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Compliance Tip of the Day

Compliance Tip of the Day: Managing Risk from China

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements.

Whether you’re a seasoned compliance professional or just starting your journey, our aim is to provide you with bite-sized, actionable tips to help you stay on top of your compliance game.

Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law. Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

In this episode, we consider some strategies you can utilize to manage business risks in the current competition with China and the potential conflict with China.

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

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Daily Compliance News

Daily Compliance News: February 2, 2024 – The Happy Groundhog Day 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:

  • Will Razak get a pardon for 1 MDB?  (South China Morning Post)
  • Germany pulls support for the supply chain abuse law. (FT)
  • Do tech CEOs have ‘blood on their hands’? (Reuters)
  • How Michael Lewis comes up with stories. (BBC)

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

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2 Gurus Talk Compliance

2 Gurus Talk Compliance – Welcome to 2024 Edition

What happens when two top compliance commentators get together? They talk about compliance, of course. Join Tom Fox and Kristy Grant-Hart in 2 Gurus Talk Compliance as they discuss the latest compliance issues in this week’s episode! In this episode, Tom and Kristy take on a wide variety of topics, including the self-improvement of the Florida Man gone astray.

In the ever-evolving world of regulatory compliance and risk management, challenges are constant, and strategies must be dynamic. Tom highlights the SFO, culture assessments, Key Board issues for 2024 and the McDonald’s Doctrine. Kristy highlights the new law, FEPA, Supply Chains, AI, and checks in on Florida Man. Join Tom Fox and Kristy Grant-Hart as they delve deeper into these issues in this episode of the 2 Gurus Talk Compliance podcast.

Highlights Include:

  1. U.S. Prosecutors Can Charge Foreign Officials With Bribery Under New Provision (WSJ)
  2. New Actions from the White House Highlight the Difficulty of Tracing Forced Labor in Supply Chains (Supply Chain Brain Blog)
  3. Maryland looks to harness AI for government use with executive order (Washington Post)
  4. WorkLife’s definitive guide to what’s in and out for 2024 (WorkLife)
  5. Analysis of failure to exercise duty of oversight by a corporate officer. (D&O Diary)
  6. Key Board issues for 2024. (Compliance and Enforcement)
  7. Are emojis evil? (FCPA Blog)
  8. SFO hammered in the ENRC report. (WSJ)
  9. Why do you need to do a culture assessment? (CCI)
  10. Florida woman sues Hershey for $5 million over ‘deceptive’ Reese’s packaging (ABC News)

 Resources:

Kristy Grant-Hart on LinkedIn

Spark Consulting

Tom

Instagram

Facebook

YouTube

Twitter

LinkedIn

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

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Compliance and AI

Compliance and AI: Jag Lamba – Certa’s AI Tools for Streamlining Procurement and Compliance Processes

What is the role of Artificial Intelligence in compliance? What about Machine Learning? Are you using ChatGPT? These questions are but three of the many questions we will explore in this exciting new podcast series, Compliance and AI. Hosted by Tom Fox, the award-winning Voice of Compliance, this podcast will look at how AI will impact compliance programs into the next decade and beyond. If you want to find out why the future is now, join Tom Fox on this journey to the frontiers of AI. Today, Tom hosts Jag Lamba, founder and CEO of Certa, on their new AI-based tool, Design AI.

In today’s rapidly evolving business landscape, organizations are constantly seeking ways to enhance efficiency and agility in their procurement and compliance processes. The emergence of artificial intelligence (AI) has provided new opportunities to streamline these operations and respond effectively to supply chain disruptions and compliance requirements. Certa, a leading provider of AI-powered solutions, has developed innovative tools that aim to address these challenges and revolutionize the way organizations manage their procurement and compliance functions.

One of Certa’s flagship AI tools is Design AI, which allows customers to design and edit workflows and integrations using natural language. This eliminates the need for technical expertise, making it easier for organizations to create and digitize new workflows or modify existing ones. With Design AI, customers can simply express their requirements in plain English, and Certa’s AI technology will generate the necessary questionnaires, workflows, and integrations based on their specific needs. This empowers organizations to quickly adapt and optimize their processes, ensuring they remain agile in the face of dynamic procurement and compliance landscapes.

Resources:

Jag Lamba on LinkedIn

Certa

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

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Riskology

Infortal on Risk Intelligence Part 5: Supply Chain Intelligence with Dr. Ian Oxnevad

In the final part of this week’s five-part special, Tom Fox discusses supply chain risks with Dr. Ian Oxnevad. He talks about the supply chain from a geopolitical risk perspective and the various steps companies can take to prepare themselves against those risks.

 

Dr. Ian Oxnevad is a political scientist and economist at Infortal Worldwide, a global risk firm that provides due diligence services to support key investment decision-making. Infortal Worldwide supports a lot of private equity investment, mergers, acquisitions, and any risk scenario a business may face.

  • Supply chain intelligence must first begin with a risk analysis. Companies must determine their exposure to geopolitical risks, such as political unrest, social unrest, or war. 
  • How a company de-risks its supply chain depends on which risk is the largest. “Are you looking at closing the distance and reducing logistical costs between a customer and a company?” Ian asks. Suppose your company is considering alternatives to its current supply chain system or systems outside its country. In that case, it must consider corruption, terrorism, organized crime, and ESG. 
  • Ian goes through some steps Infortal takes when counseling companies through de-risking. He describes what it takes to create a solid supply chain risk response plan. 
  • The intelligence process gives companies legal guidance and any other relevant information they need for making the right decisions while mitigating as much risk as possible.

KEY QUOTE

” Supply chain intelligence is key to understanding and avoiding hidden supply chain risks.”-  Dr. Ian Oxnevad 

Resources: 

Infortal Worldwide | Email | Tel: 1.800.736.4999

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Blog

Infortal Worldwide Geopolitical Risk Intelligence 2023 Outlook: Part 5-Supply Chain Intelligence

I recently had the opportunity to visit with, Chris Mason, VP Global Compliance & Investigations at Infortal Worldwide and Dr. Ian Oxnevad, Director, Geopolitical Risk at Infortal Worldwide for a sponsor podcast on Infortal Worldwide’s Geopolitical Risk Intelligence 2023 Outlook. Over this series we considered business intelligence, ESG intelligence, corruption intelligence, sanctions intelligence and supply chain intelligence. In today’s final post in this five-part blog post series, we are joined by Ian Oxevad, Director of Geopolitical Risk at Infortal Worldwide, to discuss supply chain intelligence and how to navigate geopolitical risks. In this concluding blog post in this five-part series, we consider how to use intelligence to de-risk your supply chain and protect your business from geopolitical risks.

Oxnevad holds a PhD in political science and is an expert in in political science, economics, corporate espionage, economic warfare, money laundering, and terrorist financing to help companies understand the risks of their supply chain and how to de-risk it. He explains that supply chain intelligence is far from a new concept and goes as far back as the spice trade in the 15th century. Ian provides a three-step process to navigating supply chain intelligence and de-risking and provides a wealth of knowledge on the subject.

Here are the steps you need to follow to also get risk mitigation.:

1. Assess what your exposure is to certain geopolitical risks.

2. Utilize intelligence to find alternatives that connect a company to its customers.

3. Screen potential alternatives and warning indicators.

1. Assess what your exposure is to certain geopolitical risks.

The first step in assessing a company’s exposure to certain geopolitical risks is to gather information from the client. This includes their risk exposure, concerns, and goals. A company should then use intelligence sources, such as boots-on-the-ground resources and triangulated analysis, to create an intelligence product that can be used to make informed decisions. Once the risks have been identified, a company can then begin to look for potential alternatives to mitigate them. This could involve relocating suppliers to other regions, increasing efficiency, or increasing redundancy. Companies should also be aware of warning indicators that may indicate a rise in risk, such as political unrest, changes in regime, or an increase in militarism. Finally, the company must make an informed decision on which alternative to pursue. For more information on this topic, readers can visit the website Infortal.

2. Utilize intelligence to find alternatives that connect a company to its customers.

Utilizing intelligence to find alternatives that connect a company to its customers requires a two-step process. The first step is to interview the client, assess their risk exposure, and understand their goals. This will then inform the intelligence collection process which should include triangulated analysis, boots on the ground resources, and data from multiple sources. This will be collated into an intelligence product that will provide the client with a clear picture of their potential opportunities to de-risk.

The second step is to screen potential alternatives and conduct due diligence. This includes researching potential suppliers and investors, local conditions, and warning indicators that could signal risk in the future. This should give the company the information they need to make informed decisions and the ultimate decision of which alternative to pursue is left up to them. For more information, listeners can visit the Infortal website.

3. Screen potential alternatives and warning indicators.

The third step in addressing supply chain intelligence is to screen potential alternatives and warning indicators. This involves conducting an intelligence cycle for the company by interviewing the client to determine their risk exposure and goals, and then utilizing boots on the ground resources and triangulating analysis from different sources to refine and integrate information into an intelligence product. Companies can also benefit from due diligence to screen potential suppliers, investors, and local conditions.

It is also important to monitor warning indicators of developing risks. These indicators can include contentious presidential elections, the annexation of Crimea, the integration of Russian mercenaries in the Donatas and Donbas regions, and more. This can help the company anticipate any risk that the company may be exposed to, allowing them to make informed decisions on the best alternative supply chain system for them. Finally, the decision is up to the company and their legal counsel, executives, and other pertinent players.

Navigating supply chain intelligence and de-risking requires a two-step process of gathering information and utilizing intelligence sources to create an intelligence product. Companies should also screen potential alternatives, conduct due diligence, and monitor warning indicators to ensure they make the best decision for their company. With the right strategies and knowledge, any business can protect itself from geopolitical risks and achieve success.

Check out Ian Oxnevard on the Riskology by Infortal podcast here.

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Daily Compliance News

Daily Compliance News – May 24, 2023 – The Corruption Can Kill 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:

  • Supply Chain financing rules. (WSJ)
  • Shareholder activists and the culture wars. (WSJ)
  • When corruption can kill. (Food Safety News)
  • Harlan Crow to US Senate-screw you. (Reuters)
Categories
FCPA Compliance Report

FCPA Compliance Report – Virginia Newman on Enhancing UFLPA Compliance: Solutions for Forced Labor Prevention

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In the latest episode of FCPA Compliance Report, Tom Fox visits Virginia Newman from Miller & Chevalier, an expert on the Uyghur Forced Labor Prevention Act (UFLPA) and supply chain ESG work. Together, they discuss the UFLPA, its affirmative obligation on companies to comply with US import laws, and the burden of proof on businesses to prove their goods were not made using forced labor. Virginia shares valuable insight into the CBP’s enforcement efforts and how companies can exercise reasonable care to avoid having their goods detained. They also delve into trade compliance and third-party screening, predictive mapping, and the long-term changes companies must make to their compliance and sourcing programs. Thomas recommends Virginia as a source of knowledge on the subject because of her passion. Listen to this engaging and informative podcast to better understand the UFLPA and its impact on businesses.

Key Highlights:

  • Virginia’s background and UFLPA
  • US Law Prohibiting Import of Xinjiang-made Goods
  • US Customs’ Role in Enforcing UFLPA
  • CBP’s Forced Labor Technical Expo Solutions
  • Types of Companies for Supply Chain Mapping
  • Impact of a trade war on supply chain compliance

Notable Quotes:

“The US government had an import prohibition for any goods made in whole or in part with forced labor.

“The US import prohibition is one of the longstanding ones that has had the most effect on companies, but it wasn’t enforced too much until about 3 years ago.”

“If your goods are coming from Xinjiang, and you accept that they’re coming from Xinjiang, Then, really, the burden is on you to prove that they’re not made with any forced labor, which is an incredibly high burden and to our knowledge importers have not been trying meet it.”

“Customs put together this enforcement dashboard that contains all of these statistics on how they’ve been enforcing the UFLPA.”

Resources

Virginia Newman on LinkedIn

Miller & Chevalier

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

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Compliance Into the Weeds

Compliance into the Weeds: ComEd 2023 Compliance Report

The award winning, Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. Looking to stay updated on compliance and ethics? Look no further than Compliance into the Weeds, with co-hosts Tom Fox and Matt Kelly!

Looking to stay updated on compliance and ethics? Tune in to the Compliance into the Weeds podcast with hosts. In this episode, they tackle the corruption scandal involving ComEd and its parent Exelon, and highlight the progress made in their compliance program reforms. With the release of their second public progress report, compliance and corporate executives can learn from changing ComEd’s company culture and supply chain overhaul. The podcast also dives into integrating compliance concerns into HR processes and identifying supervisory groups that may need closer monitoring. Don’t miss out on this informative and insightful episode available now!

Key Highlights 

·      Significance of the report

·      Compliance and the Supply Chain

·      Compliance and Exit Interview

·      Using this report going forward

 Notable Quotes:

“I just have to acknowledge that state of Illinois finally convicted someone for corruption.”

“These reports provide not just simply a roadmap of how to change culture, but really a way to think through what may seem like an insurmountable problem.”

“I applaud Exelon for establishing this comprehensive supply chain risk management effort and making supply chain compliance a big part of its supply chain risk program.”

“It is compliance, which is driving overall supply chain risk management and business efficiency, which is inevitably lead will inevitably lead greater profitability if done correctly and that with a variety of other areas and companies having supply chain risk.”

 Resources

Matt 

LinkedIn

Blog Post in Radical Compliance

Check out our prior podcast on ComEd’s 2022 Compliance Report here

Tom 

Instagram

Facebook

YouTube

Twitter

LinkedIn

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program for 3rd Parties – Risk Ranking in the Supply Chain

One of the areas many companies do not focus on enough is possible corruption in their supply chain for goods and services provided on a company’s behalf. The FCPA risks can be just as great through those entry points as they can be through the sales side of an organization. You need to know whom your company is doing business with through this channel as much as you need to know your agents seeking business opportunities on your behalf. Most companies have exponentially more vendors than sales agents, so this task may seem daunting. However, a well-thought-out plan to risk rank your company’s third parties on the supply chain side can go a long way toward ameliorating this issue. The key is setting reasonable parameters and then managing those third parties that present real corruption risk to your organization.

This determination of the level of due diligence and categorization of a supplier should depend on a variety of factors, including such factors as whether the supplier is (1) located or will operate in a high-risk country; (2) associated, or recommended, or required by, a government official; (3) currently under corruption investigation, or has been recently convicted of any form of corruption; (4) a multinational publicly traded corporation with a recognized exemplary system of compliance and internal controls; or (5) a provider of widely available services and products that are not industry specific. You should note that any supplier with foreign government touchpoints should move up to a higher level of scrutiny.

I suggest that you create a three-tiered risk matrix consisting of (1) high-risk suppliers, (2) low-risk suppliers, and (3) minimal-risk suppliers. Below this final category is another category for providers of goods that are commonly available and pose almost no corruption risk.

It would be best to risk ranking the third parties your supply chain might engage with for FCPA exposure. It should be based on your company’s experience and risk going forward. As with all third-party risk management issues, you must “Document, Document, and Document.”

Three key takeaways:

  1. Risk rank your supply chain based on well-conceived strata.
  2. Consider not only the compliance risk but also your business risk.
  3. Only manage those suppliers who present a corruption risk.