. By adopting process management principles and leveraging AI, compliance leaders can build programs that are not only effective but also resilient, sustainable, and aligned with organizational goals. The question is no longer whether compliance should embrace these tools but how quickly they can integrate them into their processes.

By learning from companies like Mars Wrigley, compliance professionals can reimagine their programs, aligning them with the business’s needs while staying ahead of regulatory requirements.

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Overcoming AI Resistance for Corporate Compliance Professionals

Artificial intelligence (AI) presents a paradox for corporate leaders. On one hand, its potential is undeniable: in a 2023 Gartner survey, 79% of corporate strategists deemed AI, automation, and analytics critical to their success. Yet, only 20% actively use AI in their daily activities. The gap between intention and action speaks volumes, especially in compliance, where AI offers unprecedented opportunities to manage risk, enhance efficiency, and ensure adherence to regulations. In a recent Harvard Business Review Article entitled Why People Resist Embracing AI, Julian De Freitas reviewed this issue and provided some ways to think through how to respond.

Despite its promise, AI adoption is hindered by human skepticism. Concerns range from fears of job loss to distrust in AI’s capacity for ethical decision-making. For compliance professionals, understanding and addressing these barriers is vital for leveraging AI to strengthen compliance programs and drive corporate integrity. In this blog post, I want to explore these challenges and how compliance leaders can overcome them. I have adapted Freitas’ article for the compliance professional.

The Five Barriers to AI Adoption in Compliance

  • AI’s Opacity: The “Black Box” Problem

Many employees resist AI because it operates as an inscrutable “black box,” offering conclusions without clear explanations. This lack of transparency can be a deal-breaker for compliance teams, as accountability is paramount in regulatory environments. How can an algorithm flag a suspicious transaction or identify potential bribery risks without explaining its rationale?

Compliance leaders should prioritize AI tools that offer clear, comparative explanations to overcome this barrier. For instance, instead of stating that a third-party transaction was flagged as high risk, the system should explain why, perhaps because of discrepancies in invoice patterns or connections to sanctioned entities. Such insights enhance trust and empower teams to make informed decisions.

Start small. Introducing simpler AI models before scaling to more complex ones can build confidence. Much like Miroglio Fashion’s approach to demand forecasting, a pilot program allows teams to familiarize themselves with AI and see its benefits before adopting more advanced systems.

  • AI Is Perceived as Emotionless

Compliance often involves navigating complex, human-centric issues, such as whistleblower reports, triage, Institutional Justice/Fairness, or ethical dilemmas. Many employees doubt AI’s ability to handle such subjective tasks, viewing it as emotionless and rigid. While AI can process vast amounts of data, can it understand the nuances of a whistleblower’s complaint or the subtleties of cultural differences in compliance?

Here, framing matters. Compliance leaders should emphasize AI’s ability to provide objective insights while leaving subjective decision-making to human professionals. For instance, AI can flag patterns in expense reports suggesting potential fraud, but the decision to investigate remains with compliance officers.

Anthropomorphizing AI tools can also make them more relatable. Tools like Amazon Alexa, with humanlike names and voices, have shown that users are more willing to interact with AI when it feels approachable. However, tread carefully in sensitive contexts, such as investigations, where a less personalized AI may feel less intrusive. Always remember the Human-in-the-Loop.

  • AI’s Perceived Rigidity

A common misconception about AI is that it cannot adapt or evolve. For compliance professionals, this rigidity could mean AI systems are seen as inflexible, unable to account for unique organizational contexts or evolving regulatory landscapes.

To address this, emphasize AI’s learning capabilities. Tools that improve over time, such as those that adapt to new fraud schemes or regulatory updates, mainly through large language models, can demonstrate AI’s ability to evolve alongside the business. Netflix’s content recommendations, for example, continuously improve based on user behavior. Compliance systems should follow suit, showcasing how AI refines its processes to meet organizational needs better.

At the same time, compliance leaders must balance flexibility with predictability. Highly adaptable AI systems can introduce risks if they deviate too far from expected outcomes. Regular monitoring and safeguards are critical to ensure the system operates within defined ethical and regulatory boundaries.

  • Fear of Loss of Control

AI’s autonomy often feels threatening, particularly in compliance, where human judgment is paramount. Employees may worry that AI will override their expertise or act independently in ways that could jeopardize compliance efforts. For example, an AI tool autonomously approving transactions without human review might lead to unchecked risks.

The solution? Implement human-in-the-loop systems, where AI supports decision-making rather than replaces it. Nest’s smart thermostat, which allows users to switch between manual control and automation, is an excellent analogy. In compliance, this could mean using AI to flag risks while leaving final decisions to compliance officers. Such hybrid models restore employees’ sense of agency while ensuring AI enhances rather than undermines human oversight.

  • Preference for Human Interaction

Compliance is inherently relational. Building trust, navigating cultural differences, and addressing employee concerns require human empathy—qualities many believe AI lacks. Resistance to AI often stems from the belief that humans are better equipped to handle nuanced interpersonal issues.

While AI cannot replicate human empathy, it can support human efforts. For example, generative AI can analyze patterns in hotline reports to identify systemic issues, allowing compliance officers to focus on building relationships and fostering a speak-up culture. Framing AI as a tool that amplifies human capabilities rather than replacing them can help reduce resistance.

Strategies for Driving AI Adoption in Compliance

  1. Start with Transparency. Be upfront about what AI can and cannot do. Educate employees on how AI systems work, their limitations, and the safeguards to prevent misuse. Transparency builds trust and encourages collaboration.
  2. Focus on Small Wins. Demonstrating tangible benefits through pilot programs can win over skeptics. For instance, AI can automate low-risk tasks like policy distribution or routine transaction monitoring. Success in these areas can pave the way for broader adoption.
  3. Prioritize Training and Support. AI adoption requires investment in employee training. Equip teams with the skills to use AI tools effectively and provide ongoing support to address questions or concerns. Mercedes-Benz’s Turn2Learn initiative offers extensive AI training and is a model worth emulating.
  4. Align AI with Ethical Standards. Compliance professionals must ensure AI systems align with the organization’s values and ethical standards. Regular audits, bias checks, and transparent reporting can reassure stakeholders that AI is being used responsibly.
  5. Measure and Iterate. Establish clear metrics to evaluate AI’s impact on compliance processes. Use these insights to refine the system, addressing pain points and enhancing effectiveness.

AI in Compliance: A Strategic Imperative 

AI’s potential to revolutionize compliance is immense. From automating routine tasks to identifying emerging risks, it can make programs more efficient, proactive, and resilient. However, realizing this potential requires more than technology; it demands a cultural shift.

Compliance leaders must champion AI adoption by addressing psychological barriers and demonstrating its value. Organizations can harness AI to strengthen compliance and drive business success by prioritizing transparency, fostering trust, and empowering employees. As the Gartner survey reminds us, AI is not just a tool for the future—it’s a strategic imperative for today. The question isn’t whether to adopt AI but how to do so in a way that aligns with organizational goals and values. For compliance professionals, the path forward is clear: embrace AI, empower your teams, and lead the charge toward a more efficient, ethical, and innovative compliance landscape.

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Reimagining Compliance as a Product

In the modern corporate environment, compliance must transcend its traditional role as a set of rules and regulations. Instead, it should be reimagined as a product—something employees actively choose to engage with daily. Inspired by product design principles, this approach positions compliance as a value-driven offering that meets employee needs while supporting organizational integrity.

In an HBR article entitled Reimaging Work as a Product, authors Eric Anicich and Dart Lindsley ask if there is a better way to approach the employee experience. The authors challenge traditional paradigms by proposing that work be viewed as a product employers offer employees. They advocate that reimagining work as a product addresses the disengagement and dissatisfaction rampant in the workforce and aligns employees’ needs with organizational goals. I have adapted their piece for a compliance audience.

This concept is about something other than making compliance easier. Instead, it is about making it indispensable and aligned with employee motivations. By redesigning compliance as a product employees “purchase” with their engagement, compliance professionals can enhance participation, foster a culture of ethics, and drive long-term success.

It all begins with why compliance must be seen as a product to be delivered inside an organization. Compliance often needs help to capture employee attention. Mandated training modules and periodic policy updates can feel disconnected from day-to-day work. Employees may view compliance as a checkbox task rather than a meaningful element of their roles. Yet, disengaged employees pose significant risks, from regulatory violations to ethical breaches.

Reimagining compliance as a product addresses these challenges. Like any successful product, compliance should do such things as (1) solve employee pain points, (2) offer clear and personalized value, and (3) foster ongoing loyalty and engagement. How can compliance move to this approach or at least be seen?

The Product Design Approach to Compliance

  • Understanding Why Employees “Hire” Compliance.

Drawing on Clayton Christensen’s Jobs to be Done theory, employees engage with compliance to fulfill specific personal, professional, or organizational needs. Some examples of compliance jobs are reducing risk for a corporation and its employees, as everyone wants protection from liability or disciplinary action. Compliance enables growth and profitability, as more effective compliance = more efficient business process = greater profitability. Finally, compliance aligns with the values of almost all employees, as they want a workplace that mirrors their ethics.

This approach has another benefit for the compliance function. It requires an assessment of your organization from a cultural perspective. In the 2024 ECCP, the DOJ made clear that companies must use data to help manage their corporate culture. The information gleaned will also help the corporate compliance professional understand what the employees want and need from a compliance solution. You can use these insights to craft messaging that positions compliance as a solution to their unique challenges.

  • Segmenting Compliance Customers

Not all employees interact with compliance in the same way. Tailoring the compliance product to different groups ensures it resonates broadly. Just as the DOJ mandates tailored training and communications, you can tailor the delivery of compliance solutions for your employees. This can include using the Customer Segments in your organization, such as new employees, who will need a greater foundational understanding of policies and reporting channels. For managers, it could require advanced training on fostering ethical cultures, monitoring compliance, and learning how to the first intake in a speak-up culture. Finally, there will be employees in your organization who, because of their specialized roles, will require targeted knowledge, such as export controls for logistics teams or anti-bribery rules for sales.

The compliance professional can work to create tiered compliance offerings. For instance, beginner courses for new hires, role-specific modules for specialists, and leadership workshops for managers. This is also true for the targeted communications you use on a more regular basis for employees. For instance, more communications on facility payments could be a useful service for employees who travel internationally.

  • Balancing Employee Needs with Compliance Requirements

While compliance professionals must meet regulatory demands, they can still design programs that respect employee time and preferences. There are some easy ways for a compliance professional to not only think about this step but also act on it. You can consider the modular design of your compliance training by breaking it into smaller, digestible segments that employees can complete at their convenience. Interaction can also drive engagement, so consider using interactive formats such as gamification, simulations, or role-playing to make compliance training engaging and memorable.

Your first step should be to use analytics to identify bottlenecks in compliance processes. If employees find certain tasks burdensome, redesign them with user-friendly tools or workflows. From there, take the information and craft a solution that meets the users’ needs, not just those from the compliance department. As Carsten Tams continually reminds us, it’s all about the UX.

Measuring the “Success” of Compliance as a Product

Successful products are evaluated by customer satisfaction and retention. Similarly, compliance success should be measured by how effectively it engages employees and fosters a culture of ethics. As Megan Daugherty also reminds us, it is about the numbers. So, what are your metrics for compliance engagement? What are your adoption rates? How many employees complete optional compliance training or use reporting tools? Equally important are your retention rates. You must determine if your company’s employees consistently follow compliance protocols. Finally, go outside the box with something like the Net Promoter Score (NPS), which helps you determine how likely employees are to recommend their company’s compliance program to peers.

There are multiple tools you can use for feedback. You can use a Pulse Survey, which gauges employee perceptions of compliance processes. You can use Focus Groups to explore pain points and opportunities for improvement in depth. You can use behavioral data garnered through monitoring adherence to compliance requirements through key performance indicators (KPIs). Finally, tools such as the Culture Audit can provide both a benchmark and framework to help compliance professionals understand the state of their culture and how to assess and improve it.

Addressing Challenges in Compliance Product Design

There will be challenges in taking this approach. Some key (and early) challenges will include overcoming resistance, particularly from employees who view compliance simply as an obligatory burden. Yet framing compliance as a resource, not a restriction, highlights how it protects employees, supports their career goals, and aligns with organizational values. Another employee concern could be balancing personalization with fairness, as some employees might view personalized compliance experiences as creating perceptions of favoritism. The solution should be to set clear criteria for personalization, such as role-specific training requirements, and communicate them transparently to avoid misunderstandings.

Finally, the biggest challenge will be to change the Tone at the Top by shifting your senior leadership’s mindsets. Typically, senior management prioritizes short-term goals over longer-term compliance initiatives. Here, you can quantify the value of compliance. For example, demonstrate how ethical lapses affect revenue, reputation, and employee retention to gain leadership buy-in.

Practical Steps for Redesigning Compliance as a Product

You should begin mapping the compliance journey by identifying key touchpoints, such as onboarding, annual training, and reporting. From there, look for pain points where employees disengage and redesign those interactions. Feedback loops can be useful to share survey results with employees to show that their input shapes compliance initiatives. Compliance Champions can work to empower managers and ethical leaders to advocate for compliance within their teams. Always remember to celebrate employees who model ethical behavior as brand ambassadors for compliance. Finally, in 2024, leverage technology by implementing AI-driven dashboards to monitor real-time compliance risks and engagement. Another key tool is chatbots, which provide instant answers to employee compliance queries.

Building a Compliance Product Employees Choose Daily

Reimagining compliance as a product transforms it from a mandate into a partnership. Compliance can become a trusted ally in the workplace by delivering value, fostering engagement, and respecting employee needs. This approach not only enhances compliance outcomes but also strengthens the ethical fabric of the organization. So, as Carsten Tams says, It’s all about the UX: are you treating compliance as a product employees want to engage with? The time has come to innovate compliance for the modern workplace, making it a cornerstone of trust, integrity, and success. Work to build a compliance program employees want to subscribe to every day.

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Assessing and Aligning Your Corporate Values

One of concepts enshrined in the Monaco Memo is that the Department of Justice (DOJ) will assess corporate culture for any company that may find itself under investigation for Foreign Corrupt Practices Act (FCPA) violations. This enshrinement is not exactly new as Deputy Attorney General (DAG) Lisa Monaco announced this new DOJ focus in October 2021 in her speech to the ABA White Collar Bar Conference. The parameters of how the DOJ will assess culture are still being worked out but Chief Compliance Officers (CCOs) and compliance professionals need to be considering this issue in the context of their own compliance programs and corporate culture in case the DOJ ever comes knocking. Over the next several blog posts, I will be exploring how a corporate compliance function can assess, monitor and improve your corporate culture.

We begin with assessing your corporate values and then aligning them within your organization. In a recent Harvard Business Review (HBR) article, entitled What Does Your Company Really Stand For?, authors Paul Ingram and Yoonjin Choi explored these and other issues. I have adapted their work for the compliance professional. The authors believe that corporate values are more critical then ever.

New technologies, the lingering effects of the Covid-19 pandemic and the continued fallout from the Russian invasion of Ukraine have forced companies to “reassess what they value in their relationships with their employees, their customers, and even their societies… Across industries and sectors, companies have been forced to ask themselves, “What do we stand for?” and “What binds us to one another and to the community?” Through their research, the authors discovered, “They discovered that when a company’s official values match those of its employees—a situation they call values alignment—the benefits include higher job satisfaction, less turnover, better teamwork, more-effective communication, bigger contributions to the organization, and more-productive negotiations, not to mention more diversity, equity, and inclusion.”

The authors developed a five-step approach for values alignment. The first step is to identify the values within your employee base and create what they call a “values structure” which represents “the eight values that are most significant for each individual and the interdependencies that person perceives among them. For example, someone might believe that pursuing excellence will help satisfy the value of achievement.” Step two is to identify key priorities from strategy to determine “What is the most important thing the organization can do to achieve its strategy?” This determination will allow you align your official values with your organization’s mission.

The next step is to wed values that serve both the organization and its employees. Here you can use a group or groups of employees to make these connections to create value statements based upon the outputs from steps one and two. You may create many value statements, but these can be refined down. The authors note, “values alignment does not require exact matches; someone who identifies achievement as an individual value is likely to feel aligned with a similar organizational value—say, accomplishment. So you have some flexibility in creating your potential value statements.”

Next, in step four, you should begin the assessment process. Here try to be as wide and inclusive as possible. The authors state, “any member of the organization whose input is significant to its ultimate success should be invited to weigh in.” The benefits are clear as the more employees and other stakeholders involved, the wider the engagement will be going forward. This will lead to greater buy-in at the end of the day as well. The fifth and final step is to generate a final list of organizational values. In this process, senior management may become more involved.

The authors concluded their article by noting, “when properly aligned, values are powerful. They serve your strategy and provide your employees with authentic connections, and in so doing they create a foundation for better group performance and higher personal satisfaction. But values are not magic. They don’t become real or effective just because you announce them to your organization in a town hall meeting or etch them into marble at HQ. If you want to enjoy their benefits, you need to work with everybody in your organization to identify and align them. That requires the kind of careful attention and hard work that we’ve described in this article. We can assure you that it’s worth it.”

From the compliance perspective, the protocol the authors have set out can be quite useful. Recognizing that values are but one part of an overall corporate culture, this gives you a mechanism to think through how to begin an overall assessment of your organization. Values do make a portion of an overall culture. Through the engagement advocated herein, you can not only get a good reading on such key values as trust and respect, but, more importantly, learn how to incorporate them as overall assets into your corporate culture.

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Principals of Effective Organizations: Part 2 – Olivia Newton-John and Operationalizing Compliance

We also lost someone Monday who was a cultural phenomenon for many decades, Olivia Newton-John, the beautiful Australian singer who burst on the US scene in 1974. She is probably best known as the heartthrob Sandy in the movie version of Grease where she put the singer’s chaste image behind her. According to her New York Times (NYT) obituary, “her character, Sandy, transformed from a pigtailed square smitten with John Travolta’s bad-boy Danny to a gum-smacking bad girl. “Grease” became one of the highest grossing movie musicals ever, besting even “The Sound of Music.” Its soundtrack was the second best-selling album of the year, beaten only by the soundtrack for “Saturday Night Fever,” which also starred Mr. Travolta.” If you can watch Grease without singing along, you are probably dead.

For my personal tribute I will quote a Facebook post from my friend Bill Dyer who I have known since 1976 when he was my RA at the University of Texas. Dyer penned the following, “In the summer of 1974, before my senior year at Lamesa High School, I was a full-time DJ at KPET-AM. Olivia Newton-John’s “If You Love Me, Let Me Know” album had come out in May, and we had a promotional copy at the station…The single I was *supposed* to play from this album was the country & western(ish) title song, “If You Love Me, Let Me Know” — consistent with our station’s C&W format. But the track that I personally preferred from the album was this song, I Honestly Love You. The programming director gave me grief about it, and I did indeed also play “If You Love Me, Let Me Know.” But this was THE heart-throb song of the summer. And yeah: It still gets me. Requiescat in pace, Olivia Newton-John. You were jaw-droppingly talented and lovely, and your music will continue to summon forth some of my most vivid memories of my young adulthood.”

We are currently exploring 10 Principles of Effective Organizations, by Michael O’Malley. The author identified 10 research-backed principles from the field of organization development to guide companies and I have adapted them for the compliance professional. Yesterday in Part 1, we took up his first five, focusing on the Chief Compliance Officer (CCO), and today we conclude with his final five, focusing on operationalizing your compliance program.

Diversify your workforce — and create an inclusive environment

 Every CCO should be modeling diversity, but the author makes clear the benefits of diversity, noting “Complex tasks require a diverse mix of viewpoints and abilities to satisfactorily complete.”  For compliance this need will only grow with the need for a diversity of subject matter expertise (SME) in a corporate compliance function, including compliance, legal, behavioral psychology and behavioral organization, data scientist and a host of others.

Compliance functions in 2025 and beyond will “require large numbers of different agents to enhance system reliability and resilience.” In addition to the diverse workforce and discipline need for any compliance program, you should consider diversity of citizenship so that not all your compliance talent is from the domicile from your home country. You should also consider bringing other corporate disciplines into your compliance function on a rotating basis such as sales leaders, senior executives and Human Resource (HR) functionaries as well.

Promote personal growth

Almost stating table stakes in the 2022 corporate world, the author states, “An effective talent management program is one in which a company has a large pool of able, external job candidates, sufficient competent coverage of existing positions, succession plans throughout the organization, and a panoply of support programs: career counseling and development, career planning workshops and vocational assessments, mentoring and coaching programs, and in-house training and educational assistance to augment employees’ career objectives.”

Now take this base line and overlay what the Department of Justice (DOJ) has told us over the years. In theFCPA Corporate Enforcement Policy it states, “The quality and experience of the personnel involved in compliance, such that they can understand and identify the transactions and activities that pose a potential risk;”. This means not simply hiring competent compliance department personnel but also that they continue to grow within the compliance profession by going to conferences and growing professionally in other ways (such as reading blogs and listening to podcasts).

 Empower people

 While many CEO-types believe “the practice of empowerment in organizations is often like a parent handing the keys of a high-performance vehicle to their teenager and hoping, day after day, that the car will return intact.” CCOs and other compliance professionals recognize that empowering not simply your compliance team but indeed your employee base to ‘do compliance’ is a key manner to operationalize your compliance program to make it effective.

Always remember that as a CCO or compliance professional, your customers are your employees, and this can extend to other stakeholders such as key third-party partners. Empower these groups to do compliance and they can become not simply your good friends but also will allow you to move from a detect mode to a prevent mode. This also ties into having a true speak up culture in an organization.

Reward high performers

Here the author focuses on based pay for performance plans for employees. He believes that rewarding high performers can “increase job satisfaction and motivate action and, when appropriately structured, are instrumental in producing environments in which the best help the rest. Indeed, it is common in teams that the top members will lift the performances of good, but less capable, members.”

Yet when you consider rewarding your employee base for doing business ethically and in compliance you should consider the same benefits as a part of your compliance program. The DOJ has long recognized this as far back as the original edition of the FCPA Resource Guide which continues to state in the 2nd edition, “DOJ and SEC recognize that positive incentives can also drive compliant behavior. The incentives can take many forms such as personnel evaluations and promotions, rewards for improving and developing a company’s compliance program, and rewards for ethics and compliance leadership.” So, reward your high performers for doing business ethically within your company’s values in addition to your compliance function personnel who do great work.

Foster a Leadership Culture

Even in 2022, ethics and compliance all starts at the top. The author correctly notes, “Everyone who has worked in an organization knows the affective power of leadership and its effects on culture, both good and bad.” Appropriate tone at the top and a compliance program and function to back up “supportive, inclusive management practices that provide assurances of safety allow people to take reasonable risks, make mistakes, speak up and challenge the status quo, and ask for help and request resources to make improvements” will help your organization going forward.

Senior management who create safe environments encourage “employees to more openly and beneficially interact, learn and grow, display greater creativity, and think of themselves as potent and efficacious actors will reap those benefits. Despite the known value of leadership, organizations frequently show little genuine interest in the quality of leadership by foregoing meaningful assessments and by being far too accommodating of managerial miscreants who may be productive but are toxic to the organization’s culture.”

The author concludes, “Fulfilling these 10 principles is a tall order.” Nonetheless, any CCO who puts these into practice will have a compliance function that should be resilient and able to respond to market or regulatory changes when needed and does business ethically and in compliance through a fully operationalized compliance regime.

Tom’s Top 5 Olivia Newton-John Playlist (all from YouTube)

I Honestly Love You

You’re the One I Want

Summer Nights

Xanadu

Let Me Be There

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Fostering Ethical Conduct Through Psychological Safety: Part 3 – Fixing an Unsafe Workplace

Bill J. Allen died last week. Not familiar with the name? Then check out his New York Times (NYT) obituary. Perhaps outside of Illinois or Ohio, he ran one of the most brazen state legislature corruption schemes around, in the state of Alaska. His power and influence were so great that he was the cooperating witness who brought down a sitting Senator, Ted Stevens, although the Indictment was withdrawn after conviction but before sentencing due to prosecutorial misconduct.
Allen held court at a suite at the Westmark Baranof, a luxury Art Deco hotel four blocks from the State Capitol in Juneau, where he and his cronies “dished out money and told their visitors what they wanted in return. Mr. Allen and his circle seemed to revel in their shamelessness. He and Mr. Smith always booked Suite 604, and Mr. Allen always sat in the same chair. He bragged that he kept $100 bills in his front pocket, the easier to dole them out to friendly politicians. The girlfriend of one politician even had hats embroidered with the letters CBC, for “Corrupt Bastards Club.””
Allen and his brazen corruption schemes seem like a good way to introduce the concluding Part 3 of my series on fostering an ethical culture through psychological safety. This series is based on a recent article in the MIT Sloan Management Review, Summer edition, entitled “Fostering Ethical Conduct Through Psychological Safety” by Antoine Ferrère, Chris Rider, Baiba Renerte, and Amy Edmondson. In Part 1 we introduced the concept of psychological safety and why it is so important to creating an ethical culture in a business. In Part 2, we considered how to determine the state of psychological safety in your organization. Today in Part 3 we consider what happens in an organization where psychological safety is lacking and steps an organization can take to remedy this deficiency.
The authors believe that “when psychological safety is lacking, it may be a consequence of the employee having witnessed unethical behavior.” Moreover, the inversion of psychological safety “correlated to the quantity of unethical behavior noticed. Put simply, the more unethical behavior a person saw, the more likely they were to feel psychologically unsafe. This suggests that the experience of seeing more unethical behavior may diminish the psychological safety experienced by an employee.” Simply put if your bosses engage not only in corrupt behavior but simply unethical behavior, it will send a message throughout the organization that reporting unethical behavior will not be favored. One only need think of Jes Staley, former Chief Executive Officer (CEO) of Barclay’s who engaged in illegal behavior in attempting to unmask an internal whistleblower. In November 2021, Staley resigned amid a regulatory probe into whether he mischaracterized his relationship with the financier and sex offender Jeffrey Epstein. In many ways Barclays has never recovered.
The authors basically state the obvious when they write, “it makes intuitive sense that being in a work environment where unethical behavior is prevalent might diminish psychological safety.” Put another way “people are most reluctant to speak up in ethically troubled environments, where we most need them to do so.” This is an important issue for every Chief Compliance Officer (CCO) and business leader. To overcome such a deficiency, they found that “several other factors correlated with strong speak-up behavior, keeping everything else constant: moral engagement, moral attentiveness, and organizational justice combined with clarity of expectations.”
Moral engagement. As a CCO you should endeavor to create an atmosphere where ethical conduct matters, “so that when employees recognize a potentially unethical situation, they will be motivated to do what’s right.” At Novartis International AG, the authors noted the company “created a decision-making framework called the Decision Explorer to support associates in making ethical decisions. Rooted in the company’s code of ethics, the tool helps employees work through a situation to surface ethical considerations.”
Moral attentiveness. You can educate employees to recognize the ethical dimensions of situations. They point to the example at Novartis who “runs practical ethics training sessions that immerse employees in hypothetical scenarios where they must practice ethical decision-making. Another approach is to have managers highlight examples of ethical and unethical behavior with their teams and encourage dialogue on workplace ethics. Such grassroots employee contributions build trust and commitment by giving employees a role in strengthening the code of behavior by which they are expected to live.”
Organizational justice. Obviously talk is cheap and it is actions, not deeds, that matter. The Department of Justice (DOJ) has made clear in the Update to the Evaluation of Corporate Compliance Programs that the keeper and responsibility of institutional justice sits with the CCO and the authors find that this same concept “is vital to building a reputation of organizational justice.”
Clarity of expectations. CCOs must communicate a clear message to employees so that employees will have “an understanding of organizational standards and are clear about expectations.” Second, CCOs must act decisively in response to employee reports of misconduct to show that there are consequences for unethical behavior. To foster greater psychological safety, coach and empower line managers to create safe spaces for discussing ethical concerns, and help them react appropriately when such issues are raised.
The siloed nature of this issue must also be addressed. As previously noted, this issue touches multiple corporate disciplines including HR, ethics and integrity, risk management, legal and compliance. There must be a cross-functional approach in building a culture of ethics and performance. For example, Novartis created a cross-functional working group focused on the notion of ethical leadership.
The authors concluded, “Building a psychologically safe environment to facilitate speaking up about ethical conduct is relevant to both company reputation and long-term business performance. Unethical conduct can remain hidden for a time but is likely to be discovered eventually, causing far more harm than if it were caught and corrected early. Psychological safety thus can help organizations respond and improve quickly instead of allowing misconduct and unethical behavior to fester and further degrade workplace psychological safety, thus triggering a vicious cycle.” Every compliance professional should use the research from the authors study to craft a program to create or improve the psychological safety at your organization. The authors frankly state that organizations which have relied on speak-up channels or ombudspersons as mechanisms for reporting unethical behavior is no longer sufficient. “They need to be complemented by efforts to actively shape and promote an ethical climate in which managers are equipped to support employees’ ability to say what they think and react appropriately to what they hear.”