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Everything Compliance

Everything Compliance: Episode 153, The CW 25 Edition

Welcome to this edition of the award-winning Everything Compliance. In this episode, the quartet of Matt Kelly, Jonathan Armstrong, Karen Moore, and Karen Woody is hosted by Tom Fox, the Compliance Evangelist.

  1. Karen Moore looks at state, international, and private prosecutions of various ABC laws. She rants at the Department of Education for setting up a 1984-style anonymous reporting line for students to report on their teachers.
  2. Matt Kelly reviews the Glencore DPA record. He has a shout-out to Microsoft for picking up Jenner & Block as counsel and rants about the GOP effort to abolish the PCAOB.
  3. Jonathan Armstrong reviews changes at the UK SFO. He shouts out to the compliance community for their support of Diana Trevley and encourages her continuing recovery now that she is back in the US.
  4. Karen Woody considers tariffs as a new source for FCA claims and shouts out to the movie Conclave.
  5. Tom Fox shouts out to former San Antonio Spurs coach Gregg Popovich, who announced his retirement on May 1.

The members of Everything Compliance are:

Tom Fox, the Voice of Compliance, is the host, producer, and sometimes panelist of Everything Compliance. He can be reached at tfox@tfoxlaw.com. The award-winning Everything Compliance is part of the Compliance Podcast Network.

Categories
Daily Compliance News

Daily Compliance News: May 7, 2025, The Private Lives 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 in 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.

Top stories include:

  • UBS will pay over $500MM to settle the tax fraud case. (WSJ)
  • Mike Jeffries was found incompetent to stand trial. (BBC)
  • Do CEOs have private lives? (Bloomberg)
  • Fighting Trump’s tariffs. (FT)
Categories
Red Flags Rising

Red Flags Rising: S01 E09 – Tariffs: Navigating Uncertainty & Mitigating Enforcement Risk

Mike & Brent jump into tariffs to focus on practical strategies to navigate these uncertain times and mitigate the risk of future enforcement actions. Specifically, they discuss what longer-term geopolitical trends help businesses to plot a strategy despite being whipsawed by tariff news each day (01:57), a recent and helpful Foreign Affairs article, by Emily Kilcrease and Geoffrey Gertz of the Center for a New American Security (03:21), the recent book “Chokepoints: American Power in the Age of Economic Warfare” by Edward Fishman and his description of the “impossible triad” between economic interdependence, economic security, and geopolitical competition (04:21), relevant historical background on the rise of China after the Second World War and its current oversupply problem (04:54), how severe pressures on businesses in both the U.S. and China will create white collar compliance risks today and enforcement risks tomorrow (07:42), customs evasion enforcement risk under the U.S. False Claim Act (FCA) and the FCA’s definition of “knowledge” (08:06), the importance of dynamic assessments of customs evasion risks (11:25), potential fines and penalties from U.S. Customs & Border Protection (CBP) and U.S. Department of Justice (DOJ) enforcement (12:54), a deeper dive into the FCA’s “knowledge” standard and its similarities to the “high probability” standard under the U.S. Export Administration Regulations (EAR) (16:14), and practical strategies for companies trying to manage these risks (17:50). Then they conclude with another installment, back by increasing popular demand, of Brent Carlson’s “Managing-Up” segment (20:39).

Resources:

Geoffrey Gertz & Emily Kilcrease, “A World Safe for Prosperity How America Can Foster Economic Security,” Foreign Affairs Magazine

Edward Fishman, “Chokepoints: American Power in the Age of Economic Warfare”

Brent LinkedIn

Mike LinkedIn

Mike & Brent’s “Fresh Looks” Series

Categories
Daily Compliance News

Daily Compliance News: April 22, 2025, The Upping Your Game 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 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. Yesterday, Trump rolled back almost all tariffs he had imposed 48 hours earlier. We look at four stories on that issue from the compliance angle.

Top stories include:

  • On the use of AI in a compliance program. (LinkedIn)
  • Nadine Menendez was convicted. (WSJ)
  • Why do you need a tariffs chaos playbook? (NYT)
  • SEC awards whistle-blowing tipsters. (Bloomberg)
Categories
Compliance Tip of the Day

Compliance Tip of the Day – The Role of Supply Chain and Compliance in Tariffs

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, we aim to provide 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 how compliance can support your company’s Supply Chain in this era of tariff hikes and their suspensions.

Categories
Blog

Tariff Week, Part 5 – The Supply Chain and Compliance in the Age of Trump Tariffs

We conclude our 5-part series on the macroeconomic implications of President Trump’s recent tariff hikes and suspensions. Business leaders and compliance professionals are grappling with navigating this unprecedented landscape, and understanding the nuances of this evolving situation is crucial for corporate strategy and compliance preparedness. For today’s concluding Part 5, we consider how compliance can support your company’s supply chain in this era of tariff hikes and their suspensions.

Today’s discussion is based on the Harvard Business Review (HBR) article entitled The Tariff Wars Just Upended Your Supply Chain. Here’s How to Adapt by Willy C. Shih and Veronica Chua. By adapting this article for a compliance audience, I hope to show compliance professionals that the complexities introduced by recent tariff fluctuations are not confined to supply chain managers alone; compliance professionals are also grappling with unprecedented challenges. Understanding and responding to these challenges fortifies your compliance framework and empowers your business to adapt swiftly and smartly.

Lesson 1: Precision and Preparedness with Documentation

Supply chain disruptions underline the critical importance of maintaining accurate country-of-origin documentation. Tariff wars remind compliance professionals that documentation must not be treated as a mere formality. Rigorous attention to the accuracy and completeness of documentation mitigates risks of customs delays, penalties, or even seizure of goods. For instance, when President Trump’s administration suddenly eliminated the de minimis exemption, chaos ensued due to inadequate preparation for increased tariff documentation and customs scrutiny​.

Compliance professionals must proactively ensure thorough, timely, and precise documentation, verifying every link in the supply chain. Enforcing rigorous documentation standards gives your organization the agility needed during sudden regulatory shifts.

Lesson 2: Strategic Location Assessment and Risk Management

The article stresses that managers must reconsider their manufacturing locations strategically, examining feasibility, costs, and potential alternatives​. Compliance professionals play an instrumental role by assessing regulatory risks tied to specific locations and advising management on tariffs, customs compliance, local regulatory changes, and potential geopolitical disruptions.

Your role extends beyond merely following guidelines; you’re a strategic advisor who helps your business navigate complex global trade scenarios. The heightened tariff environment necessitates proactive, detailed compliance risk assessments, ensuring location decisions align with long-term business resilience and regulatory expectations.

Lesson 3: Enhancing Trade Bloc Awareness

Shih and Chua suggest revisiting trading bloc strategies, emphasizing a move toward diversified sourcing and regionalization. The economic implications of retaliatory tariffs underscore that overdependence on specific markets can significantly amplify compliance risks​.

Understanding international trade agreements, regional regulations, and bloc-specific requirements is vital as a compliance professional. Guiding your organization towards a diversified sourcing model reduces susceptibility to single-market fluctuations and enhances your regulatory compliance framework, creating more robust operational resilience.

Lesson 4: Supporting Infrastructure Modernization

A significant lesson from recent disruptions is that the existing U.S. infrastructure for customs and tariffs is severely strained under sudden regulatory shifts. The elimination of the de minimis exemption demonstrated glaring inefficiencies and capacity shortfalls, notably overwhelming customs operations at airports​.

Compliance professionals can play a crucial advocacy role by supporting and lobbying internally for investment in infrastructure modernization. Championing advanced technological systems and automated compliance solutions improves customs clearance processes, reduces human error, and accelerates the flow of goods through complex tariff environments. Your forward-looking compliance perspective keeps the business agile and protects it from potentially severe operational disruptions.

Lesson 5: Anticipating the Ripple Effects of Regulatory Changes

The proposed Section 301 fees exemplify unintended consequences arising from regulatory changes. By failing to account for standard container shipping rotations, proposed tariffs significantly disrupted logistics plans and increased costs for exporters, particularly in agriculture

The lesson for compliance professionals is clear: anticipate and evaluate broader implications beyond immediate regulatory compliance. Conduct scenario planning and impact assessments, forecasting regulatory ripple effects throughout the supply chain. Your predictive compliance strategies, including regular horizon scanning, ensure that your business remains compliant and strategically prepared for operational continuity.

Supporting Your Supply Chain Through Turbulent Times

Compliance professionals are key to navigating the complexities and uncertainties introduced by tariff wars. Your strategic input is not merely about adherence to rules; it is about understanding and mitigating risk, anticipating regulatory shifts, and providing strategic advice to senior leadership.

During these volatile times, compliance is elevated from a back-office function to a critical strategic partner in global operations. By taking charge of meticulous documentation, rigorously assessing location-related risks, understanding trade bloc dynamics, supporting infrastructure advancements, and anticipating the ripple effects of regulatory changes, compliance professionals safeguard their companies and help guide them confidently through the stormy waters of tariff fluctuations.

Moreover, compliance’s value lies in preparedness and strategic anticipation. The unpredictable landscape highlighted by the current tariff war emphasizes why proactive compliance is not merely advisable but imperative. Companies that leverage their compliance teams’ strategic capabilities will find themselves uniquely positioned to weather the storms of international trade and capitalize on the opportunities these shifts create.

As the HBR article underscores, compliance and operational leaders must collaborate closely to effectively handle the shocks from tariff wars. Embrace this partnership as an opportunity. In uncertain times, your role as a compliance professional becomes pivotal, not just to manage risks but to lead strategically, enabling your business to adapt, thrive, and emerge stronger in a challenging global trade environment.

Categories
Compliance Tip of the Day

Compliance Tip of the Day – Compliance Lessons from the Front Lines

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, we aim to provide 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, Tom Fox explores the research showing that some companies have weathered trade wars better than others.

Categories
2 Gurus Talk Compliance

2 Gurus Talk Compliance – Episode 50 – The Tariffs Tariffs Tariffs Edition

What happens when two top compliance commentators get together? They talk 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!

Stories this week include:

  • Trump is redefining what corruption is. (Axios)
  • The pain of doing business with the Trump Administration. (FT)
  • The fired DOJ lawyer accused the current DOJ leadership of corruption. (AP)
  • 8 arrested in Huawei corruption probe. (Bloomberg)
  • Whistleblowers awarded $6.7 million against Texas AG. (Houston Chronicle)
  • New Tariffs Promise Increased False Claims Act Scrutiny on Importers and Other Companies in the Import Chain (Gibson Dunn)
  • Justice Department Scales Back Crypto Enforcement (WSJ)
  • DOJ Monitorship Policy Disappears (Radical Compliance)
  • Navigate Career Chaos: 5 Steps to Find Clarity Now (Psychology Today)
  • Woman arrested after accidentally texting sheriff’s department instead of drug dealer (KKTV)

 

Resources:

Kristy Grant-Hart on LinkedIn

Prove Your Worth

Tom

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Blog

Tariff Week, Part 4 – Compliance Lessons from the Front Lines

This week, we are continuing our deep dive into a critical issue reverberating across boardrooms globally: the macroeconomic implications of President Trump’s recent tariff hikes and suspensions. Business leaders and compliance professionals are grappling with navigating this unprecedented landscape, and understanding the nuances of this evolving situation is crucial for corporate strategy and compliance preparedness. For today’s Part 4, we consider what the research shows about companies that have weathered trade wars in the past better than others.

My discussion today is based on an article in the Harvard Business Review (HBR) entitled Research: Why Some Companies Weather Trade Wars Better Than Others by Di Fan, Daphne W. Yiu, Pengcheng Ma, and Lin Cui. By adapting this article for a compliance audience, I hope to show compliance professionals that there are models in the business world you can adapt for your organization to survive and even thrive in the era of Trump’s trade wars.

Lesson 1: Prioritize Innovation to Mitigate Risks

The first lesson underscored by the research is the significant role innovation plays in ensuring corporate resilience during trade wars. Companies with robust innovation strategies, marked notably by their intellectual property (patents), demonstrated substantially greater resilience. For instance, Huawei significantly ramped up its R&D efforts following the U.S.-imposed restrictions, which enabled the company to reduce its reliance on external technology and bolster its market position through self-developed solutions. The compliance takeaway is clear: Compliance teams must support innovative efforts by ensuring robust intellectual property protections, facilitating compliance with local and international patent laws, and ensuring that R&D investments align with regulatory requirements. Building resilience means actively collaborating with business units to proactively identify regulatory hurdles in innovative technologies, ensuring compliance processes keep pace with innovation.

Lesson 2: Champion Corporate Social Responsibility (CSR)

CSR emerged as a crucial attribute for resilience, highlighting a company’s commitment to sustainability, community engagement, ethical practices, and governance transparency. Companies demonstrating high CSR standards saw notably smaller trade volume reductions than peers. Lenovo’s effective integration of environmental sustainability practices in its production processes and Alibaba’s impactful community engagement initiatives stand as strong examples. Compliance professionals should thus actively promote and enforce robust CSR policies that exceed mere regulatory compliance. This involves stringent oversight of environmental practices, labor conditions, community engagement, and ethical governance across global supply chains, fostering transparent CSR reporting and compliance.

Lesson 3: Cautious Navigation of Political Ties

The research shows that politically entangled companies experienced significant trade value declines during geopolitical conflicts. For instance, entities closely tied to government ownership or influence faced higher trade disruptions. China Unicom and NIO took strategic steps to diminish perceptions of political entanglement through ownership restructuring and transparent governance. Compliance professionals must critically evaluate and mitigate the compliance risks associated with political entanglements. This involves comprehensive risk assessments, transparent reporting, and proactive restructuring where necessary to ensure corporate independence and reduce perceived political risks.

Lesson 4: Diversify and Decentralize Supply Chains

One explicit recommendation from the analysis for buyers is the importance of diversifying supply chains to mitigate risks inherent in geopolitical disruptions. Organizations relying on multiple geographically dispersed suppliers exhibit enhanced resilience. Compliance professionals should advocate for robust supply chain risk management frameworks, emphasizing diversified sourcing strategies. This includes rigorous compliance checks for suppliers, comprehensive due diligence, ongoing monitoring of geopolitical risks, and contingency planning. Ensuring compliance frameworks support decentralized supply chain strategies is critical to managing risks effectively.

Lesson 5: Comprehensive Regulatory Engagement

Lastly, the role of regulators in promoting innovation and CSR initiatives to bolster economic resilience cannot be overstated. Policies supporting technological advancement, environmental sustainability, and transparent governance greatly aid local firms. Compliance professionals must proactively engage with regulatory developments, ensuring timely adaptations in compliance programs. It is vital to effectively leverage governmental incentives and regulations, aligning compliance efforts closely with governmental priorities, including ESG initiatives and innovation support mechanisms.

Navigating the turbulent waters of trade wars demands more than mere reaction; it requires strategic foresight and comprehensive preparedness from compliance professionals. Recent research has outlined that businesses equipped with robust innovation strategies, an ingrained culture of corporate social responsibility, and the ability to navigate political complexities fare significantly better amidst trade conflicts. These attributes serve as safeguards and competitive advantages, enhancing resilience and positioning companies to capitalize on opportunities even during uncertain times.

Additionally, supply chain diversification emerges as a critical strategic imperative. Compliance professionals play a pivotal role here, ensuring that organizations identify and mitigate risks associated with concentrated supplier reliance and foster relationships across multiple regions and partners. Proactive management and diligent due diligence are essential to keep operations agile and responsive to sudden geopolitical shifts.

Moreover, a proactive engagement with regulatory landscapes allows compliance teams to anticipate changes and align business practices accordingly. Compliance professionals who keep a finger on the pulse of regulatory developments can swiftly adapt to new incentives and requirements, ensuring that their organizations remain compliant, resilient, and poised for sustainable growth. This ongoing engagement underscores the evolving role of compliance—from reactive gatekeeper to strategic partner and business enabler.

Ultimately, the lessons drawn from navigating trade wars extend beyond immediate conflicts. They represent a comprehensive compliance and risk management approach emphasizing innovation, sustainability, independence, agility, and proactive regulatory alignment. Compliance professionals adopting these practices protect their organizations from present disruptions and equip them with the strategic resilience necessary to thrive in an increasingly interconnected and geopolitically complex global market. As we look to the future, embracing these lessons will be crucial for compliance leaders determined to turn challenges into opportunities for long-term success.

Categories
Compliance Tip of the Day

Compliance Tip of the Day – Essential Economic Data for Navigating Tariffs

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, we aim to provide 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, Tom Fox explores some of the economic data compliance professionals should consider during these tumultuous times, which is outside data typically considered by a compliance professional.