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

 

Categories
Blog

Supply Chain and ESG-What You Need to Know: UFLPA, Supply Chains and ESG

I recently had the opportunity to visit with several folks from Assent Inc. for a sponsored podcast series entitled Supply Chain and ESG – What You Need to Know. We discussed: ESG drivers with Jared Connors and James Calder; UFLPA, Supply Chain and ESG with Travis Miller and Jamie Wallisch; the New World of Product Compliance and ESG, with Cally Edgren and Devin O’Herron; Emissions Reporting Strategies with Devin O’Herron and Jared Connors; and Responsible Minerals, Supply Chain and ESG, with Jared Connors and Daniel Zamora. Today we review the intersection of the Uyghur Forced Labor Prevention Act (UFLPA), Supply Chains and ESG.

The UFLPA is a law which targets goods made, whole or in part, by forced labor in the China Jing Jang region or made by forced labor in other parts of China by Uighurs, or other minorities. Wallisch explained that it is designed to operate as a de facto trade ban on goods from the Jing Jang region of China. US businesses will face the high burden needed to overcome an expectation of forced labor presumption. Wallisch believes this is the most “significant law placed around the issue of forced labor, and it has the most tangible and concrete terms of repercussions, that companies can potentially face.” Further, she believes the key will be around your documentation to provide to US Customs and Border Protection. Miller noted that this means if you are “asking companies to look back into where the actual sand came from, that got turned into the silica, that got turned into the semiconductor, that got turned into the circuit board, that got turned into the device that finds its way into your laptop. There’s just never been anything like it.”

Interestingly, this ties directly into a company’s overall ESG framework as it is combining all elements in such a program. When you tie the UFLPA, together with anti-corruption laws such as the Foreign Corrupt Practices Act (FCPA), export controls laws and regulations enacted by both the Trump and Biden Administrations and anti-money laundering (AML) laws, such as the AML Law of 2020, you begin to see a more integrated approach by the government and how companies must respond with an integrated approach such as a corporate ESG program. Wallisch concluded, “it’s really signaling the intersectionality of all these particular topics under ESG.”

Miller noted, interestingly, about how much this law and its guidance weave together existing business processes. He believes the UFLPA was “birthed out of the America Supply Chain Executive Order in the US/China trade war, which was focused on semiconductors, critical, raw materials elements that are the subject of the extractives. To comply with it, you could not actually start unless you already had a product compliance program in place. This means that if you do not know the bill of materials, if you do not have an approved vendor list, if you do not know where your components are being manufactured; how do you even begin the ESG program? So really in my opinion, the UFLPA is not novel in that it created something new; it is  novel in that it is forcing companies to use all the existing business processes to tie back the breadcrumbs and figure out things that they should already know and then to be responsible for reporting on them.”

Miller believes that even with the UFLPA and other regulatory initiatives, the real driver here is business and business operations. He believes it will require organizations to recognize that their organizational footprint, for each business extends beyond the four corners of the organization. This will come into play for financing whether through private equity investment, public market offerings, bank loans or other mechanisms. It has not extended down into individual responses to requests for quotes in the business world.

Equally importantly, he said, “it’s also about who you chose to do business with, who you chose to profit from, and it’s not enough that you can just say, well, I outsource the bad stuff; slaves being used in my supply chain and bribery occurring in the same place. That is no longer a sufficient answer. It’s this assessment, it’s this realization that you are the sum of your components. You are the sum of your relationships. The business is not an island. It’s everything being pulled together and your entire impact on the globe, on the people on the world, on the business processes that derives your profitability now must be considered. And that’s quite revolutionary. If you think about it.”

Join us in Part 3, where we consider the new world of product compliance and ESG.

To listen to the podcast this blog post is based upon, click here.

Categories
Daily Compliance News

July 19, 2022 the Like a Good Neighbor edition


In today’s edition of Daily Compliance News:

  • Clean up your China Supply Chain now. (WSJ)
  • Why does the US have a stake in Mexico’s ABC efforts? (Albuquerque Journal)
  • BOA reserves $200MM. (Reuters)
  • Europe prepares for heat apocalypse. (WaPo)
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
Daily Compliance News

June 22, 2022 the TikTok Problem Edition


In today’s edition of Daily Compliance News:

  • Biden’s TikTok problem. (NYT)
  • Complying with the new Uyghur anti-slavery act may be difficult. (WSJ)
  • Companies find leaving Russia difficult. (WSJ)
  • SEC no disparagement clause not invalidated. (Reuters)
Categories
Daily Compliance News

June 21, 2022 the Red Flags for Forced Labor Edition


In today’s edition of Daily Compliance News:

  • Red Flags for forced labor in China battery-making supply chain. (NYT)
  • Will corruption prevent Ukraine from joining the EU? (NYT)
  • What are Scope 4 emissions? (Bloomberg)
  • Uyghur Forced Labor Prevention Act (UFLPA) is poised to go live. (BBC)
Categories
Never the Same

Supply Chains Will Never Be the Same

After the Russian invasion of Ukraine, the world of business will never be the same again. Deputy Attorney General Lisa Monaco recently said that the world’s “geopolitical landscape is more challenging and complex than ever. The most prominent example is of course Russia’s invasion of Ukraine.” It is “nothing less than a fundamental challenge to international norms, sovereignty and the rule of law that underpins our society.” This is even more so in the current business climate. Over this five-part podcast series, I will consider how the business will never again be the same and how a confluence of events of events has changed business forever. I am joined in this exploration by Brandon Daniels, CEO of Exiger. We will explore the irrevocable changes in Supply Chain, trade and economic sanctions, anti-corruption, cyber-security and ESG. In Part 1, we begin with changes in the Supply Chain. Highlights include:

·      How the pandemic sped up changes in the Supply Chain which cumulated with the Russian invasion of Ukraine.

·      How US trade competition with China impacted the Supply Chain.

·      The ethical requirement to support democracy, democratic institutions and democratic countries has impacted the Supply Chain.

·      The national security risks and implications in the Supply Chain.

·      What is the role of compliance in addressing these new risks, challenges and opportunities?

Categories
Blog

Never the Same: Part 1 – Why Supply Chain Will Never Be the Same After the Russian Invasion

After the Russian invasion of Ukraine, the world of business will never be the same again. Deputy Attorney General (DAG) Lisa Monaco recently said that the world’s “geopolitical landscape is more challenging and complex than ever. The most prominent example is of course Russia’s invasion of Ukraine.” It is “nothing less than a fundamental challenge to international norms, sovereignty and the rule of law that underpins our society.” This is even more so in the current business climate.
Over this five-part series, I will consider how business will never again be the same and how a confluence of events has changed business forever. I am joined in this exploration by Brandon Daniels, Chief Executive Officer (CEO) of Exiger. We will explore the irrevocable changes in Supply Chain, trade and economic sanctions, anti-corruption, cyber-security and environmental, social and governance (ESG). In Part 1, we begin with changes in the supply chain as there may well be no area of businesses which has experienced the tectonic shifts that have occurred in the marketplace over the past couple of years than in Supply Chain.
Daniels identified three key reasons for these shifts. The first began with the realization of the untenable actions of the major player on the US supply chain, China. This realization had begun pre-pandemic, when it became clear of the massive theft of US intellectual property by Chinese businesses which led to a huge counterfeit goods problem coming out of China. Daniels estimated that “70% of the world’s counterfeit market is driven by China.” The second was the slave labor issue with China, particularly the Uyghurs. This extensive use of slave labor gave China an economic advantage which in many cases could not be overcome. It was economic warfare by another name.
All of this was exacerbated by the pandemic and we saw what it meant to have an economic and geopolitical adversary as one of your key suppliers during a true worldwide healthcare crisis. This confluence of events led to several key changes in thinking about supply chain. First, supply chain efficacy is not about weather events, it is not about logistics, it is not about just in time. There are much broader sets of issues for supply chain that had not come to the fore previously but came much more clearly into focus, such as geopolitical tensions. According to Daniels, “we realized that supply chain is multifaceted in terms of issues.”
Next came the recognition of the need for more and greater government oversight and regulation. The need to stamp out modern slavery led to the passage of the Uyghur Forced Labor Prevention Act. This law significantly expanded compliance requirements for companies to certify that goods made with forced labor in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China do not enter the United States. Interestingly, the law created the presumption that all goods produced in Xinjiang were produced using forced labor, with the burden of proof resting on companies to demonstrate that materials, parts, and goods originating in China were not mined, produced, or manufactured wholly or in part in Xinjiang. There was also a business and government realization that many of the key rare earth elements and minerals widely used in US manufacturing process came from China and now Russia.
Daniels put all of this into perspective when he said, “you had this big earthquake in the pandemic, but then you had all these fault lines that we didn’t realize that were on the edge of a precipice. We were in these really brittle places and just all fell apart with the Russian invasion of Ukraine. From rare earth elements like neodymium which is used in securing a F35 to electric car batteries, to metals and heavy metals used in standard manufacturing processes such as aluminum, iron and neon; supply chain disruptions were all acerbated by the Russian invasion of Ukraine on top of the ongoing disruptions from the pandemic and beyond.”
Finally, was a new element to the supply chain calculus, what Daniels termed “the ethical conundrum.” Russia has engaged in a brutal unjustified war that has disrupted the flow of goods and services from both Russia and Ukraine. Neon, a key element for processing chips, is heavily concentrated in Ukraine as are some of our largest outsourced engineering software companies. As the US and EU governments have responded with a series of harsher and more robust economic and trade sanctions the pressures on supply chain have increased. You must look at greater and more ongoing due diligence and greater sustainability.
These issues have moved beyond simply national security issues in the governmental and public sector. As DAG Monaco said, “Increasingly, you and your clients are on the front lines in responding to these geopolitical realities…our goal is not only to hold people accountable, but to disrupt these threats using all the tools available to us.” Private companies must understand they are now a part of what Daniels characterized as “continuous non-kinetic warfare.”
But in addition to this new type of warfare of which every business is now a part of going forward, it all ties back to US economic prosperity. While this was clear in the US adversarial relationship with China pre-pandemic; it accelerated during the pandemic and now after the Russian invasion of Ukraine. If you could not get a mask so that you could go to work during the pandemic, that health issue became an economic issue. If you were doing business with a Russian oligarch, the reputational damage to your top line will negatively impact your company, perhaps in a material manner.
Tomorrow we consider why economic and trade sanctions will never be the same.

Categories
The ESG Report

Issues in Energy Supply Chain with Daniel Banes and Mark Henderson


 
In this very unique ESG Report, Tom Fox welcomes special guests, Daniel Banes and Mark Henderson. Daniel Banes is the President of Commercial Tech and Mark Henderson is the Director of Solution Design Lead at Exiger, a company dedicated to altering the playing field related to fraud and financial crime. In this powerful episode, they discuss the effects of ESG in the energy industry and the role of the supply chain in ESG.
 

 
The Evolution of ESG in the Energy Industry 
Tom asks how ESG regulatory risk management has evolved within the energy industry. Mark explains that historically consumers, governments, and companies focused on the environmental issues in ESG, but recent global trends and regulations brought social issues to the forefront. Mark says that the Supply Chain Due Diligence Act that would come into effect in Germany on January 1st, 2023 is an example of social issues taking the front seat globally. This act would “require companies to identify, assess, prevent and remedy human rights risks, and impacts across their supply chains”. If companies do not comply with these laws, they are at risk of being fined and possibly excluded from earning contracts in Germany’s public sector for up to three years.
 
Climate Risk Management versus the Energy Industry 
Recently the SEC proposed new rules about climate risk management disclosure and Tom asked Daniel how he thinks it would affect energy companies. Dan responds that it means that energy companies would now be held accountable; over the years most companies proposed that they would be carbon neutral by a certain date, and it never materialized. “Having this disclosure rule gives the public insight – across the board for all public companies – into those targets that companies are committing to climate-related risks,” Mark says. He adds that financial statements would be audited allowing for more accountability for these companies. 
 
Managing Scope Three
Tom asks Daniel how he believes energy companies would manage Scope Three and how they could be connected to the proposed SEC rules about accountability and transparency. Mark explains, “Scope Three [is] about having data to look into your supply chain and understand emissions that are within your supply chain and have those conversations with your suppliers.” Additionally, it allows a more wholesome relationship to flourish across your supply chains and for efficiencies to be detected before discussing environmental control and risk and emissions. 
 
Resources 
Daniel Banes | Exiger Profile  | LinkedIn 
Mark Henderson | Exiger Profile  | LinkedIn 
Exiger | Exiger’s Supply Chain Explorer 
 

Categories
Innovation in Compliance

Exiger’s Fight to Secure Supply Chains: Spotlight on Healthcare


Welcome to a podcast series on the fight to secure Supply Chains, through cross-industry innovation. This series is sponsored by Exiger. In this series, we will explore the ongoing efforts of Exiger to lead the discussion and enhancement of Supply Chain Risk Management.
Over this series, I visit with Erika Peters, Senior Vice President and Global Head of Third Party & Supply Chain Risk Management;  Tim Stone, Senior Director, Supply Chain Risk Management for Exiger Federal Solutions; Kim Lee, Director who focuses on risk and compliance; Nick Wildgoose, a Consultant at Exiger; Skyler Chi, Director and Deputy Head of Supply Chain and Third-Party Risk Management;  Andrew Lehmann, Associate Director at Exiger; Jennifer Nestor, Vice President at Exiger, Americas and Public Sector; Theresa Campobasso, Senior Director for Defense Programs; Dan Banes President of Commercial Technology, and Mark Henderson, Director of Solution Design Lead.
In this episode 1, we discuss Supply Chain issues in the healthcare industry with Erika Peters and Tim Stone. Highlights of this podcast include:

  • Key challenges for Supply Chain Risk Management in healthcare;
  • Lessons learned from Covid-19 on Supply Chain in healthcare; and
  • The evolving areas for Supply Chain Risk Management in healthcare.

Resources
Erika Peters Profile
Tim Stone Profile
Exiger Website
Exiger’s Supply Chain Explorer