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Daily Compliance News

Daily Compliance News: January 29, 2024 – The From Russia With Love 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.

In today’s edition of Daily Compliance News:

  • Massive corruption scandal was uncovered in Ukraine.  (CNN)
  • Trump wants amped up trade war with China. (WaPo)
  • Removing friction in companies. (FT)
  • Avon is still doing business in Russia. (BBC)

For more information on Ethico and a free White Paper on top compliance issues in 2024, click here.

Categories
Blog

Geopolitical Risks and Business Opportunities: Part 3 – Russia and Rebuilding Ukraine

I recently had the opportunity to visit with Dr. Ian Oxnevad, Director of Geopolitical Risk Intelligence at Infortal Worldwide. Global Risk Review, a podcast series that Infortal Worldwide sponsors was the reason for this visit. Dr. Oxnevad is a seasoned expert in geopolitical risk intelligence, with a Ph.D. in political science and a master’s degree in National Security Studies.

Over this five-part blog series, we will look at the risk profile for US Companies doing business in the following geographic regions: the Middle East, Latin America, Russia and Ukraine, Africa, and the Asia Pacific region. Over this five-part blog post series, we will review Dr. Oxnevad’s views in each one of these regions. Part 3 reviews the business opportunities and risks in Russia and the challenges and opportunities in rebuilding Ukraine.

Dr. Oxnevad deeply understands the issues in Russia and Ukraine. His belief that the upcoming rebuilding of Ukraine will spark a surge of interest from significant US corporations, the EU, and China, potentially resulting in increased corruption and geopolitical risks, shapes his perspective on the global implications and geopolitical risks. Oxnevad emphasizes the need for ongoing due diligence and monitoring by Western companies to navigate potential challenges and uncertainties, such as changes in laws and competition from different countries. He also acknowledges the significant risk of corruption in Ukraine, especially during the rebuilding process, and believes it may take time for EU institutions to mitigate this risk.

The war between Russia and Ukraine has had far-reaching consequences, not only for Europe but also for other parts of the world. Indeed, it has changed business across the globe forever.

One of the key factors to consider is the impact on global food supplies. Russia and Ukraine are major food and grain suppliers, and the war and sanctions have disrupted their production. This has put food supplies at risk, increasing food costs and inflationary pressures worldwide. Countries in Africa and the Middle East, in particular, heavily rely on these food supplies, and the uncertainty surrounding Ukraine’s ability to meet these demands raises concerns.

The rebuilding of Ukraine presents significant opportunities for major corporations from the United States, the European Union, China, and other countries. However, it also raises concerns about corruption and geopolitical risks. Ukraine has been traditionally viewed as a high-risk country for corruption, and the war has only exacerbated this issue. The chaos and emergency in the country create a greater incentive for corruption to exist. President Zelensky’s ability to address these concerns remains to be determined, and it is unlikely that corruption will disappear even if the war were to end abruptly.

From a geopolitical standpoint, the war between Russia and Ukraine has become a proxy war between Russia and the West and China and the West. This further complicates the situation and introduces additional risks. The resolution of the war and the lifting of sanctions will depend on various factors, including Russia’s political landscape and the leadership of President Putin. If Putin remains in power, the sanctions will likely stay in place. However, if there is a change in leadership, lifting sanctions could be a possibility, albeit with careful consideration of Russia’s economic and political landscape.

The rush to capitalize on Ukraine’s rebuilding presents both opportunities and risks. Many countries and corporations will be vying for a stake in Ukraine, increasing the incentives for corruption and other geopolitical risks. Competitors will be aware of the presence of different countries, further complicating the situation. It is crucial for American companies and others to carefully assess the risks associated with corruption in Ukraine and conduct thorough due diligence before engaging in business opportunities.

The international community, including the European Union, NATO, and the United Nations, may play a role in assisting Ukraine in its rebuilding efforts. Establishing the rule of law, policies, and procedures will ensure a successful reconstruction. However, the timing of international involvement is crucial. Rebuilding efforts must occur before existing EU institutions move in to address corruption, as this will help mitigate the associated risks.

In conclusion, rebuilding Ukraine has significant global implications and geopolitical risks. The disruption of food supplies, the rush to capitalize on opportunities, and the challenges associated with corruption must be carefully considered. The resolution of the war and the lifting of sanctions depend on various factors, including Russia’s political landscape. International assistance in rebuilding efforts, particularly in establishing the rule of law, will be crucial. However, it is essential to conduct thorough due diligence and assess the risks before engaging in business opportunities in Ukraine.

Please join us tomorrow when we explore geopolitical risks and business opportunities in Europe.

You can check Dr. Oxnevad in the full five-part Riskology podcast series here.

Categories
Daily Compliance News

Daily Compliance News: May 2, 2023 – The Big Brother at the Workplace 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:

  • Auchan is under investigation by PNF. (FT)
  • US SCt to review whistleblower retaliation claim. (Reuters)
  • White House looking into Big Brother at the workplace. (Bloomberg)
  • Adidas sued over the Kanye West deal. (BBC)
Categories
Compliance Into the Weeds

Microsoft OFAC Enforcement Action

The award-winning, Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore a subject more fully. In this episode, join Tom and Matt as they delve into Microsoft’s recent sanctions enforcement action with OFAC. They explore what went wrong and how to avoid costly compliance failures, from potential red flags to reseller relationships. But it’s not all doom and gloom as they discuss how Microsoft implemented three lines of defense model for sanctions compliance, setting a benchmark for the industry. With Tom and Matt going into the weeds on the importance of centralization and persistent screening technology, this podcast is a must-listen for any compliance officer looking to stay ahead of the curve. Tune in now to find out more!” 

Key Highlights 

·      Sanctions compliance case involving Microsoft

·      Microsoft’s Sanctions Compliance Model

·      Microsoft’s Sanctions Compliance Program Remediation

·      Sanctions Compliance and OFAC Guidance

·      Impact of Russia invasion on Microsoft operations

 Notable Quote:

“It’s well worth giving the case a good look. So it was, I thought, a great lesson on resellers and the way the hardware and software industry did business.”?

 Resources

Matt  on LinkedIn

Matt on Radical Compliance

Tom

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Compliance Kitchen

Compliance Kitchen – Navigating OFAC’s Latest Guidance on Russia’s Metals and Mining Sector

The Compliance Kitchen, hosted by Silvia Surman, is a podcast that examines and evaluates the changing legal framework of international compliance. In this episode, Silvia examines OFAC’s brand new determination concerning the metals and mining sector of the Russian Khanate. She provides listeners with an FAQ about the determination and explains that it authorizes certain energy-related transactions or if General Licensed 6C only authorizes those activities. Silvia further elaborates that the license authorizes transactions related to the production, manufacturing, sale, transport, or provision of medicine and medical devices. Tune into Compliance Kitchen to stay updated with the evolving legal framework of international compliance.

Notable Quotes

1. “This February 24 determination authorizes sanctions on any person that the government determines to operate or have operated in the metals and mining sector of the Russian economy.”

2. “OFAC does not intend to target persons for operating in this metals and mining sectors where the provision of their goods and services is solely for safety and care of personnel protection of human life, prevention of accidents or injuries, maintenance, necessary repairs, to avoid significant or environmental damage or activities that are related to environmental mitigation or remediation.”

3. “Non-US persons generally do not risk exposure to US blocking sanctions. Under executive order 14024 for engaging in transactions with black persons, including in the metals and mining sector where those transactions would not require a license if a US person were engaging in the transactions.”

4. “Non-US persons generally do not risk exposure to US blocking sanctions if they engage in transactions in the mining and metals sector. If General License 8F would normally authorize such transactions as in Frank. That 1 authorizes certain energy-related transactions or if General would only authorize those activities Licensed 6C. That license authorizes certain transactions related to the production, manufacturing, sale, transport, or provision of medicine, medical devices, including certain industrial isotopes used in nuclear medicine.”

Categories
Compliance Kitchen

Compliance Kitchen on OFAC and DOJ Developments

The Compliance Kitchen returns with a wrap-up of the week’s top trade and economic sanction issues. In today’s episode, Silvia Surman looks at OFAC issues Russia-related sanctions licenses and allows for limited marine activities on SDN vessels; DOJ obtains a guilty plea for EAR violations due to unlicensed exports of chemicals to a Chinese SOE listed on the Entity List.

Categories
Daily Compliance News

September 2, 2022 the Wife Too Edition

In today’s edition of Daily Compliance News:

  • Healthcare is a dangerous business in Russia. (WSJ)
  • Big tech is moving production out of China. (NYT)
  • Najib’s wife gets 10 years for her role in 1MBD. (Al Jazeera)
  • JPMorgan German offices searched in trading scandal investigation. (Reuters)
Categories
Life with GDPR

Boris Johnson Announces Resignation


Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we discuss British Prime Minister Boris Johnson’s recent announcement that he will be resigning as British PM when his successor is announced. Some of the highlights  include:

  1. Reasons for the resignation.
  2. Candidates for the PM role going forward.
  3. Key compliance and related issues for the new PM going forward.
  4. Lessons learned from the Pincher Affair and the BoJo resignation.

Resources
For more information on the issues raised in this podcast, check out the Cordery Compliance News Section. For more information on Cordery Compliance, go to their website here. Also, check out the GDPR Navigator, one of the top resources for GDPR Compliance, by clicking here.

Categories
Putin's Oil Heist

Putin’s Oil Heist Episode 6: Connecting the Dots


“I believe that Yukos was Putin’s first foray into trying to test the West… and the West fell flat on their faces – they did absolutely nothing to help the Western shareholders in Yukos.” The lack of response from the West during the Yukos Affair encouraged Putin’s tyranny. Putin’s Oil Heist is an insider’s account of the Yukos Affair. In this final episode, Loren Steffy draws a line from the 2022 invasion of Ukraine back to the expropriation of Yukos in the early 2000s, with first-person accounts from former Chief Financial Treasurer, Bruce Misamore.

Hear him talk about:

  • The West’s inaction. Yukos, in its bid to embrace Western standards of capitalism in the hopes of gaining a New York Stock Exchange listing, hired Misamore and other American shareholders. But when Putin’s government trumped up tax charges and used them to seize the entire company without compensating those shareholders, the US government did nothing. Misamore claims they could have made government-to-government claims on behalf of the shareholders that were harmed. The West’s failure to act became a pattern in the following years, which only emboldened Putin.
  • Putin’s grand plans. Had the invasion of Ukraine gone the way he wanted, it’s likely that Putin wouldn’t have stopped there, Misamore contends. Putin regrets the fall of the Soviet Union, and there have been hints throughout his presidency that suggest his intention to revive it. His next logical target, after Ukraine, would have been Moldova, and then the rest of Georgia. The resistance of the Ukranians seems to have halted Putin’s thirst for conquest.
  • The Russian people. The innocent citizens of Russia are not responsible for the actions of their government. Though Putin has improved their standard of living to keep up his popularity, they could easily be talked into going the other way. However, they’re scared and docile, behavior instilled by centuries of violent history, and they fear the dire consequences of rebellion. In addition, the government’s crackdown on independent media, prevents the people from getting an accurate view of the war in Ukraine.
  • How the Yukos Affair influenced other companies’ attempts to do business in Russia. One such situation involved a joint venture between BP and the Russian company TNK, which eventually devolved into the same tensions that pervaded the Yukos steal. The Russians bristled at Western efforts to control the operations, which led to reports of break-ins at BP executive Bob Dudley’s Moscow apartment, threats of him being detained, and even word that there was poison found in his blood. Dudley, who later became chairman of BP before retiring in 2020, wound up fleeing Russia and the venture was sold to Rosneft.

Resources
Loren Steffy on LinkedIn
Stoney Creek Publishing
 

Categories
Compliance Kitchen

Swiss Sanctions on Russia


Switzerland Imposes Sanctions on Russia.