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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.

Categories
The ESG Report

Jared Connors Looks Into 2023

In this episode of the ESG Report, Tom Fox discusses the regulatory movement towards mandatory climate disclosure requirements. Guest Jared Connors explains why product liability, previously viewed as a negative for sustainability, is now viewed as a positive.

Jared Connors is on the regulatory team at Assent. In his role, he supports and analyzes the market, engages standards and framework makers and regulatory agencies to help understand what companies will face and how they can comply.

 

  • Jared says that product compliance depends on how certain jurisdictions approach sustainability. 
  • Consumers make an impact on upstream corporation supply and demand, and that impact is shown via downstream companies who produce the products.
  • Companies have to do a better job at being proactive about knowing their supply chain and the stance of the suppliers that they work with.
  • Organizations need to be able to show that their suppliers have no connection to modern day slavery. 
  • Jared stresses the point of transparency as opposed to sustainability. When companies, suppliers and stakeholders are transparent, business becomes more ethical. 

 

Resources

Jared Connors on LinkedIn

Assent

Categories
Daily Compliance News

January 2, 2023 – The Technical Debt 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 episode we take a look at the following stories:

·       More complexity for supply chains in 2023.  (WSJ)

·       More corruption at Eskom. (FT)

·       Will TikTok become an American company? (FT)

·       Technical debt and the failures at SW Airlines? (NYT)

Categories
Daily Compliance News

December 14, 2022 – The Who is Eva Kaili Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you four 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.

Stories we are following in today’s edition of Daily Compliance News:

Categories
Daily Compliance News

December 7, 2022 – The Chief Critical Officer Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you four 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.

Stories we are following in today’s edition of Daily Compliance News:

  • Is the German business model broken? (FT)
  • GOP drooling as Indonesia bans sex outside of marriage. (Reuters)
  • Global auto supply chain in Xingjian? (NYT)
  • Do you need a Chief Critical Officer? (Bloomberg)
Categories
FCPA Compliance Report

David Simon and Mike Walsh on Global Supply Chain Disruption and Compliance, Part 2

In this episode, I visit with Foley & Lardner partners David Simon and Mike Walsh on the disruption to the global supply chain, which I focused on in the podcast series, Never the Same. They have co-authored an article entitled,  Managing Supply Chain Disruption in an Era of Geopolitical Risk on the topic. In this Part 2 of a two-series, we continue our exploration of the current global supply chain and focus on issues relating to China.

Some of the highlights include:

·      Why ever company should prepare for a China confrontation over Taiwan.

·      Is the UFLPA a true game changer for supply chains and compliance?

·      What is the impact of China’s Belt and Road program? It’s debt financing?

·      Why is the global supply chain and indeed the global economy of the past 30 years now dead?

·      What steps compliance functions should take now around the global supply chain of the future.

 Resources

David Simon

Mike Walsh

Managing Supply Chain Disruption in an Era of Geopolitical Risk by Mike Walsh and David Simon

Why Supply Chain Will Never Be the Same After the Russian Invasion by Tom Fox

Categories
FCPA Compliance Report

David Simon and Mike Walsh on Global Supply Chain Disruption and Compliance, Part 1

In this episode, I visit with Foley & Lardner partners David Simon and Mike Walsh on the disruption to the global supply, which I explored in the podcast series, Never the Same. They have co-authored an article entitled,  Managing Supply Chain Disruption in an Era of Geopolitical Risk on the topic. In this Part 1 of a two-series, we begin to explore the topic of the events which have led to the disruption of the global supply chain and the impact on compliance functions. Some of the highlights include:

·      What led to the disruption in the global supply chain?

·      Will this continue for the foreseeable future?

·      Why is the global supply chain and the global economy of the past 30 years or so now dead?

·      Why the impact of this supply chain disruption is greater in the EU than in the US?

 Resources

David Simon

Mike Walsh

Managing Supply Chain Disruption in an Era of Geopolitical Risk by Mike Walsh and David Simon

Why Supply Chain Will Never Be the Same After the Russian Invasion by Tom Fox

Categories
The ESG Report

Responsible Minerals, Supply Chain and ESG with Jared Connors and Daniel Zamora

 

Jared Connors and Daniel Zamora join Tom Fox in this episode of the ESG Report to discuss how market expectations have evolved with regard to due diligence in the responsible sourcing field.

 

 

Due diligence used to be a data collection exercise where you get transparency into your supply chain, but now it’s all about what you do with that information after you collect data. It’s about how a company can move from being reactive to being proactive and going beyond regulatory requirements. It means risk management activities related to identifying sanctions within your supply chain. The first step to becoming proactive with your data due diligence is collecting data more efficiently. This allows you to have the resources in place to perform risk management within your supply chain. “You need to have a specific program in place that would allow you to see and identify the risks so you can see where minerals are coming from and where the minerals are going afterwards,” Daniel says.

 

Under the Biden administration, there has been a major focus on critical minerals when it comes to sanctions and regulations. Critical minerals are not specifically tied to the Dodd-Frank Act, but this focus has emphasized to all stakeholders in the industry to be vigilant about them in general. All stakeholders – downstream companies, shareholders, suppliers, customers, and employees – are engaging in discussions and conversations around the ESG requirements for critical minerals. Having an entity in your supply chain that is tied to a sanction puts you at risk, no matter how direct or indirect that linkage is. 

 

Resources

Jared Connors on LinkedIn

Daniel Zamora on LinkedIn

Tom Fox’s email

Assent

 

Categories
The ESG Report

Supply Chain & ESG: Scope 3 Emissions Reporting Strategy with Devin O’Herron and Jared Connors

 

In this episode of the ESG Report,Tom Fox is joined by Devin O’Herron and Jared Connors of Assent to discuss Scope 3 emissions reporting as the key to disclosure success. They talk about the importance of accounting for Scope 3 in your emissions strategy.

 

 

There are three scope levels within the emissions reporting strategy: Scope 1 refers to things like your vehicle or things you’re doing around your facility; Scope 2 is the purchased heat or electricity powering your facility; and Scope 3 is all those variables outside your four walls. The most important aspect of Scope 3 is purchased goods. This has a large impact on organizations that may not necessarily take in raw materials and directly manufacture those raw materials into a finished good. “Even if your organization designs products and influences those products, you typically will obtain your raw materials components through your supply chain,” Jared says. The supply chain is a very significant factor to consider when coming up with the emissions strategy as a company.

 

A recent study found that Scope 3 emissions are typically 11 times larger than an organization’s Scope 1 and 2 emissions combined. As mandatory climate disclosure legislation progresses into the future, the overall emissions strategy needs to start accounting for Scope 3 as much as possible. “When it comes to Scope 3 emissions in particular, as we think about things like carbon taxes, risk in terms of risk, if you don’t understand what exactly that applies to your organization, you are missing a big opportunity,” Devin stresses. Organizations need to get a handle on their total emissions footprint. You cannot manage what you do not measure. 

 

Resources

Devin O’Herron on LinkedIn

Jared Connors | LinkedIn

Tom Fox’s email

Assent website

 

Categories
Innovation in Compliance

Supply Chain and ESG – What You Need to Know: Episode 2 – UFLPA, Supply Chains and ESG with Travis Miller and Jamie Wallisch

 

Tom Fox welcomes Travis Miller and Jamie Wallisch to part 2 of the Supply Chain and ESG – What You Need to Know podcast series, sponsored by Assent. In this episode, they talk about the Uyghur Forced Labor Prevention Act (UFLPA), and how it impacts the way companies do business across the supply chain.

 

 

The UFLPA is a United States federal law that stops companies from importing products made with forced labor in the Xinjiang region of China, or any other part of China with forced labor by workers or other minorities. This law is important because it makes sure that companies are aware of what is happening and take steps to stop it. The UFLPA makes companies use processes that already exist in their business. To follow the UFLPA, your company would need to have a compliance program in place. Jamie also explains how regulators could assess companies’ compliance programs using the UFLPA. 

 

For ESG to succeed, ESG is important for companies to do well. Each company out there affects more than just the people who work there. It’s not just about who you choose to do business with, but also who you choose to profit from. You can’t just condemn bad business practices verbally. You have to be actively engaged in ethical behavior. 

 

Resources

Assent