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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

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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

Categories
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.

Categories
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

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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 

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Categories
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.
Categories
Coming Conflict with China

Coming Conflict with China: Part 2-Supply Chain Issues

In the short span of the 21st Century, the world’s two top powers, the United States and China have moved inexplicably toward a showdown. This evolved from a commercial competition into something more akin to permanent non-kinetic warfare. What does this mean for US business doing business in and with China? In this special 5-part podcast series, Tom Fox and Brandon Daniels, CEO of Exiger, a leading global third-party and supply chain management software company, explore issues diverse as a real danger, supply chain, exports, cyber-attacks, and IP theft from the business perspective and give the compliance and business executive their viewpoints on what you can do to not only prepare your company but protect it as well. In Part II, we discuss the issues in the Supply Chain, including issues of human rights, forced labor, and supply chain management in the Asia Pacific region.

Obviously, the issues around Uyghur forced labor in China are an important consideration for all American businesses with supply chains in China. While that issue focuses on human rights, it is also a wider world economic issue that requires a business solution. The key is to diversify the supply of goods, investing in other countries’ manufacturing capabilities to ensure that human rights abuses do not go unchecked.

Key Highlights:

1. What is the inextricable connection between human rights and economic policy when it comes to current geopolitical tensions with China?
2. How is the subjugation of Uyghurs in Xinjiang impacting the global economy?
3. What risks does reliance on China’s manufacturing pose for businesses, and how can companies diversify their supply chain to mitigate them?

Notable Quote

“It just takes investment. It takes time, but it’s an investment worth having because it provides us security in the potential and the ever more serious potential of a conflict with China.”

Resources

Exiger

Tom Fox

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Other episodes in this Series:
Episode 1-From Potential Conflict to Real Danger

Categories
Blog

Coming Conflict with China-Business Challenges and Responses: Supply Chain Issues

In the short span of the 21st Century, the world’s two top powers, the United States and China, have moved inexplicably toward a showdown. This evolved from a commercial competition into something more akin to permanent non-kinetic warfare. What does this mean for US business doing business in and with China? For this special 5-part blog post series, I visited with Brandon Daniels, CEO and President of Exiger, to explore issues diverse as a real danger, supply chain, exports, cyber-attacks, and IP theft from the business perspective and give the compliance and business executive their viewpoints on what you can do to not only prepare your company but protect it as well. In Part II, we consider Supply Chain issues.

Have you ever stopped to consider the human rights abuses at the root of the products you use every day? From our solar panels to our computer screens, the exploitation of the Uyghur minority in China is a painful reality that has been hidden from Western consumers for too long. How has the global supply chain issues that have been enabled by this exploitation and how the geopolitical tensions with China must be addressed if we are to ever move past this human rights violation? In this blog post, we explore the implications of the Uyghur Forced Labor Prevention Act, the COVID-19 response, and the need to diversify our supply chains away from China if we are to bring balance to the world and ensure a fair playing field for everyone.

Here are some steps you need to follow to help you to shore up issues caused by China, impacting your Supply Chain.:

  1. Take the issue of Uyghur Forced Labor Prevention Act seriously.
  2. Diversify the supply chain to reduce risk of disruption.
  3. Invest in alternative sources of supply.
  4. Consider reshoring manufacturing to places like the US, UK, etc. with relative stability and free market.
  5. Invest in US manufacturing to increase innovation and provide security.

1.The Uyghur Forced Labor Prevention Act

Taking the issue of Uyghur Forced Labor Prevention Act seriously requires a comprehensive understanding of the human rights abuses taking place in the Xinjiang region of China. This region is home to the minority Uyghur people, who are subjugated by a paramilitary organization that controls all commerce and government functions. The production of items like neon, steel, lithium, and silica relies heavily on these subjugated people, driving down the cost of goods and manipulating economic markets. This is a clear violation of human rights, and it is not justifiable from any perspective. To take the issue of Uyghur Forced Labor Prevention Act seriously, companies must recognize the implications of this human rights violation and take actionable steps to diversify their supply chains, invest in alternative sourcing, and return manufacturing to the US. Taking these steps is essential in order to create a fair playing field and combat the human rights abuses taking place in Xinjiang.

  1. Diversify your supply chain

Diversifying the supply chain is key to reducing the risk of disruption from the conflict with China. Companies should look to invest in other countries in the Asia Pacific region such as Vietnam, Malaysia, and Cambodia, who are open for business and have less stringent regulations than China. Companies should also consider reshoring, which means bringing manufacturing back to the United States or other countries with more stable free market economies. This will help limit exposure to potential disruptions due to geopolitical tensions in China. You should review your long-term supply chain strategy, to include investing in alternative sources of materials and suppliers can help ensure continuity of operations and reduce the risk of disruption. Finally, companies should consider investing in research and development to create alternative sources of goods to diversify the supply chain and limit their exposure to potential disruptions from the conflict with China.

  1. Invest in alternative sources of supply

When considering how to address the issues of human rights abuses and Supply Chain interruptions due to China, it is important to consider investing in alternative sources of supply. Mexico, Vietnam, Malaysia, and Indonesia are all countries that offer alternative sources of supply, and they are more likely to be subject to less geopolitical tensions than China. To ensure Supply Chain security and to mitigate the risk of human rights abuses, companies should consider investing in these countries. This could include establishing manufacturing plants in these countries, as well as working with local vendors to source the necessary raw materials. Additionally, companies should consider investing in research and development in these countries to develop alternative technologies that are not dependent on Chinese resources. By investing in alternative sources of supply, companies can ensure a secure and ethical supply chain, which is essential for the long-term success of any business.

  1. Consider reshoring manufacturing

When it comes to considering reshoring manufacturing to more stable and free market sites such as the US, UK, etc.; the first step is to make sure to diversify your Supply Chain. This could mean making investments in alternative suppliers to ensure that the company is not solely reliant on one given country or region. Businesses should look into the opportunities of reshoring to the US and UK to take advantage of the 525,000 underutilized manufacturers in the US. Doing this could make it more cost effective and provide an additional layer of security in the event of a conflict with China. Lastly, companies should also consider investing in local manufacturing in the Asia Pacific region, such as in Vietnam, Malaysia, and Indonesia, to take advantage of these countries’ open for business attitude. This could help to bring about innovation and balance to the world’s Supply Chains.

  1. Invest in US manufacturing

Investing in US manufacturing is the fifth step in addressing the geopolitical tensions between China and the US. This step is essential to increase innovation and provide security. US companies must take seriously the idea of “reshoring” or bringing back manufacturing to the US. There are currently 525,000 manufacturers in the US that have the potential to be utilized. To make this possible, investments must be made in order to ensure that goods can be manufactured cost-effectively and with the highest quality. This will provide stability and security in the potential conflict with China, as well as providing innovative goods that are manufactured within the US. It may take time and money to invest in US manufacturing, but the potential reward is worth it.

The issue of Uyghur Forced Labor Prevention Act is a serious one, and companies must take proactive steps to ensure that their supply chains are secure and ethical. Diversifying the supply chain is essential in order to reduce the risk of disruption due to geopolitical tensions and investing in alternative sources of supply such as Mexico, Vietnam, Malaysia, and Indonesia is a great way to do this. Companies should investigate reshoring manufacturing to places like the US and UK, as this will provide an additional layer of security and help to create a fair playing field for everyone. Finally, companies should invest in US manufacturing to increase innovation and provide security. By taking these steps, companies can help to ensure a secure and ethical supply chain and combat the human rights abuses taking place in Xinjiang. With the right mindset and actionable steps, we can all make a difference in the world and create a better future for everyone.

For a deeper dive into these issues, check out the 5-part podcast series with Tom Fox and Brandon Daniels, here.

Categories
Blog

Coming Conflict with China-Business Challenges and Responses: From Potential Conflict to Real Danger

In the short span of the 21st Century, the world’s two top powers, the United States and China, have moved inexplicably toward a showdown. This evolved from a commercial competition into something more akin to permanent non-kinetic warfare. What does this mean for US business doing business in and with China? For this special 5-part blog post series, I visited with Brandon Daniels, CEO and President of Exiger, to explore issues diverse as a real danger, supply chain, exports, cyber-attacks, and IP theft from the business perspective and give the compliance and business executive their viewpoints on what you can do to not only prepare your company but protect it as well. In Part I, from potential conflict to real danger.

It is time to ask some tough questions and come up with robust responses to the challenges. With China’s increasing attempts to subvert the US economy, decrease transparency of its business practices, and the use of its blocking statutes that protect its companies from US laws, the situation is becoming increasingly challenging. What steps can you take to safeguard yourself and your business? Join us to explore these questions and more in this special series.

Here are the steps you should follow to begin to think your organization’s business and operational security.:

  1. Identifying potential threats and risks in the global business and commerce ecosystem.
  2. Developing a strategy to diversify the global supply chain to mitigate risks and increase security.
  3. Finding alternate sources of supply and production in different countries to create redundancy and increase diversity.

1.Identifying potential threats and risks

Identifying potential threats and risks in the global business and commerce ecosystem requires an understanding of how geopolitical tensions and economic coercion can impact businesses and markets. When looking at the arrests of Mintz’s Group employees in Beijing and the potential for China to subvert our global free market, it is important to consider how Chinese investments in critical technologies, like battery plants, and their control of resources, like cobalt and copper, could be used to manipulate the market. It is also important to be aware of China’s attempts to restrict access to economic policies, like tariffs, that make it cheaper to manufacture in China than in Vietnam or Malaysia. It is important to consider the impact of China’s annexing of other countries, their blocking statutes, and their potential to use Uighur forced labor in their garment industry, all of which could lead to human rights issues. By understanding the potential threats and risks, businesses can be better prepared to put appropriate measures in place to protect their data, their people, and their customers.

  1. Developing a strategy to diversify your global supply chain 

Developing a strategy to diversify the global supply chain to mitigate risks and increase security is a crucial step in mitigating potential risks associated with China’s increasing adversarial activity. To ensure the safety and security of a company’s supply chain, it is important to diversify its sources of supply, especially for critical infrastructure such as logic bearing circuitry and pharmaceutical ingredients. Your organization should think twice before accepting a cheap bid from a Chinese company and instead diversifying to sources from countries such as Japan, South Korea, the United Kingdom, and the United States. By diversifying supply chain sources, companies can ensure that they are not over-dependent on any one country, and can also take advantage of premium pricing that comes with diversity, security and redundancy in their commerce.

  1. Finding alternate sources of supply and production

Finding alternate sources of supply and production in different countries to create redundancy and increase diversity is an important step in mitigating risk in a highly unpredictable geopolitical environment. To do this, you should start by looking into local manufacturing capabilities and taking the opportunity to support companies from other countries, such as Japan, Korea, the UK, the US, Mexico, and Canada. These countries may be more reliable in their political stability and may offer a premium for the security that comes with diversity. Additionally, it is important to investigate the state of the industries in these countries and what investments they are making. For example, Japan is investing heavily in their electronics sector, Korea in semiconductors, and the US and Canada in AI. To ensure your business is protected, you should also consider investing in a backup plan in case of disruption from your current source. This could involve researching other suppliers, negotiating contracts with them, and training staff and operations to use them. By investing in these alternate sources and plans, you will be able to create redundancy and increase diversity in your supply chain, ultimately making your business more secure.

The importance of identifying potential threats and risks in the global business and commerce ecosystem and developing a strategy to diversify the global supply chain to mitigate risks and increase security cannot be overstated. You should be working to find alternate sources of supply in different countries to create redundancy and increase diversity. By taking the necessary steps to understand the potential risks of doing business with China, businesses can be better prepared to protect their data, their people, and their customers. Opaqueness is the foe of transparency.  With the right knowledge and strategy, you too can ensure the safety and security of your business.

For a deeper dive into these issues, check out the 5-part podcast series with Tom Fox and Brandon Daniels, here.