Navigating Compliance in Current Global Markets WELCOME …€¦ · Marketing Collusion & Price...
Transcript of Navigating Compliance in Current Global Markets WELCOME …€¦ · Marketing Collusion & Price...
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©2015 Association of Certified Fraud Examiners, Inc.
WELCOME Navigating Compliance in
Current Global Markets
Scott Lane, The Red Flag Group
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• The roles of the global compliance officer and
general counsel are getting more complicated as
they now deal with public scrutiny and exposure
while complying with laws and changing
regulations.
• Identify challenges and pitfalls facing compliance
functions and the role of the compliance officer.
• Recognize the importance of cultural characteristics
in a global organization.
• Respond to compliance challenges in the current
global market with the top 50 things to do.
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IDENTIFY CHALLENGES AND
PITFALLS FACING COMPLIANCE
FUNCTIONS
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• The Compliance Business
– There is no doubt that the compliance industry is
growing, becoming more important to business, and
being recognized as its own profession.
– It is now growing internationally at a significant pace,
with more and more people joining the community.
– The risk areas are increasing, the demands are
increasing, and the expectations of stakeholders are
increasing.
– More and more audit and investigations teams are
being merged into the compliance function.
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• Companies are the subject of increasing obligations that don’t
seem to be slowing down
Bribery and Corruption
• FCPA and UK Bribery Act
• Prosecutions by multiple
countries
• Crackdown by China
Human Rights and Slavery
• New UK Modern Slavery Act
• Significant developments in
countries in Europe and Asia
Collusion & Price Fixing
• New laws on collusion in
emerging markets
• PRC and other countries using this
as a sword against foreign
companies
Environmental
• Constant development of
environmental legislation in
multiple countries
• RoHS
Safety
• Constant development of
safety regulations and
expectations in multiple
countries
• REACH
Regulatory
• Dodd Frank
• California Transparency
• Conflict Minerals
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• Managing risk involves more people and
more coordination
Audit
Product
Quality
Legal
Finance
CSR
Export
Sourcing
Business
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Corruption
& Bribery Data
Security
Personal
Information
Health
&
Safety
Employee
Rights
Sanctions
Environmental
Politics Export
Control
Human
Rights
Modern
Day
Slavery
IP
Animal
Testing
Sustainability
Conflict
Minerals
REACH
Diversity
Climate
Change Irresponsible
Marketing
Collusion
& Price
Fixing
Money
Laundering
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• Companies don’t have a unified platform to
manage compliance
Unified Platform
for Integrity &
Compliance
Risk
Management
Risk
Management
Product
Groups
CSR
In-Country
Teams
Industry
Consultants
and Experts Legal and
Compliance
Finance
Logistics &
Shipping
Manufacturing
ERP Systems and Procurement Systems
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• People. Process. Technology.
People
Process
Technology
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More audits from customers that will be more detailed
and have greater weight with ‘pushed down’
responsibility
More investigations from authorities across a broader
spectrum of countries
More accountability for channel partner and supplier
issues
• Companies are being held responsible for the acts of their
business partners and suppliers even in the absence of
causation and knowledge.
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• More legislative changes are pushing more obligations
onto companies to self-manage and not rely on
governments to enforce and prosecute
Modern Day
Slavery
Corrupt
Practices
Sanctions Supplier
Transparency
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• Consumers make decisions based on
emotion, and negative issues will affect
consumer demand if boycotts are
activated.
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• Potential liability and reputation damage
caused by issues becoming known and
having ‘trial by media’
Challenge for Trial by Media
Boycott and
industry groups
Global topical issues
24Hr Media Cycle
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• Cost Challenges
– Increased pressure on companies to reduce
costs means there is a need to show the value
of what compliance is doing and how it is
driving the business.
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• Improving the Profession
– Common challenges in helping compliance
move the profession beyond:
– Defensive box checking
– Police/enforcement
– Roadblocks to sales
– Unnecessary policies with minimal movement
for local issues
– Disconnected from reality
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Disconnect from
HQ
Languages and
cultural elements
Lower perception
of risk by the
business
Language
challenges
Local
government
enforcement
Local competitors
Lack of experts
locally
• Cultural Challenges
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• Foreign companies are under the spotlight
in local markets, especially in China:
– Enforcement of issues is increasing in China,
Russia and other key markets, yet many
companies try and roll out ‘global’ programs
across businesses that are multiple $B in
certain markets
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RESPOND TO THE
CHALLENGE
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Drive more efficiency into
compliance and the business
Challenge assumptions on how
things are done and why
Add more value to growing the
business
Get predictive
Do more with Less
• Overall Message
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Training
Administration
and Management
Screening and
Due Diligence for
Third parties
Audits and
Reviews
Middle Tier
Investigations Technology
• Challenge what you are doing
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Identify low risk
work
• Identify work
that is repetitive
and low risk
• Requires minimal
oversight
• Administrative
Resources
• Identify who is
best to do the
work
• Consider putting
compliance
resources in low
cost offshore
locations
• Utilize already
existing shared
services in your
company
Improve Efficiency
• Use your
offshore
compliance team
for low risk work
• Focus your
resources on
higher end risks,
predictive
analytics, and
getting ahead of
the risks
• Identifying ways to reduce costs
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Push work to other
groups
Learn to sell
Charge the business
for direct costs
Merge costs into M&A
capital costs
Reevaluate suppliers
• Being more efficient
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Business
Partnering
Stakeholder
Management
Change
Management
Process
Design &
Improvement
Budgeting
and
Reporting
• Developing your compliance team
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Why does everyone need compliance training?
Are we really focused on the right areas?
Is the lowest cost resource managing these issues?
How to move beyond the “compliance has no budget” problem
How to get compliance to be predictive not reactive
• Challenge why you are doing things
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• Channel stuffing
• Licensing issues Channel Partners
• Human rights and slavery
• Sanctions Supplier Risks
• Sanctions Customers
• Safety
• Environmental
• Human rights
Reputation
Risk
• Lots of new risks are evolving
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Communicate
Show value
Calculate savings constantly
Understand the business
Understand their uniqueness
• Managing your stakeholders
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Get
proactive
Get
predictive
Stop
checklists
Monitor
everything
Measure
and report
• Steps to be a great compliance leader
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Great Compliance
Very
focused
on key
risks
Supportive
of
business
objectives
Get
proactive
and
predictive
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©2015 Association of Certified Fraud Examiners, Inc.
WELCOME Navigating Compliance in
Current Global Markets
Scott Lane, The Red Flag Group