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www.controlrisks.com © Control Risks Group Limited September 14, 2017 Kent D. Kedl, Senior Partner Making Compliance “Matter” to the Business MANAGING RISK IN ASIA PACIFIC

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Page 1: MANAGING RISK IN ASIA PACIFIC - Global Health …in each market? How do intention and capability differ across sources? How do sources ask for bribes? In what situations? How much

www.controlrisks.com © Control Risks Group Limited

September 14, 2017

Kent D. Kedl, Senior Partner

Making Compliance “Matter” to the Business

MANAGING RISK IN ASIA PACIFIC

Page 2: MANAGING RISK IN ASIA PACIFIC - Global Health …in each market? How do intention and capability differ across sources? How do sources ask for bribes? In what situations? How much

2 © Control Risks Group Limited

A caveat…

道可道非常道The Dao that can be defined is not the true Dao

Page 3: MANAGING RISK IN ASIA PACIFIC - Global Health …in each market? How do intention and capability differ across sources? How do sources ask for bribes? In what situations? How much

3 © Control Risks Group Limited

Compliance is…Compliance is a (metaphor) because it’s main function is to ___________.

“Compliance is a steamroller because it’s main function is to crush business!”

“Compliance is the office of ‘NO!’, preventing you from doing business”

“Compliance is your mother, telling you to behave yourself.”

“Compliance is your stepmother, telling you you’re terrible and that you should behave yourself!”

Page 4: MANAGING RISK IN ASIA PACIFIC - Global Health …in each market? How do intention and capability differ across sources? How do sources ask for bribes? In what situations? How much

4 © Control Risks Group Limited

Compliance aspires to be…

“Compliance is your back-up, helping support the business.”

“Compliance is a shield, helping the business protect itself.”

“Compliance is a business partner because it’s main function is to help grow the business!”

Page 5: MANAGING RISK IN ASIA PACIFIC - Global Health …in each market? How do intention and capability differ across sources? How do sources ask for bribes? In what situations? How much

5 © Control Risks Group Limited

Moving Compliance from “Parent” to “Partner”

What can Compliance do to be more relevant to the business?

1. Understand Compliance’s role in business – increasing value2. Become more fluent in in the company’s business3. Help the company understand the “mechanics of malfeasance”4. Train on resistant strategies

Page 6: MANAGING RISK IN ASIA PACIFIC - Global Health …in each market? How do intention and capability differ across sources? How do sources ask for bribes? In what situations? How much

6 © Control Risks Group Limited

1. Understand Compliance’s role in business – increasing value

Growth+

Profit+

Brand

Value =

Value is measured by the market in “return to shareholders”

sustainable

predictable

reputable

Page 7: MANAGING RISK IN ASIA PACIFIC - Global Health …in each market? How do intention and capability differ across sources? How do sources ask for bribes? In what situations? How much

7 © Control Risks Group Limited

Opp

ortu

nity

1. Understand Compliance’s role in business – increasing value

“Value is the difference between Opportunity and Risk”

Value

Value

Reducing risk increases value

Opp

ortu

nity

RiskRisk

Page 8: MANAGING RISK IN ASIA PACIFIC - Global Health …in each market? How do intention and capability differ across sources? How do sources ask for bribes? In what situations? How much

8 © Control Risks Group Limited

2. Become more fluent in the company’s business…

What does the company do?Why do customers buy us?

How do we differentiate ourselves from the competition?

How do we go to market and why do we do it that way? What third parties do we use and

why do we use them?

What is our growth strategy across our markets?

Page 9: MANAGING RISK IN ASIA PACIFIC - Global Health …in each market? How do intention and capability differ across sources? How do sources ask for bribes? In what situations? How much

9 © Control Risks Group Limited

3. Help the company understand the “mechanics of malfeasance”

What are the key threat sources in each market?How do intention and capability differ across sources?How do sources ask for bribes? In what situations? How much do they ask for? What is the cost of not complying?Where and how is the company most vulnerable?

Pharma / Medtech company

Page 10: MANAGING RISK IN ASIA PACIFIC - Global Health …in each market? How do intention and capability differ across sources? How do sources ask for bribes? In what situations? How much

10 © Control Risks Group Limited

4. Training should focus on resistant strategies

Many companies are moving from “rules-based” to “ethics-based” compliance

– We need to go beyond teaching just the rules

Part of training on ethics is learning a new language– We need to learn how we comply– The challenge of first-generation employees

Your people need to learn to have different conversations with the market

Page 11: MANAGING RISK IN ASIA PACIFIC - Global Health …in each market? How do intention and capability differ across sources? How do sources ask for bribes? In what situations? How much

11 © Control Risks Group Limited

Saying “no” outright may put the source on the spot for corrupt behaviour or make them lose face.

Explain why you need to say ‘no’ and align yourself with the source to solve the problem together.

Example: learning how to say “no”…and still win the deal

We don’t/can’t make illicit payments.

My company has a zero

tolerance policy towards

corruption.

There are new policies/regulations from HQ that I need to follow. Let’s talk about how we can work within

these policies.

I need to make sure that my boss is comfortable with how we do this…let’s

work together on helping her be comfortable.

Page 12: MANAGING RISK IN ASIA PACIFIC - Global Health …in each market? How do intention and capability differ across sources? How do sources ask for bribes? In what situations? How much

12 © Control Risks Group Limited

Q&A

1. Understand Compliance’s role in business – increasing value

2. Become more fluent in in the company’s business

3. Help the company understand the “mechanics of malfeasance”

4. Train on resistant strategies