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All Things Investigations

All Things Investigations – Navigating Secondary Tariffs with Mike Huneke and Brent Carlson

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox is joined by HHR partner Mike Huneke and BRG Director Brent Carlson to discuss secondary tariffs.

Mike Huneke and Brent Carlson are leading experts in trade compliance, with a particular focus on the intricacies and impacts of tariffs and secondary tariffs within the global economic landscape. Huneke emphasizes the existential threats tariffs pose to businesses, stressing the importance of understanding their effects on countries with significant economic ties to Russia, such as China, and advising companies to reassess trade relationships with nations like China, Brazil, Russia, and Iran. Carlson emphasizes the need for trade compliance officers to adapt to the rapidly evolving geopolitical landscape, advising companies to assess their suppliers and consider potential indirect transactions through transshipment countries to navigate imposed tariffs effectively. Both experts emphasize the importance of businesses adopting a dynamic, risk-based approach to compliance, anticipating challenges, and making informed decisions to mitigate financial impacts and maintain shareholder value amid shifting trade patterns and geopolitical tensions.

Key highlights:

  • Geopolitical Impact of Secondary Tariffs
  • Global Trade Dynamics Amid Geopolitical Shifts
  • Trade Compliance Risks: False Claims & Tariff Evasion
  • Resilient Supply Chain Strategy Amid Global Trade Dynamics
  • Negotiating Tactics in Geopolitical Tariff Strategy

Resources:

Mike Huneke

Hughes Hubbard & Reed Website

Brent Carlson

BRG Website

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Red Flags Rising

Red Flags Rising: S01 E21 – “Secondary Tariffs” with Tom Fox

Mike and Brent were honored guests on the FCPA Compliance Report podcast with their podfather, Tom Fox, the Voice of Compliance and founder of the Compliance Podcast Network. They discuss the concept of “secondary tariffs” recently threatened by the U.S. as to Russia’s trading partners (00:44), what would such secondary tariffs as to Russia mean, and for whom (03:21), how multinational companies should start thinking through the impact of these potential tariffs (04:37), the need to be very, very, very careful about schemes that seem too good to be true (because they are) (06:03), how risk-based compliance can help multinationals evaluate proposed reconfigurations of procurement flows (09:36), where self-certifications by suppliers might not be sufficient (10:22), and then conclude with a deep dive into what False Claims Act enforcement for tariff evasion might look like and how to mitigate enforcement risks by understanding and leveraging the False Claims Act’s “knowledge” element (13:52).

Resources:

Compliance Podcast Network

Tom Fox on LinkedIn

FCPA Compliance Report podcast

More about Tom Fox

Brent LinkedIn

Mike LinkedIn

Mike & Brent’s “Fresh Looks” Series

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FCPA Compliance Report

FCPA Compliance Report – The Impact of Secondary Tariffs on Global Trade with Mike Huneke and Brent Carlson

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes back Mike Huneke and Brent Carlson, who help us navigate the implications of secondary tariffs, focusing on recent developments following the President’s announcement.

They explore why secondary tariffs could be considered the ‘nuclear bomb’ of trade sanctions, examining their potential impacts on various countries, particularly those doing business with Russia, such as China and India, as well as the broader geopolitical shifts affecting global trade patterns. The conversation emphasizes the need for multinational companies to reassess their supply chains and compliance strategies to mitigate potential risks associated with these tariffs. The episode underscores the importance of companies adapting to a rapidly evolving geopolitical landscape to ensure compliance and maintain their business operations.

Key highlights include:

  • Understanding Secondary Tariffs
  • Implications of Secondary Tariffs on Global Trade
  • Corporate Response to Secondary Tariffs
  • Geopolitical Realities and Trade Compliance
  • False Claims Act and Enforcement Risks

Resources:

Brent Carlson on LinkedIn

Mike Huneke on LinkedIn

Tom Fox

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