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FCPA Compliance Report

FCPA Compliance Report – Navigating Export Control and Trade Sanction Challenges in Venezuela: Insights from Brent Carlson

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this inaugural episode of 2026, Tom Fox welcomes back Brent Carlson, a specialist in trade and economic sanctions, focusing on compliance issues related to Venezuela.

Tom and Brent discuss the shifting political landscape, potential business opportunities in the energy sector, and the steps compliance professionals need to take to navigate new regulations and restrictions from the export control and trade sanctions perspective. Brent emphasizes the importance of a robust, business-aligned compliance strategy, a non-siloed approach involving all risk disciplines, and proactive dialogue with regulators. They also discuss the heightened enforcement landscape and the need for companies to remain vigilant and adaptable in a rapidly changing global environment.

Key highlights:

  • Focus on Venezuela: Navigating Export Controls and Sanctions
  • Business Opportunities and Risks in Venezuela
  • Importance of Understanding Business Operations
  • Board of Directors: Asking the Right Questions
  • Geopolitical Changes and Risk Management

Resources:

Brent Carlson on LinkedIn

Red Flags Rising website

Tom Fox

Five-Part Blog Post Series on Doing Business in Venezuela on the FCPA Compliance and Ethics Blog

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Blog

Returning to Venezuela: Part 3 – Export Controls and the Illusion of “Reopening”

We continue to explore what the ‘reopening’ of Venezuela to US energy companies means for the compliance professional. Over the last two days, we considered the corruption issues in Parts One and Two of this blog post series. Today in Part 3, we look at export control and trade sanction issues. I spoke with Brent Carlson, founder of Red Flags Rising Solutions LLC, for his insights.

When the White House announces that U.S. oil companies may be returning to Venezuela, the business press immediately begins talking about opportunities. Compliance professionals should be talking about risk. Not hypothetical risk. Not academic risk. Real, layered, enterprise-threatening risk that sits at the intersection of export controls, sanctions, geopolitics, corruption, security, and board oversight. The conversation I recently had with Carlson makes one thing abundantly clear: Venezuela is not “opening.” It is recalibrating. And compliance programs that treat this moment as a return to business as usual will fail.

Venezuela Remains a High-Risk Jurisdiction by Design

Let us start with first principles. Venezuela remains designated as a D:5 country under the Export Administration Regulations (EAR). That places it in the most restrictive category, alongside jurisdictions such as Iran and North Korea. Even the shipment of EAR99 items can be problematic under the current framework.

That legal reality did not change simply because the President met with U.S. energy executives. Carlson is clear on this point. Whatever policy adjustments may come will be sector-specific, narrowly tailored, and aligned with geopolitical priorities, particularly oil production. There will not be a wholesale rollback of export controls or sanctions. For compliance professionals, this means one thing: the law today is the law as it existed yesterday. Until the Bureau of Industry and Security (BIS) and OFAC issue formal guidance, licenses, or regulatory amendments, nothing has changed.

Regulatory Enforcement Follows Politics, but Law Follows Process

One of the most important compliance insights Carlson offers is that regulatory enforcement follows political drivers, which in turn follow geopolitical drivers. That is undoubtedly true. But it is also where companies get themselves into trouble. Political signaling is not legal authorization. Tweets, speeches, and press briefings do not override the Export Administration Regulations, OFAC sanctions, or anti-money laundering laws. Compliance programs must be built to withstand whiplash, not chase headlines.

This is especially critical in Venezuela, where any meaningful restart of oil production will require billions of dollars, long project timelines, complex infrastructure, and sustained government engagement. These are not quick deals. They are multi-year commitments that must be compliant from day one.

Start With the Business, but Do Not Stop There

Carlson emphasizes that compliance analysis must begin with the business opportunity itself. What is the company actually trying to do? What products or services will be provided? Who will operate them? Where will the equipment go? Who will maintain it? For compliance professionals, this requires operational fluency that goes far beyond policy review. You must understand the business process step by step. Not in the abstract. Literally, transaction by transaction.

This exercise does more than identify export control risks. It exposes corruption, diversion, money laundering, security, and reputational risks. Venezuela is not a jurisdiction where silos survive.

Dual-Use Risk Is Not Theoretical in Venezuela

Any company operating in the energy sector must assume heightened scrutiny around dual-use items. Control systems, industrial machinery, software, and communications technology can all be repurposed. Carlson makes an important point here. Companies that manufacture or deploy these items already know where the risks are. The issue is not ignorance. The problem is prioritization and escalation.

This is where proactive engagement with the BIS becomes essential. Unlike some areas of compliance, export controls encourage dialogue with regulators. Companies can and should engage BIS field offices early to discuss proposed transactions, licensing pathways, and regulatory obstacles. This is not lobbying. It is compliance.

One of the most powerful insights in our discussion is the call for compliance professionals to sit down with business operations and map every operational step. This is not busywork. It is risk triage. Too often, compliance reviews occur after a deal is already emotionally committed. At that point, compliance becomes the obstacle rather than the enabler. Carlson is explicit: sales and operations teams do not want to waste time on deals that will collapse under regulatory scrutiny. When compliance is embedded early, it improves deal quality. It filters out bad opportunities and strengthens good ones. That is value creation.

Siloed Compliance Will Fail in Venezuela

If there is one jurisdiction where compliance silos are fatal, it is Venezuela. Export controls intersect with sanctions. Sanctions intersect with AML. AML intersects with corruption. Corruption intersects with security. Security intersects with human rights and ESG. Carlson cites enforcement actions where companies failed because information did not flow across functions. Finance saw one risk. Operations saw another. Compliance saw a third. No one saw the whole picture.

For Venezuela, companies must adopt a non-siloed, enterprise-wide risk model. Export control specialists must talk to anti-corruption teams. Treasury must talk to security. Legal must talk to operations. This is not optional.

Board Oversight Must Evolve Beyond Periodic Updates

Boards of directors will play a decisive role in whether companies succeed or fail in Venezuela. Carlson is clear that boards must demand updated, transaction-specific risk assessments focused on central compliance risks, not generic program health. This is not about micromanagement. It is about governance. Boards must understand that Venezuela presents a dynamic risk environment where geopolitical shifts can occur overnight. The right board questions are not “Do we have a compliance program? ” They are:

  • What export control risks are central to this opportunity?
  • What sanctions exposure remains?
  • How are we monitoring changes in real time?
  • What is our exit strategy if conditions reverse?

The Case for a Standing Enterprise Risk Committee

Carlson raises a critical governance concept: the need for a standing, cross-functional risk committee empowered to act quickly. Not an ad hoc task force. Not an annual review. A permanent capability. We are no longer in a stable geopolitical environment. Long-trusted partners can become sanctioned entities within weeks. Supply chains built over decades can collapse overnight. For compliance professionals, this reinforces the need for real-time risk sensing, escalation protocols, and decision authority. Venezuela is simply the proving ground.

Enforcement Is Coming, Not Fading

The most sobering warning Carlson offers is about enforcement. The U.S. government has been signaling for some time that export control enforcement will increase. DOJ’s Trade Fraud Task Force, BIS outreach visits, and expanded definitions of “knowledge” under the EAR all point in the same direction. Compliance professionals should recognize the parallel to early FCPA enforcement. Policies alone are not enough. Programs must demonstrate that they identify high-probability risks, escalate them, and act. Testing matters. Documentation matters. Integration matters.

Final Thoughts

The prospect of renewed oil activity in Venezuela is not a green light for compliance. It is a stress test. Companies that approach this moment with discipline, humility, and integrated risk management can create value while protecting themselves. Companies that treat it as a political reopening will find themselves exposed on multiple fronts. For compliance professionals, this is a defining moment. The question is not whether Venezuela is open for business. The question is whether your compliance program is ready for the real world.

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FCPA Compliance Report

FCPA Compliance Report: Going into Venezuela, Navigating the Corruption Risks, a Conversation with Matt Ellis

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. We take a short break from our 2-part series with Mike Volkov to review the issues arising from the Trump Administration’s invasion of Venezuela. Matt Ellis joins Tom Fox to look at what all this means for companies looking to do business in Venezuela.

They discuss the complex landscape of doing business in Venezuela, focusing on the rampant corruption, security challenges, and the implications of U.S. sanctions. They explore the risks associated with engaging with the national oil company, PdVSA, and the broader implications for U.S. companies considering re-entry into the Venezuelan market. The conversation also touches on Cuba’s role, international organizations, and the potential for infrastructure rebuilding in Venezuela, emphasizing the need for long-term strategies and careful risk management.

Key highlights:

  • Navigating Corruption and Security Risks in Business
  • Banking and Money Laundering Concerns
  • Cuba’s Role and Sanctions Implications
  • International Organizations and Corruption Regulations
  • Infrastructure Rebuilding in Venezuela
  • Long-term Strategies for Companies

Resources:

Matt Ellis on LinkedIn

Miller & Chevalier LLC

Tom Fox

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FCPA Compliance Report

FCPA Compliance Report-Episode 788 – Beyond Borders: Navigating Export Control, Sanctions, and Vendor Risk in 2026 with Stephanie Font

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom welcomes Kristy Grant-Hart, Stephanie Font from Diligent delve into the intricate landscape of compliance challenges anticipated in 2026 and beyond. The discussion focuses on the dynamic regulatory environment, specifically around export control, sanctions, and vendor risk. Stephanie shares insights from her extensive background in due diligence, discussing how the scope and focus of due diligence have expanded over the years. The webinar covers compliance challenges associated with BIS and export control compliance, especially the affiliate rule, and the complexities surrounding China-related risk management. Additionally, they explore the DOJ National Security Division’s Data Security Program and its impact on compliance. The session emphasizes the necessity of a robust process to manage regulatory instability, highlighting the importance of proactive documentation, risk audits, and continuous monitoring.

Resources

Stephanie Font on LinkedIn

Diligent Website

Tom Fox

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ACI FCPA Conference 2025

ACI Post Conference Reflections: Mike Huneke Insights on DOJ’s Trade Fraud Task Force and Tariff Enforcement

By special arrangement with ACI, I was able to record several participants, speakers, panelists, and moderators from the recently concluded ACI-FCPA and Global Anti-Corruption Conference held at the Gaylord near Washington, DC. This podcast details the guest’s experience at the event. In the second of our series, I visit with Mike Huneke from Morgan Lewis about the recent ACI FCPA and Global Anti-Corruption Conference.

We delve into the DOJ’s presence and announcements, particularly regarding the new Trade Fraud Task Force. Discussions include the robust focus on tariff enforcement, the implications for corporate compliance, and the need for companies to prepare for intensified scrutiny. The conversation also highlights changes from past FCPA frameworks to current practices. The episode offers valuable insights for those in the corporate compliance field, stressing the importance of being proactive and ensuring frontline staff are well informed about new enforcement priorities.

Key highlights:

  • Morning Panel Insights
  • DOJ’s Renewed Presence
  • Task Force and Enforcement Strategies
  • Compliance and Corporate Challenges
  • Conference Reflections and Community
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Daily Compliance News

Daily Compliance News: November 14, 2025, The Hardest Year 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, including compliance, ethics, risk management, leadership, or general interest, relevant to the compliance professional.

Top stories include:

  • The $1tn Man tells workers 2026 will be the ‘hardest year’. (BusinessInsider)
  • Top Ukrainian energy ministers resign. (AP)
  • How China Evaded Sanctions to Obtain Chips. (WSJ)
  • Stupid is as stupid does-all South Korean visas in GA reinstated. (NYT)

The Daily Compliance News has been honored as the No. 2 in the Best Regulatory Compliance Podcasts category.

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Daily Compliance News

Daily Compliance News: March 20, 2025, The Fluid 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.

Top stories include:

  • Business execs call Trump’s trade policy ‘fluid’. (NYT)
  • Ex-Credit Suisse head of risk and compliance fined in Switzerland. (Bloomberg)
  • DOJ enforcement outlook in healthcare under Trump. (Reuters)
  • 4 arrested in the EU Huawei scandal. (Politico)
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2 Gurus Talk Compliance

2 Gurus Talk Compliance – Episode 43 – The Tribute to Jimmy Carter 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! Today, Tom and Kristy open 2025 with a rollicking episode starting with a tribute to Jimmy Carter, who signed the FCPA.

 

Stories this week include:

  • Do a premortem on your compliance program this year? (WSJ)
  • Is litigation financing justice? (WSJ)
  • Lady MacBeth lives. (Greek Reporter)
  • Is CFIUS Corrupt? (WSJ)
  • Auditing firms call the value of metrics ‘speculative.’ (FT)
  • On the Front Lines of the Trade War: How Customs Officers Screen for Prohibited Goods at U.S. Ports  (WSJ)
  • Ephemeral and Off-Channel Communications – Are we missing the serious questions?  (Ideas and Answers)
  • Businesses Preparing for Another Year of Geopolitical Tumult  (WSJ)
  • Will 2025 Be the Watershed Year for Return-to-Office Mandates? That Depends. (WSJ)
  • The Florida Man Games Return on March 1, 2025  (thefloridamangames.com)

Resources:

Kristy Grant-Hart on LinkedIn

Spark Consulting

Prove Your Worth

Tom

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12 O’Clock High-a podcast on business leadership

12 O’Clock High, a podcast on business leadership – Jared Connors on Navigating PFAS Regulations, Trade Sanctions, and Sustainability Reporting in 2025

12 O’Clock High, an award-winning podcast on business leadership, brings together stories from history, the arts, sports and movies, research, and current events to consider leadership lessons. In this episode, Tom is joined by Jared Connors to navigate PFAS Regulations, Trade Sanctions, and Sustainability Reporting in 2025.

Tom welcomes former colleague Jared Connors to discuss key compliance issues as 2024 approaches. Their conversation dives into PFAS regulations, trade sanctions, sustainability reporting, and how businesses must navigate these complex landscapes. Jared explains the critical impact of PFAS ‘forever chemicals,’ shedding light on state-level and federal restrictions and the international obligations of companies involved in manufacturing and distribution. The episode also tackles the implications of trade sanctions and how companies can manage their supply chains to avoid disruptions, especially in light of global tensions and shifting political dynamics. Moving forward, Jared provides insight into upcoming sustainability reporting obligations, such as the EU’s Corporate Sustainability Reporting Directive (CSRD) and California’s new stringent laws, emphasizing the importance of data collection and transparent reporting in mitigating risks. This episode provides a comprehensive overview for compliance professionals looking to stay ahead of regulatory changes and market expectations.

Key highlights:

  • PFAS: The Forever Chemicals
  • Sanctions and Trade Restrictions
  • Corporate Sustainability Reporting Directive (CSRD)
  • Impact of Tariffs on Companies

 Resources:

Jared Connors on LinkedIn

Assent Compliance

Tom Fox

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10 For 10

10 For 10: Top Compliance Stories For the Week Ending November 30, 2024

Welcome to 10 For 10, the podcast which brings you the week’s Top 10 compliance stories in one podcast each week. Tom Fox, the Voice of Compliance brings to you, the compliance professional, the compliance stories you need to be aware of to end your busy week. Sit back, and in 10 minutes hear about the stories every compliance professional should be aware of from the prior week. Every Saturday, 10 For 10 highlights the most important news, insights, and analysis for the compliance professional, all curated by the Voice of Compliance, Tom Fox. Get your weekly filling of compliance stories with 10 for 10, a podcast produced by the Compliance Podcast Network.

  • Larry Thompson looks back. (Press Release)
  • VW to exit Jingjing region of China. (NYT)
  • Hong Kong becoming financial crime hub.  (WSJ)
  • China Defense Minister under investigation for corruption. (FT)
  • Thale under corruption investigation. (BBC)
  • Was it fraud or worse? (NYT)
  • What happens when a company loses its groove.  (WSJ)
  • How the Adani case will test the long arm of US jurisdiction. (Bloomberg)
  • SEC racks up $8bn in penalties under Gensler. (WSJ)
  • 30 Chinese companies added to blacklist.  (WSJ)

For more information on the Ethico Toolkit for Middle Managers, available at no charge by clicking here.

You can check out the Daily Compliance News for four curated compliance and ethics related stories each day, here.

Check out the full 3-book series, The Compliance Kids on Amazon.com.

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