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EMERGING CHALLENGES FOR MNCs
          OPERATING IN VARIOUS
          JURISDICTIONS

                   NESAR AHMAD
                   PRESIDENT, THE ICSI




16/2/12                                  1
GLOBALISATION AND INDIA-SOME
          THOUGHTS OF VISIONARIES

"India’s computer scientists are among the
  leaders of companies worldwide."
                 Bill Gates, Microsoft Corporation


“In this century India's economy will be larger
   than the United States.“
                 Bill Clinton, Former US President



16/2/12                                              2
Challenges faced by MNCs -
                 Views of N R Narayanamurthy-
                 Chief Mentor Infosys.


         Creating a Brand Equity
         Openness to accept good ideas
         Be proactive
         Acceptance of meritocracy
         Becoming a learning organisation
         Embracing the speed
         Innovation and imagination
         Excellence in Execution
         Creating better governance
         Learning to work in multi cultural teams

16/2/12                                              3
Key Challenges
    Regulatory
    Transfer pricing
    Cultural
    Governance
    Sustainability
    Money laundering
    Marketing
    IPR
    Competition

16/2/12                        4
REGULATORY

    Expanded Regulatory Landscape (Leads to
     multiple filings)
    To be in pace with Policy Changes of
     Government
    Mode of Compliances. (i.e Different technology
     used for same compliance in different countries)
    Level of Compliances. (Some mandatory
     compliance in one country may be a voluntary
     compliance in another country)


16/2/12                                             5
TRANSFER PRICING

         Multinational companies should tailor their global
          transfer pricing platform to local requirements in higher-
          risk, more complex countries.
         Multinational companies should consider a more
          proactive approach to controversy management.

         Service, intangibles and financing transactions are
          increasingly in the sights of tax authorities. The
          documentation of these categories of transactions
          often lags behind documentation for tangible goods
          transactions. Multinational companies should develop
          or enhance their documentation for these transactions.

          Ernst & Young Global Transfer Pricing Survey 2010)
16/2/12                                                           6
CULTURAL


   Culture usually is a soft concept; it is a set of
    implicit influences that people cannot account
    for completely or accurately.

   Culture consists of the long-standing, largely
    implicit   shared    values,    beliefs,  and
    assumptions     that    influence     behavior,
    attitudes, and meaning in a company (or
    society).

16/2/12                                                 7
CULTURAL
   Cultural differences in MNCs may be Cross-
    national, Cross-organisational, Cross-functional

   Cultural integration calls for integration in terms
    of decision making process, communication
    mechanism, working style, informal aspects,
    attitude and aptitude of employees

   Language hinders communication channels

16/2/12                                               8
Strategies to address
          Cultural Issues


   Analyze and identify the common aspects
    and Consider strength of both cultures
   Change management workshops
   Setting up of Synergy Offices.
   Informal Meeting of employees
   News letters/continuous interactions
   Language Training
                                  ……Contd
16/2/12                                       9
Strategies to address
               cultural issues
Conducting of cultural due diligence and providing solutions.

         leadership vision
         management practices
         governing principles
         policies and procedures
         informal practices
         relationship management
         employee satisfaction
         customer satisfaction
         key business drivers
         organizational characteristics
         organizational perceptions
         communication mechanism etc.

16/2/12                                                         10
GOVERNANCE

   Transparency and Disclosures
   Perception of the Board on their role and
    responsibility
   Board Evaluation/Compensation
   Board Room practices
   Stakeholder Analysis Mechanism




16/2/12                                         11
SUSTAINABILITY

   Environmental issues
   Social issues
   Profitability while satisfying societal
    needs.
   Sustainability Reporting
   Integrated Reporting


16/2/12                                       12
MONEY LAUNDERING

    MNCs may encounter money laundering in at least
    two distinct ways:

   Payments for goods made with illegitimate funds: The
    corporation and/or its products may be used by criminals
    in the process known as "layering" -- distancing the ill-
    gotten gains from the criminal activity by moving it further
    from the illegitimate source; and

   Legitimate corporate funds used for an illegal purpose,
    such as bribery, diversion of funds for personal use, or
    cash bonuses

16/2/12                                                       13
Addressing Money
           Laundering issues
   Training of personnel
   Employing principal officer
   Strong customer due diligence
   Anti-Money Laundering as part of Risk
    Management
   Boards’ role in addressing money Laundering
    issues


16/2/12                                       14
MARKETING

    There is a saying "THINK GLOBALLY, BUT PLAN
    AND ACT LOCALLY".

    Glocal Marketing should take in to consideration

         Customers characteristics
         Segmentation of the market
         Targeting of the company
         Positioning of the product
         Product Offered
         Customers perception about the product the sales
16/2/12                                                      15
IPR
   The protection of Intellectual Property Rights
    is an important challenge for MNCs
   Need for strong IPR policy and strategy for
    management of IPR portfolio
   Need for strengthening IPR institutions for
    effective implementation of IP laws




16/2/12                                              16
COMPETITION

   Implementation of an effective Competition Law
    Compliance programme




16/2/12                                          17
THANK YOU




16/2/12               18

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14. challenges mn cs mr. nesar ahmad

  • 1. EMERGING CHALLENGES FOR MNCs OPERATING IN VARIOUS JURISDICTIONS NESAR AHMAD PRESIDENT, THE ICSI 16/2/12 1
  • 2. GLOBALISATION AND INDIA-SOME THOUGHTS OF VISIONARIES "India’s computer scientists are among the leaders of companies worldwide." Bill Gates, Microsoft Corporation “In this century India's economy will be larger than the United States.“ Bill Clinton, Former US President 16/2/12 2
  • 3. Challenges faced by MNCs - Views of N R Narayanamurthy- Chief Mentor Infosys.  Creating a Brand Equity  Openness to accept good ideas  Be proactive  Acceptance of meritocracy  Becoming a learning organisation  Embracing the speed  Innovation and imagination  Excellence in Execution  Creating better governance  Learning to work in multi cultural teams 16/2/12 3
  • 4. Key Challenges  Regulatory  Transfer pricing  Cultural  Governance  Sustainability  Money laundering  Marketing  IPR  Competition 16/2/12 4
  • 5. REGULATORY  Expanded Regulatory Landscape (Leads to multiple filings)  To be in pace with Policy Changes of Government  Mode of Compliances. (i.e Different technology used for same compliance in different countries)  Level of Compliances. (Some mandatory compliance in one country may be a voluntary compliance in another country) 16/2/12 5
  • 6. TRANSFER PRICING  Multinational companies should tailor their global transfer pricing platform to local requirements in higher- risk, more complex countries.  Multinational companies should consider a more proactive approach to controversy management.  Service, intangibles and financing transactions are increasingly in the sights of tax authorities. The documentation of these categories of transactions often lags behind documentation for tangible goods transactions. Multinational companies should develop or enhance their documentation for these transactions. Ernst & Young Global Transfer Pricing Survey 2010) 16/2/12 6
  • 7. CULTURAL  Culture usually is a soft concept; it is a set of implicit influences that people cannot account for completely or accurately.  Culture consists of the long-standing, largely implicit shared values, beliefs, and assumptions that influence behavior, attitudes, and meaning in a company (or society). 16/2/12 7
  • 8. CULTURAL  Cultural differences in MNCs may be Cross- national, Cross-organisational, Cross-functional  Cultural integration calls for integration in terms of decision making process, communication mechanism, working style, informal aspects, attitude and aptitude of employees  Language hinders communication channels 16/2/12 8
  • 9. Strategies to address Cultural Issues  Analyze and identify the common aspects and Consider strength of both cultures  Change management workshops  Setting up of Synergy Offices.  Informal Meeting of employees  News letters/continuous interactions  Language Training ……Contd 16/2/12 9
  • 10. Strategies to address cultural issues Conducting of cultural due diligence and providing solutions.  leadership vision  management practices  governing principles  policies and procedures  informal practices  relationship management  employee satisfaction  customer satisfaction  key business drivers  organizational characteristics  organizational perceptions  communication mechanism etc. 16/2/12 10
  • 11. GOVERNANCE  Transparency and Disclosures  Perception of the Board on their role and responsibility  Board Evaluation/Compensation  Board Room practices  Stakeholder Analysis Mechanism 16/2/12 11
  • 12. SUSTAINABILITY  Environmental issues  Social issues  Profitability while satisfying societal needs.  Sustainability Reporting  Integrated Reporting 16/2/12 12
  • 13. MONEY LAUNDERING MNCs may encounter money laundering in at least two distinct ways:  Payments for goods made with illegitimate funds: The corporation and/or its products may be used by criminals in the process known as "layering" -- distancing the ill- gotten gains from the criminal activity by moving it further from the illegitimate source; and  Legitimate corporate funds used for an illegal purpose, such as bribery, diversion of funds for personal use, or cash bonuses 16/2/12 13
  • 14. Addressing Money Laundering issues  Training of personnel  Employing principal officer  Strong customer due diligence  Anti-Money Laundering as part of Risk Management  Boards’ role in addressing money Laundering issues 16/2/12 14
  • 15. MARKETING There is a saying "THINK GLOBALLY, BUT PLAN AND ACT LOCALLY". Glocal Marketing should take in to consideration  Customers characteristics  Segmentation of the market  Targeting of the company  Positioning of the product  Product Offered  Customers perception about the product the sales 16/2/12 15
  • 16. IPR  The protection of Intellectual Property Rights is an important challenge for MNCs  Need for strong IPR policy and strategy for management of IPR portfolio  Need for strengthening IPR institutions for effective implementation of IP laws 16/2/12 16
  • 17. COMPETITION  Implementation of an effective Competition Law Compliance programme 16/2/12 17