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[607] International Compliance & Risk Management SCCE Compliance & Ethics Institute 2011


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[607] International Compliance & Risk Management SCCE Compliance & Ethics Institute 2011

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[607] International Compliance & Risk Management SCCE Compliance & Ethics Institute 2011

  1. 1. International Compliance and Risk Management viaprimoris and companies Global Presentation by: Ruthann Granito Niosi, Esq. PC , …… one of the companies of viaprimoris
  2. 2. Overview • Inconsistencies and inexperience in the global world • The cross-border client and the big picture • Non-multinational corporations and their needs VIAPRIMORIS and COMPANIES global
  3. 3. In Practice and In Theory The idea sounds great, but you could never do it… Or can you do it?...just in a different way Viaprimoris and companies global
  4. 4. Culture Industry Geographic Location Logistics Desire VIAPRIMORIS and COMPANIES global
  5. 5. Importance of Critical Thinking VS  Over-reliance on internet based research, information  Over-reliance on technology  Myopic thought  CriticalThinking  Practice  Walk through the business VIAPRIMORIS and COMPANIES global
  6. 6. Bribery Act U.K. U.S. Bribing or being bribed is a criminal offense. Bribing (but not being bribed) is a criminal offense. The law prohibits all bribery whether made to a government official or a private person. The law prohibits bribery only of foreign government officials. Facilitating payments, which are small payments made for routine non discretionary services, are not permitted in the UK. An exemption is provided for facilitating payments. The law imposes a new corporate offense: strict liability ( no corrupt intent required) to the corporation for offenses committed by persons associated and acting on behalf of the organization. Strict liability only under the books and records provisions. A company violating the law may be liable for an unlimited fine, and disgorgement of property obtained by the unlawful conduct. A company may be fined up to $2 million for violating the anti bribery provisions. For books and records violations, a company may be fined up to $25 million. VIAPRIMORIS and COMPANIES global
  7. 7. Bribery Act U.K. U.S. Senior officers of the company who have consented to or connived in the illegal conduct may be found to have violated the law and may be sentenced to a prison term of up to ten years, unlimited fines, or both. Individuals found to have violated the anti bribery provisions of the law may be liable for fines up to $250,000 and up to five years in prison. For books and records violations, an individual may be fined up to $5 million and 20 years in prison. There is no books and records provision. The law requires organizations to keep accurate books and records. It is a defense to the corporate offense that the organization had adequate procedures in place to prevent bribery. Enforcement only by the UK Serious Fraud Office. Civil and criminal proceedings can be brought by SEC and DOJ. VIAPRIMORIS and COMPANIES global
  8. 8. Are you thinking Critically? VS My Employer is not in the U.K. I’m not in the U.K. WHAT DOESTHIS HAVETO DOWITH ME? [other than helping me pass the test tomorrow……!!!]  CriticalThinking  Practice  Walk through the business VIAPRIMORIS and COMPANIES global
  9. 9. 2012 Summer Olympics ………sufficient nexus in UK? examples to think about • Corporate Hospitality • Reasonable Proportionate VIAPRIMORIS and COMPANIES global
  10. 10. The Program Goal: Structure a global plan VIAPRIMORIS and COMPANIES global
  11. 11. Risk  Enterprise Analysis = Global Analysis  Elimination  Mitigation  Desired Level of Exposure VIAPRIMORIS and COMPANIES global
  12. 12. Structuring a global plan The Known Address it immediately Standard provisions The Known Unknown Address with a contingency Contingency provisions The Unknown Unknown Hints may be given Assume it, hedge it or walk away viaprimoris and companies global
  13. 13. Fear  Boards need to operate without fear of the unknown  Main risks can drive tactical decisions  Ability to make strategic decisions in near and long term VIAPRIMORIS and COMPANIES global
  14. 14. VIAPRIMORIS and COMPANIES global
  15. 15. Common Obstacles Facing Implementation Lack of communication between responsible parties No advocate to handle integration processes No incentives to influence individuals to accept change Lack of knowledge about cost of redundancy within your organization Lack of alleged value to the company of integrating processes viaprimoris and companies global
  16. 16. mission statement: building organizations that are game changers, Operating globally and shaping corporate culture with ethics and compliance as fundamental principles imbedded in management decisions. VIAPRIMORIS and COMPANIES global
  17. 17. Are you inclusive or under inclusive? How will it work in practice and in theory? Most effective way from a Human Resources standpoint Budgetary issues of maintaining the operation Are you dependant on others? Are you incurring a problematic line item of expense? VIAPRIMORIS and COMPANIES global
  18. 18. Most Importantly… Are you just going through the motions? Are you going to be effective? What is in fact the final result? viaprimoris and companies global
  19. 19. The Goal of the Global Compliance and Ethics Program Documented Over-inclusive Simple Direct Uniform Effective VIAPRIMORIS AND COMPANIES GLOBAL
  20. 20. Summary The program can be used not just on a company-wide basis, but globally with a format easily allowing jurisdictional specific supplements where deemed necessary. viaprimoris and companies global
  21. 21. viaprimoris and companies global HOW DO YOU BUILD A CONSENSUS TO GET WHAT YOU NEED?
  22. 22. viaprimoris and companies global Morality Creativity Spontaneity Problem solving Lack of prejudice Acceptance of facts SELF ACTUALIZATION Self esteem, Confidence Achievement, Respect of others Respect by others ESTEEM Friendship, family BELONGING Safety of body, employment, resources, morality The family, health, prosperity SAFETY Breathing, food, water, sleep, PHYSIOLOGY
  23. 23. VIAPRIMORIS and COMPANIES Global Thinking out of the box What works What doesn’t Coming full circle…. you have a good idea……you just couldn’t do it….or can you…just in a different way…. Lets mix it up
  24. 24. VIAPRIMORIS and COMPANIES Global Law Offices of Ruthann G. Niosi, Esq. P.C. 110 East 59th street 22nd Floor 917-608-5778
  25. 25. Thank You viaprimoris and companies global