How to Achieve Know Your Customer (KYC) Compliance

Over the last ten years, financial institutions worldwide, spanning the U.S., Europe, APAC, and the Middle East, have faced a staggering $26 billion in penalties. These fines were meted out for lapses in anti-money laundering (AML) protocols, failing to adhere to “Know Your Customer” (KYC) standards, and other sanctions-related infringements. In this intensified regulatory landscape, it’s imperative for organizations to prioritize risk management and ensure thorough Customer Due Diligence (CDD).

It’s not just about realizing profits anymore; it’s about comprehensive KYC processes, understanding the intricacies of each customer relationship, and seamlessly integrating these practices to remain compliant. As we navigate this challenging terrain, the essence of robust risk management lies in the diligent execution of AML, KYC, and CDD procedures, ensuring organizations are consistently transacting with verified and trustworthy partners.

What Is “Know Your Customer” (KYC)?

“Know Your Customer” (KYC) is a crucial regulatory and compliance process that financial institutions and businesses implement to verify the identities of their customers. The essence of KYC lies in its ability to mitigate risks, ensuring that organizations do not inadvertently engage in transactions with entities or individuals involved in money laundering, fraud, or other illicit activities. The recent Hindenburg research report in March 2023 sheds light on the pressing need for rigorous KYC processes. The report unveiled concerning discrepancies in Block Inc’s user count, suggesting a significant overestimation of legitimate users. The ensuing revelations led to a staggering 22% plummet in Block Inc’s share value, sounding alarm bells across the financial spectrum.

Block Inc, previously recognized as “Square,” is a prominent player in the global financial sector, offering a range of commerce tools and solutions such as Cash App and Afterpay, tailored to bolster business growth. The company faced severe criticism when Hindenburg’s report unveiled that a troubling 40% to 75% of Block’s accounts were either fraudulent, held by fictitious entities, or had multiple accounts tethered to a singular individual.

This report’s aftermath has underscored the importance of KYC in today’s digital age. Although KYC regulations predominantly mandate banks and financial institutions to authenticate customer identities, especially when opening new accounts or availing financial services, the recent fiasco points to its broader significance.

KYC protocols not only help in ensuring compliance but also act as a bulwark against potential financial misconduct. With the rising challenges, many institutions, spanning banking to fintech, are pivoting towards innovative KYC solutions, integrating cutting-edge technologies like biometrics and AI, to enhance accuracy and efficiency in customer identity verification.

The Cost of Ignoring KYC Compliance: A Case Study on ING’s $900 Million Penalty

In September 2018, ING, a well-known bank from the Netherlands, faced a staggering $900 million fine. Why? They didn’t follow the rules meant to stop illegal money activities like money laundering. The Dutch authorities found out that between 2010 and 2016, ING’s operations in the Netherlands fell short of doing the necessary checks and didn’t report shady transactions as they were supposed to.

This event sent shockwaves through the banking world and prompted major European agencies, including the European Central Bank and the European Commission, to take immediate action. They even shared a private document with lawmakers across Europe, highlighting the urgent need to tighten the rules about money laundering and customer verification. The document set a four-month deadline for banks across Europe to up their game in stopping financial crimes.

So, here’s the big question: Can banks do a better job at stopping illegal activities like money laundering, without making life difficult for honest customers? Banks want to make it easy for you to use their services while also keeping out the bad guys. Is there a way to have the best of both worlds?

How Businesses Can Achieve Know Your Customer (KYC) Compliance?

In a dynamic business landscape, ensuring KYC compliance is more than a regulatory mandate; it’s a safeguard against potential threats. Here’s how businesses can efficiently adhere to KYC guidelines:

Embrace Automation in Onboarding:

Implement automated identity verification systems during the customer onboarding phase. Not only does it streamline the process, but it also offers more precise checks compared to manual reviews. For instance, according to a report by McKinsey & Company, automation in financial services can reduce the onboarding time by up to 70%. As James Rickards, financial commentator, stated, “Automation is the future of banking and KYC procedures.”

Multiple ID Checks:

It’s crucial to ask clients, especially high-value ones, to provide multiple forms of identification during the initial onboarding process. Rotating the request for specific IDs randomly can further bolster the verification process.

Regular and Random Checks:

Just the initial verification isn’t enough. To ensure continued compliance, businesses should conduct spontaneous identity checks periodically throughout the duration of client accounts. Deloitte’s 2018 report on banking underlined the necessity for ongoing due diligence, stating, “Continuous customer monitoring is not a luxury but a necessity.”

Stay Alert with PEPs:

If a potential client or business partner matches as a Politically Exposed Person (PEP), businesses should assign a higher risk score. This measure ensures heightened scrutiny during both the onboarding process and the subsequent relationship.

Utilize Advanced Technology:

Adopting technology that evaluates the risk associated with devices used to access financial systems is a boon. Such systems can predict the likelihood of fraud, especially in scenarios like account takeovers, adding an extra layer of security. The Financial Action Task Force (FATF) stresses on the importance of technological innovation to counteract money laundering risks. In their words, “Technology is not just a tool for fraudsters but a weapon for financial institutions.”

In-Person Onboarding for High-Value Clients:

Personal interactions with high-value clients, whenever possible, add an irreplaceable human touch to the due diligence process. A sentiment echoed by Brian Krebs, a cybersecurity expert, “In the digital age, a personal touch isn’t just preference but a shield against sophisticated cyber threats.”

CRI™ Provides Robust KYC and Compliance Solutions for Businesses

In an era where due diligence is paramount, CRI™ emerges as a trailblazer, providing robust Know Your Customer (KYC) and compliance solutions tailored for today’s businesses. Since its inception in 1990, Corporate Research and Investigations Limited, or CRI™, has been the gold standard in safeguarding businesses from potential threats and vulnerabilities. With a dedicated team of over 50 full-time analysts stationed across the globe, from Europe to Asia and the Americas, CRI™ brings localized insights paired with international expertise.

The company’s vast suite of solutions spans from meticulous due diligence, background screenings, and third-party risk management to advanced business intelligence & compliance systems. The dedication to excellence is further underscored by CRI™ having one of the world’s most seasoned and well-trained integrity due diligence teams. As regulations tighten and businesses seek to ensure they are working with trustworthy entities, CRI™ stands as a beacon of reliability, ensuring that every partnership and transaction aligns with global compliance standards.

DUE DILIGENCE 360°

Due diligence is an essential step in confirming the legitimacy and reducing the risks of any professional relationship. CRI Group™’s DueDiligence360™ reports offer unparalleled insight into potential business partners, serving as a robust risk management tool for making sound decisions regarding mergers, acquisitions, and strategic partnerships. The thoroughness of CRI™’s due diligence process ensures that your organization’s strategic and financial goals are in line with the entities you choose to partner with.

Utilizing such comprehensive reports can help you comply with stringent anti-money laundering, anti-bribery, and corruption regulations. Whether you are onboarding a new vendor or considering a joint venture, understanding beneficial ownership structures through DueDiligence360™ reports can significantly enhance your compliance and decision-making processes.

FRAUD RISK INVESTIGATIONS

In an era where fraudulent activities have grown more sophisticated and frequent, businesses face increased risks that can disrupt their operations and tarnish their reputation. CRI Group™ stands as a beacon of security against such threats, deploying pioneering fraud risk investigation methods to protect enterprises globally. Our commitment lies in identifying and actively preventing potential fraud before it can harm businesses.

Internally, a business’s strength is gauged by its controls and governance. CRI Group™ has meticulously developed preventive measures that have enabled organizations across the globe to pinpoint material weaknesses in their internal controls. Such unidentified weaknesses can lead to collusive activities, thereby skyrocketing the liabilities stemming from corporate fraud. By bringing these vulnerabilities to light, CRI™ ensures companies can bolster their defenses and safeguard their assets.

CRI Group™ prides itself on its international team of Certified Fraud Examiners (CFEs). This elite group of professionals dives deep into the fabric of companies to dissect and evaluate their fraud prevention measures. We collaborate with organizations, helping them sculpt robust risk management programs that stand resilient against fraudulent incursions. But our expertise doesn’t stop there.

CRI™’s CFEs also provide tailored training for every company tier, from the boardroom to the management and staff, cultivating an ecosystem where awareness and vigilance against fraud become second nature. We also design communication strategies, ensuring that if an employee observes suspicious behaviour, they have a clear and secure channel to report it. Furthermore, CRI™ ensures that corrective actions and investigative policies don’t just patch problems but also align seamlessly with regulatory and compliance requisites.

CORPORATE SECURITY & RESILIENCE

The challenges presented by Know Your Customer (KYC) regulations are particularly pressing for businesses, especially in sectors like finance. The fallout from lapses in this area can be devastating, both from regulatory repercussions and the potential for fraud. CRI Group™ provides exhaustive KYC services, from identity verifications to transaction monitoring, ensuring that businesses are protected from fraud. This approach is complemented by a keen emphasis on staying abreast of and compliant with the latest local and international regulations.

Recognizing these multifaceted challenges, CRI Group™ offers a suite of services that holistically address both security and resilience. Starting with the digital domain, businesses are constantly under the looming threat of cyber-attacks. CRI Group™ provides rigorous assessments of IT infrastructures, hunting for vulnerabilities and then tailoring solutions specific to the organization’s unique digital landscape. On the physical side of things, a comprehensive evaluation of locations and assets ensures protection against potential threats, from theft and sabotage to natural disasters.

But what if the unexpected occurs? Preparedness is key. CRI Group™ assists businesses in establishing stringent controls, tailored to their specific challenges, ensuring unauthorized access and potential security breaches are kept at bay.

Bottom Line

KYC compliance is a complex yet essential aspect of risk management for businesses and financial institutions. Using automation, advanced technology, comprehensive due diligence processes, and leveraging specialized services like those offered by CRI™ can greatly enhance an organization’s ability to achieve and maintain KYC compliance.

Corporate Research and Investigations Limited (CRI™) offers businesses robust KYC and compliance solutions, including due diligence, background screenings, risk management, and fraud investigations. Contact us to explore how we can assist your organization in achieving robust KYC compliance and enhancing overall risk management strategies.

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The DOJ’s Updated Compliance Guidelines: What Every Business Must Know or Face Serious Consequences!

Compliance is the lifeblood of your business, and the U.S. Department of Justice (DOJ) has just released game-changing guidelines that can make or break your success. Ignorance is no longer an excuse! In this blog post, we will delve into the DOJ’s updated compliance guidelines and shed light on what every business must know to ensure adherence.

We will explore the importance of compliance, highlight key elements of an effective compliance program, and emphasize the potential consequences of non-compliance. By understanding the guidelines and implementing robust compliance measures, businesses can protect themselves, mitigate risks, and demonstrate a commitment to ethical and responsible conduct.

Understanding the DOJ’s Updated Compliance Guidelines

Let’s explore the main themes of the DOJ’s updated compliance guidelines and shed light on crucial areas that businesses need to understand to ensure compliance excellence.

Element 1: Incentivizing Effective Compliance Programs

The DOJ’s guidelines place significant importance on companies maintaining effective compliance programs capable of identifying and mitigating misconduct. Notably, the “Compensation Structures and Consequence Management” section underwent significant changes. The guidelines introduce incentives for compliance and disincentives for compliance failures. Prosecutors will now monitor the effectiveness of compliance programs through tracking data on disciplinary actions and transparent communication. Additionally, a three-year Pilot Program on Compensation Initiatives and Clawbacks was introduced to further incentivize compliance.

Element 2: Resource Commitments and Information Sharing

The DOJ has made commitments to enhance corporate criminal enforcement by allocating additional resources. This includes the addition of 25 new prosecutors and substantial investments in the Bank Integrity Unit and Money Laundering and Asset Recovery Section. Furthermore, joint advisories with the Commerce and Treasury Departments will inform the private sector about enforcement trends and security-related compliance expectations. These efforts reflect the DOJ’s dedication to combating corporate crime and promoting compliance.

Element 3: Dynamic Risk Assessment and Continuous Learning

The DOJ emphasizes the significance of periodic risk assessments and the integration of lessons learned into compliance programs. The guidelines stress the need for continuous review and updating of risk assessments, policies, procedures, and controls. Evaluating the current nature of risk assessments and their responsiveness to new circumstances is a critical aspect of compliance. This ensures that compliance weaknesses and misconduct are effectively addressed and managed.

Element 4: Robust Policies, Procedures, and Employee Access

Strong compliance programs rely on robust codes of conduct, policies, and procedures. The DOJ highlights the importance of evaluating the accessibility of these policies and procedures for employees and relevant third parties. Companies should consider publishing policies in a searchable format to facilitate easy reference. Tracking access to policies allows companies to gauge their effectiveness and identify areas that require additional attention. This promotes widespread understanding and adherence to compliance guidelines.

Element 5: Tailored Training and Effective Communication

Tailored training and targeted communication are vital components of effective compliance programs. The DOJ expects companies to provide training sessions that are shorter and more focused, enabling employees to timely identify and raise compliance-related issues. The guidelines emphasize the importance of creating a process for employees to ask questions arising from the training. Addressing employees who may struggle with compliance knowledge is also crucial. The impact of training on employee behavior and operations should be measured to ensure its effectiveness.

Element 6: Whistleblowing System and Reporting Mechanisms

The DOJ recognizes the importance of a robust internal whistleblowing system and anonymous reporting mechanisms. Companies should ensure the existence of an anonymous reporting mechanism and publicize it to employees and third parties. The guidelines explore the measures taken to test employees’ awareness of the reporting mechanism and their comfort level in using it. Offering specialized reporting channels and user-friendly access fosters transparency and encourages reporting of potential compliance violations.

Element 7: Thorough Investigation and Testing

Thorough investigation of allegations and suspicions of misconduct is paramount. The DOJ expects companies to have well-resourced case management systems and processes that ensure comprehensive investigations. Evaluating the effectiveness of investigation processes, such as data collection, analysis, and the testing of compliance mechanisms, is crucial. Tracking investigation findings for patterns of misconduct and compliance weaknesses is essential for remedial actions and future risk mitigation.

The Implications of Non-Compliance: Legal and Financial Consequences

Understanding and adhering to the updated compliance guidelines issued by the US Department of Justice (DOJ) is crucial for businesses to avoid potential legal and financial ramifications. Failure to comply with these guidelines can lead to severe consequences. Let’s delve into the potential repercussions of non-compliance and examine real-world examples where businesses faced serious consequences due to their failure to comply with DOJ guidelines.

Legal Consequences:

• Criminal Prosecution:

  Non-compliant businesses may face criminal charges and prosecution by the DOJ. This can result in significant fines, penalties, and even imprisonment for individuals involved in the misconduct.

• Damaged Reputation:

  Non-compliance can tarnish a company’s reputation, leading to a loss of customer trust and loyalty. Negative publicity surrounding legal proceedings can have long-lasting effects on a company’s brand image and market position.

• Regulatory Enforcement Actions:

  Regulatory authorities may take enforcement actions against non-compliant businesses, including imposing fines, sanctions, or revoking licenses or permits. These actions can severely impact a company’s operations and profitability.

• Civil Litigation:

  Non-compliance can expose businesses to civil lawsuits from affected parties, such as customers, shareholders, or employees. Lawsuits can result in substantial financial settlements, damage awards, and legal expenses.

Financial Consequences:

• Monetary Penalties:

  Non-compliant businesses may be subject to hefty monetary penalties imposed by regulatory bodies or as a result of legal proceedings. These penalties can amount to millions or even billions of dollars, significantly impacting the financial stability of the organization.

• Loss of Business Opportunities:

  Non-compliance can lead to the loss of lucrative business contracts, partnerships, and opportunities. Other companies may be hesitant to engage with non-compliant entities due to the associated risks and potential damage to their own reputation.

• Increased Compliance Costs:

  Remediation efforts to address non-compliance issues can be financially burdensome. Businesses may need to invest in additional resources, technology, and personnel to strengthen their compliance programs and meet regulatory requirements.

Real-World Examples:

• Volkswagen (VW) Emissions Scandal:

  VW faced severe consequences after it was revealed that they manipulated emissions tests in their vehicles. The company faced billions of dollars in fines, legal settlements, and reputational damage, along with criminal charges against some executives.

• Wells Fargo Unauthorized Accounts Scandal:

  Wells Fargo faced significant legal and financial repercussions for opening millions of unauthorized customer accounts. The company paid substantial fines, faced lawsuits from affected customers, and experienced a decline in its stock value and customer base.

• Theranos Fraud Case:

  Theranos, a healthcare technology company, faced legal action after it was discovered that the company misrepresented its capabilities and the accuracy of its blood testing technology. The founder, Elizabeth Holmes, faced criminal charges, and the company ultimately dissolved, facing financial ruin.

How Businesses Can Avoid Consequences Of Non-Compliance?

When it comes to compliance with the US Department of Justice (DoJ) guidelines, businesses need a trusted partner to help them navigate the complex regulatory landscape and avoid the severe repercussions of non-compliance. CRI Group™ is that partner, offering a comprehensive suite of compliance solutions tailored to address the critical areas identified by the DoJ. Let’s explore how our services can assist businesses in mitigating the consequences of non-compliance:

Due Diligence Services:

We understand the importance of conducting thorough due diligence on potential business partners, vendors, and other third parties. Our due diligence services provide businesses with detailed insights and comprehensive background checks, helping them assess the integrity, reputation, and compliance track record of their counterparts. By identifying potential risks and red flags early on, businesses can make informed decisions and avoid partnerships that may lead to non-compliance issues.

Third-Party Risk Management:

The DoJ has consistently emphasized the importance of robust third-party risk management programs. In high-profile cases, businesses faced severe consequences when their partners engaged in illegal activities. CRI Group’s third-party risk management solutions help businesses evaluate, monitor, and mitigate risks throughout the entire partnership lifecycle. By implementing risk-based due diligence, ongoing monitoring, and clear contractual obligations, businesses can proactively manage compliance risks, detect potential misconduct, and take corrective actions before it’s too late.

Compliance Program Development:

A well-designed compliance program is essential for preventing and detecting non-compliance. The DoJ has highlighted the significance of having effective policies, procedures, and controls in place. CRI Group™  collaborates with businesses to develop and enhance their compliance programs, aligning them with the DoJ guidelines and best practices. Our experienced compliance professionals assess the company’s risk profile, design tailored frameworks, and implement robust compliance management systems. By building a culture of compliance and implementing comprehensive program elements, businesses can minimize the risk of non-compliance and demonstrate a proactive commitment to meeting regulatory expectations.

Compliance Training and Education:

Businesses that neglect to provide adequate compliance training to their employees often face severe consequences for their actions. CRI Group™ offers customized training programs that educate employees, management teams, and third parties on compliance requirements, ethical conduct, and regulatory obligations. Through interactive and engaging training sessions, businesses can foster a compliance-conscious workforce that understands the potential risks, knows how to navigate complex compliance situations, and promptly reports any concerns.

Compliance Auditing and Monitoring:

Regular auditing and monitoring of compliance activities are essential to ensure ongoing adherence to DoJ guidelines. CRI Group™ assists businesses in conducting independent compliance audits to evaluate the effectiveness of their programs, identify gaps or weaknesses, and implement corrective measures. Our monitoring services help businesses stay proactive by continuously assessing compliance performance and providing recommendations for improvement.

Continuous Regulatory Intelligence:

Staying updated on evolving regulatory requirements is crucial to maintain compliance. CRI Group™ provides continuous regulatory intelligence services, keeping businesses informed about changes in laws, regulations, and enforcement trends. By leveraging our expertise and timely insights, businesses can adapt their compliance programs and practices to remain in alignment with the DoJ guidelines and other relevant regulations.

Ending Note

In conclusion, the recent updates and clarifications provided by the US Department of Justice (DoJ) in their compliance program evaluation guidelines highlight the importance of a tailored and evolving approach to compliance. It is crucial for companies to understand and adapt to these policy changes to avoid the severe consequences of non-compliance. By implementing effective compliance programs that align with the key requirements outlined in the guide, businesses can proactively address misconduct and mitigate risks.

To mitigate the potential legal, financial, and reputational repercussions of non-compliance with the DoJ guidelines, we invite you to contact CRI Group™ today. Our experienced team will work closely with you to understand your unique circumstances, develop customized compliance solutions, and ensure that your business remains on the path of compliance excellence. Take the necessary steps to protect your company’s reputation and avoid non-compliance consequences by partnering with CRI Group™. Contact us now for a consultation and let us help you navigate the ever-changing compliance landscape.

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Know your Swiss Corporate Reporting and Due Diligence Obligations

Switzerland has introduced new Corporate Reporting and Due Diligence obligations in connection with conflict minerals and child labour to improve human rights protections around the world.

Switzerland is following international trends and regulations for non-financial reporting and human rights due diligence and the reforms include new rules in the Swiss Code of Obligations related to the trade of minerals and metal ores originating from conflict-affected zones. The resources are reportedly being extracted using forced labour and are a known source of finance for armed conflict, says the EU. The EU implemented the Conflict Minerals Regulation last year as a means of restricting access to these natural resources.

Companies with registered offices or principal places of business in Switzerland have to comply with these due diligence obligations in their supply chain when dealing with the highlighted minerals and metals in Switzerland. They also need to comply with the due diligence duties if they offer goods or services that have suspected links to child labour. The import and processing of recycled materials are not subject to the new rules.

Requirements for Corporate Reporting and Due Diligence 

These corporate reporting and due diligence obligations will apply from the start of the financial year in 2023 to Swiss companies of public interest, which as a group together with their controlled companies in Switzerland and abroad meet both of the following requirements over two consecutive financial years:

• The group has at least 500 full-time employees (FTEs) on an annual average; and
• The group exceeds either total assets of 20 million Swiss francs or a minimum turnover of 40 million Swiss francs.

Companies’ annual reports should cover environmental, social, and employee aspects, human rights, and anti-corruption. It must outline risks and mitigation measures and the relevant due diligence concepts adopted. Foreign companies related to the corporation must also be covered in the report approved by management and shareholders and must remain public for 10 years.

The first reports have to be published in 2024 and failure to do so may result in a fine of up to 100,000 Swiss francs. A report need not be prepared if a written explanation for its absence is provided.

Businesses are required to have or put in place a suitable management system containing their supply chain policy, a system of supply chain traceability, risk assessments, and mitigation measures. This information must be available through on-site controls, and communications with authorities and civil society.

Companies should publish reports on due diligence obligations. These should be accessible for at least 10 years. Making false statements in a report, or failing to comply with the reporting obligation, may lead to a fine of up to 100,000 Swiss francs. Where the failures are negligent rather than intentional, a fine of up to 50,000 Swiss francs could be imposed.
LET’S TALK ABOUT CORPORATE REPORTING AND DUE DILIGENCE LAW

Exemptions to the requirements exist for businesses with fewer than 500 employees and assets of less than 20 million Swiss francs or a turnover of under 40 million Swiss francs. Large corporations can also apply for exemption provided that they demonstrate their supply chain contains a low risk of child labour or that they respect internationally recognised conventions such as the UN Guiding Principles on Business and Human Rights.

As the ecosystem of corporate responsibility for companies is developing quickly, navigating it safely in the interest of rights-holders requires monitoring corporate behaviour and ensuring that mandatory due diligence requirements can live up to the expectations and deliver results.

Due Diligence investigations: Mitigate Critical Risks

At CRI®, we provide corporate reporting and due diligence services wherever you are. Use our DueDiligence360™ reports to help you comply with anti-money laundering, anti-bribery, and anti-corruption regulations ahead of a merger, acquisition, or joint venture. You can also use them for third-party risk assessment, onboarding decision-making, and identifying beneficial ownership structures.

Due Diligence helps you Identify key risk issues clearly and concisely using accurate information in a well-structured and transparent report format. Our comprehensive range of reports includes specialised reports that support specific compliance requirements. Protect your reputation and the risk of financial damage and regulator action using our detailed reports. They enhance your knowledge and understanding of the customer, supplier, and third-party risk, helping you avoid those involved with financial crime.

The CRI Group™ invites you to schedule a quick appointment with them to discuss in more detail how conducting due diligence and compliance can help you and your organisation.

Based in London, CRI Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening, Business Intelligence, TPRM, Due Diligence, Compliance Solutions and other professional Investigative Research solutions provider.

We have the largest proprietary network of background-screening analysts and investigators across the Middle East and Asia. Our global presence ensures that no matter how international your operations are we have the network needed to provide you with all you need, wherever you happen to be. CRI Group™ also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.
CONTACT US

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The new Norwegian Transparency Act: Here’s what you need to know

The Norwegian Transparency Act entered into force on 1 July 2022, obliging large and mid-size companies to conduct fundamental human rights and decent working conditions due diligence throughout their supply chain and with their business partners. 

The Transparency Act covers services and products in a broad sense. Under this Act, consumers, organisations, trade unions, journalists, and the general public will be entitled to request information from companies, and the Norwegian consumer authority may issue injunctions and fines for non-compliance. 

Though it is a Norwegian initiative, we see similar initiatives such as Germany’s Supply Chain Due Diligence Act or the UK’s Modern Slavery Act in other European countries.

Who does the Act apply?

The Act applies to companies registered in Norway, and foreign companies that must pay taxes in Norway. These must meet at least two of the three criteria below:

• At least 50 full-time employees (or equivalent annual man-hours)
• An annual turnover of at least NOK 70 million (£5.9 million)
• A balance sheet sum of at least NOK 35 million (£2.95 million)

Integrating environmental aspects and granting access to justice for victims of corporate abuse are two crucial outstanding tasks for the Norwegian legislation. The European Commission is expected to address them under its Sustainable Corporate Governance initiative, as demanded by an overwhelming majority of respondents to the relevant public consultation.

The Norwegian Consumer Agency is the supervisory body for the Transparency Act, while the Market Council will act as the appeal body for appeals against the Norwegian Consumer Agency’s decisions. These bodies will be able to review the companies’ reports to confirm they fulfill the reporting obligation.

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The new Dutch Child Labour Due Diligence Law: Some FAQs

On November 13, 2019, the new Dutch Child Labour Due Diligence Law was published in the Dutch Government Gazette. It introduces a duty of care for companies to prevent the supply of goods or services which have come into existence using child labour. Companies likely to be affected must set out a plan of action on how to combat it and issue a due diligence statement on their investigation and plan of action.

Though the exact date the act comes into force is not yet known, companies will have six months from the law’s effective date to submit the required documentation demonstrating compliance with the statute. Companies, even those registered outside the Netherlands, selling goods or services to Dutch end-users are required to exercise due diligence to assess whether the services or goods being supplied have been produced using child labour.

Under the Act, firms are required to ensure due diligence through the following:

• Investigate their supply chains to identify any suspicion of child labour
• Draft and implement a plan of action to terminate child labour if identified from investigations
• Create an action plan to avoid the use of child labour
• Submit a declaration to the yet-to-be-determined regulatory body, affirming that they have exercised an appropriate level of supply chain due diligence to prevent child labour

In cases of non-compliance with the Child Labour Due Diligence Law, the supervisory authority must first issue a compliance order. It can only impose an administrative fine if the company fails to duly comply with this order.

The Consequences of Failure to Exercise Due Diligence

Non-compliance with the obligation to submit the required statement can result in an administrative fine of a maximum of EUR 4,350 or a fine of up to EUR 8,700. Failure to exercise due diligence or develop and execute a plan of action as required by the Act may result in a fine of up to EUR 870,000 or a fine of up to 10% of the company’s turnover in the preceding financial year.

Repeated non-compliance with the Act within five years of the imposition of an administrative fine is an economic offense under the Dutch Economic Offences Act. While the Act’s criminal provision is ambiguous, company directors could face up to two years in prison or a fine of up to EUR 21,750.

The Act reflects a significant new step in combating child labour in corporate supply chains, introducing mandatory requirements under an administrative and criminal penalty regime. It fits into an increasing global focus on CSR and labour trafficking in corporate supply chains.

Although several aspects of the Act need to be further clarified by subordinate legislation, companies should start assessing the possibility of any form of child labour in their supply chains. They should also consider reviewing whether existing compliance programs will be sufficient to comply with the Act’s requirements.

Several key questions remain: When will the implementation of the law begin? What should the statement include? What constitutes sufficient due diligence? and Which government body will be in charge of regulating and enforcing the law? These elements will be specified in the General Administrative Orders to be announced by the Dutch government. The law’s effectiveness will largely depend on how these administrative orders take form.

Despite its flaws, the Dutch law is a critical moment for the international movement toward mandatory due diligence.

Due Diligence investigations: Mitigate Critical Risks

At CRI®, we provide due diligence services wherever you are. Use our DueDiligence360™ reports to help you comply with anti-money laundering, anti-bribery, and anti-corruption regulations ahead of a merger, acquisition, or joint venture. You can also use them for third-party risk assessment, onboarding decision-making, and identifying beneficial ownership structures.

On November 13, 2019, the new Dutch Child Labour Due Diligence Law was published in the Dutch Government Gazette. It introduces a duty of care for companies to prevent the supply of goods or services which have come into existence using child labour. Companies likely to be affected must set out a plan of action on how to combat it and issue a due diligence statement on their investigation and plan of action.

Though exact date the act comes into force is not yet known, companies will have six months from the law’s effective date to submit the required documentation demonstrating compliance with the statute. Companies, even those registered outside the Netherlands, selling goods or services to Dutch end-users are required to exercise due diligence to assess whether the services or goods being supplied have been produced using child labour.

Under the Act, firms are required to ensure due diligence through the following:

• Investigate their supply chains to identify any suspicion of child labour
• Draft and implement a plan of action to terminate child labour if identified from investigations
• Create an action plan to avoid the use of child labour
• Submit a declaration to the yet-to-be-determined regulatory body, affirming that they have exercised an appropriate level of supply chain due diligence in order to prevent child labour

In cases of non-compliance of the Child Labour Due Diligence Law, the supervisory authority must first issue a compliance order. It can only impose an administrative fine if the company fails to duly comply with this order.

LET’S TALK ABOUT CHILD LABOUR DUE DILIGENCE LAW

The Consequences of Failure to Exercise Due Diligence

Non-compliance with the obligation to submit the required statement can result in an administrative fine of maximum EUR 4,350 or a fine of up to EUR 8,700. Failure to exercise due diligence or develop and execute a plan of action as required by the Act, may result in a fine of up to EUR 870,000 or a fine of up to 10% of the company’s turnover in the preceding financial year.

Repeated non-compliance with the Act within five years as of the imposition of an administrative fine is an economic offense under the Dutch Economic Offences Act. While the Act’s criminal provision is ambiguous, company directors could face up to two years in prison or a fine of up to EUR 21,750.

The Act reflects a significant new step in combating child labour in corporate supply chains, introducing mandatory requirements under an administrative and criminal penalty regime. It fits into an increasing global focus on CSR and labour trafficking in corporate supply chains.

Although several aspects of the Act need to be further clarified by subordinate legislation, companies should start assessing the possibility of any form of child labor in their supply chains. They should also consider reviewing whether existing compliance programs will be sufficient to comply with the Act’s requirements.

A number of key questions – such as when the implementation of the law will begin, what the statement should include, what exactly constitutes sufficient due diligence, and which government body will actually be in charge of regulating and enforcing the law – remain unanswered for now. These elements will be specified in the General Administrative Orders to be announced by the Dutch government. The law’s effectiveness will largely depend on how these administrative orders take form.

Despite its flaws, the Dutch law is a critical moment for the international movement toward mandatory due diligence.

LET’S TALK ABOUT CHILD LABOUR DUE DILIGENCE LAW

Due Diligence Investigations: Mitigate Critical Risks

At CRI™, we provide due diligence services wherever you are. Use our DueDiligence360™ reports to help you comply with anti-money laundering, anti-bribery, and anti-corruption regulations ahead of a merger, acquisition, or joint venture. You can also use them for third-party risk assessment, onboarding decision-making, and identifying beneficial ownership structures.

Due Diligence helps you Identify key risk issues clearly and concisely using accurate information in a well-structured and transparent report format. Our comprehensive range of reports includes specialised reports that support specific compliance requirements. Protect your reputation and the risk of financial damage and regulator action using our detailed reports. They enhance your knowledge and understanding of the customer, supplier, and third-party risk, helping you avoid those involved with financial crime.

The CRI Group™ invites you to schedule a quick appointment with them to discuss in more detail how conducting due diligence and compliance can help you and your organisation.

Based in London, CRI Group™ works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening, Business Intelligence, TPRM, Due Diligence, Compliance Solutions and other professional Investigative Research solutions provider.

We have the largest proprietary network of background-screening analysts and investigators across the Middle East and Asia. Our global presence ensures that no matter how international your operations are we have the network needed to provide you with all you need, wherever you happen to be. CRI Group™ also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.

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How does Human Rights Due Diligence Legislation in EU affect Asia

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What’s Your Plan of Action for Mandatory Due Diligence?

There is growing momentum among governments all over the world that calls for Mandatory Due Diligence. This requires companies to undertake human rights and environmental due diligence. We now have the French Duty of Vigilance Law and the adoption in 2021 of new laws in Germany and Norway to the publication of a proposal for an EU-wide law in 2022, all moving in this direction. Major investors and companies are also speaking out in favour of such legislation, according to business-humanrights.org

Corporates will not be allowed anymore to focus on short-term benefits at the expense of long-term sustainable value creation. Environmental and social interests will also need to be fully woven into business strategies of the corporates.

Improving Commitment to Mandatory Due Diligence

Corporates are bound to get in line with human rights due diligence guidelines, as prescribed by the UN Guiding Principles on Business and Human Rights. Yet very few actually comply with the standards and nearly half of the biggest companies in the world analysed in the latest Corporate Human Rights Benchmark could not produce any proof of mitigating human rights issues in their supply chains.

The KnowTheChain benchmarks showed companies scoring a poor 29% for their human rights due diligence efforts — something that mandatory human rights and environmental due diligence laws seek to address.

For these laws should to be effective, a few important factors need to be factored in, such as a due diligence obligation for businesses across their global value chains; an effective and safe stakeholder engagement; mandatory requirements that go beyond routine check and audits, a thorough look at irresponsible business models and purchasing practices, and strong civil liability enforcement.

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We can help with Mandatory Due Diligence

The CRI Group™ has developed a highly specialised assessment solution for Corporate Due Diligence and Third-Party Risk Management to assist organisations in accurately identifying, preventing, mitigating and addressing actual and potential adverse impacts of affiliating with global partners and complies with all EU mandates.

From enhanced due diligence to identify non-compliance of the regulatory framework and damaging environmental allegations to investigating company (or stakeholder) human rights violations related to labour laws, child labour or human trafficking, CRI Group experts help determine the legal compliance, financial viability, and integrity levels of outside partners and suppliers affiliated with your company’s value chain.

The Benefits of Compliance

Recent studies have demonstrated a positive correlation between the extent to which companies implement environmental, social and good governance policies, and their overall economic performance, all while contributing to a more stable global marketplace. Such responsible business conduct will:

• Enhance protection for workers
• Improve access to justice for victims
• Safeguard the environment
• Ensure fair products for consumers

Further, apart from general compliance with EU mandates, such organisations will benefit from:

• Reduced overall liability risks
• Improved stakeholder protection
• Lower costs resulting from conflicts
• Improved company transparency
• More profound knowledge of the value chain
• Enhanced reputation in the market &
• Improved social standards for workers

CRI Group’s corporate due diligence and accountability solutions can help your organisation comply with a growing list of global regulations and mandates related to human rights and the environment while acting as an integral part of your business decision-making and risk management systems. 

Contact the CRI Group to learn more about our Corporate Due Diligence and Accountability solutions and stay one step ahead of the pending EU mandates. We look forward to assisting you.

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About CRI Group™

Based in London, CRI Group™ works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening, Business Intelligence, Due Diligence, Compliance Solutions and other professional Investigative Research solutions provider.

We have the largest proprietary network of background screening analysts and investigators across the Middle East and Asia. Our global presence ensures that no matter how international your operations are, we have the network needed to provide you with all you need, wherever you happen to be. CRI Group also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.

In 2016, CRI Group launched the Anti-Bribery Anti-Corruption (ABAC™) Center of Excellence – an independent certification body established for ISO 37001:2016 Anti-Bribery Management Systems, ISO 37301 Compliance Management Systems and ISO 31000:2018 Risk Management, providing training and certification.

ABAC® operates through its global network of certified ethics and compliance professionals, qualified auditors and other certified professionals. Contact ABAC™ for more on ISO Certification and training.

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EU: Can IP Infringements Cost You Your Life?

The Intellectual Property Commission estimates that IP infringements in the form of counterfeit goods, trade secret theft, and pirated software costs the US economy $225 billion to $600 billion.

Following the outbreak of the COVID-19 pandemic in late 2019 and its subsequent spread around the world, counterfeiters have turned their attention to producing fake testing kits, counterfeit personal protection equipment and, even before the authorities have approved treatments, fake medicines purporting to cure the disease, according to the 2020 status report by the European Union Intellectual Property Office (EUIPO) and the Organisation for Economic Co-operation and Development (OECD).

The joint report on counterfeit medicines showed that not only ‘lifestyle’ medicines but also medicines to treat serious diseases, including antibiotics, cancer therapies or heart disease medications, are subject to being counterfeited, with potentially deadly consequences for the patients who consume those medicines.

This report underlines the importance of IP rights to the EU economy and, therefore, to any recovery from the Covid-19 crisis, which has dominated the first half of 2020 and threatens to have long-lasting effects. It brings together the findings of the research carried out in recent years by the EUIPO, through the European Observatory on the infringement of Intellectual Property Rights, on the extent, scope and economic consequences of Intellectual Property Right (IPR) infringement in the EU.

The Status Report also contains research on the volume of counterfeit and pirated goods in international trade and the economic contribution of intellectual property-rights intensive industries to economic growth and jobs.

IP Rights and your employees

Depending on the type of business you are involved in, it is likely that your employees will create certain types of intellectual property in the course of their employment with you. This is especially true if they are involved in compiling databases, creating marketing material and training brochures. Since the IP rights here belong to the company they work for, an employee contract will serve to protect you here. 

It is also vital here to run background checks on employees before you hire them.

Employee Background Checks

Simply investing in sufficient employment screening services can save you time, money and heartbreak. The CRI Group is a leading worldwide provider, specialising in local and international employee background check, including pre employment background check.

Our employee background checks services, also known as EmploySmart™, is a robust new pre employment screening service certified for BS7858 to avoid negligent hiring liabilities and prevent horror stories and taboo tales within HR, your business, or your brand. 

VIEW EMPLOYSMART™ BROCHURE

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How the CRI Group™ can help you tackle IP infringement

CRI Group’s Intellectual Property Investigations team helps companies identify threats to IP and confidential information internally and throughout their supply chain, develop the appropriate mitigation strategies and investigate suspected infringements.

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For further information on IPR infringement or to book a meeting with our experts, click here.

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Supply Chain Due Diligence Act: New Risk Management & Reporting Duties for German Businesses

This article looks at the Supply Chain Due Diligence Act (LkSG) that applies to companies operating or trading in Germany and will enter into force on 1 January 2023.

The new German law, known as the Supply Chain Due Diligence Act (LkSG, short for Lieferkettensorgfaltspflichtengesetz in German) imposes due diligence obligations on environmental protection and on human rights, with all businesses having to introduce iterative and ongoing, or in certain circumstances ad hoc, due diligence processes specified by the Act.

Identification and management of an organisation’s supply chain and the risks that come with it require the implementation of due diligence processes.

The term “supply chain” refers to all products/services of a business, including all manufacturing and services, in Germany and/or abroad, from the extraction of raw materials to their delivery to the end customer.

Furthermore, due diligence processes should implement the following criteria: 

• type and scope of the business activities of the company subject to the due diligence obligations,
• the ability of the company subject to the due diligence obligations to exert influence (so-called leverage),
• typically expected severity of the violation, and
• type of contribution by the company subject to the due diligence obligations to cause a violation.

More details can be had in our FREE Supply Chain Due Diligence Act (LkSG) eBook.

Who is Affected by the Supply Chain Due Diligence Act?

• As of 1 January 2023: Companies with at least 3,000 employees that have their head office, administrative seat or statutory seat in Germany OR companies that have a branch in Germany and usually employ at least 3,000 employees in this branch;
• As of 1 January 2024: Companies with at least 1,000 employees that have their head office, administrative seat or statutory seat in Germany OR companies that have a branch in Germany and usually employ at least 1,000 employees in this branch.

From 2024, the law will apply to businesses with more than 1,000 employees.

Even if companies with fewer employees are not addressees of the Supply Chain Act, they may still be indirectly affected. This is because the companies directly affected would be obliged to enforce compliance to the best of their ability with human rights in their supply chain. The measures necessary for this can have a direct impact on their suppliers, for example, through the implementation of a code of conduct. In addition, the directly affected companies will often be dependent on the active support of their suppliers and thus have this support be contractually assured, e.g. in the form of reporting obligations as part of their risk analysis.

DOWNLOAD THE SUPPLY CHAIN DUE DILIGENCE ACT (LkSG) EBOOK.

Due Diligence Investigations: Mitigate Critical Risks

At CRI®, we provide corporate reporting and due diligence services wherever you are. Use our DueDiligence360™ reports to help you comply with anti-money laundering, anti-bribery, and anti-corruption regulations ahead of a merger, acquisition, or joint venture. You can also use them for third-party risk assessment, onboarding decision-making, and identifying beneficial ownership structures.

Due Diligence helps you Identify key risk issues clearly and concisely using accurate information in a well-structured and transparent report format. Our comprehensive range of reports includes specialised reports that support specific compliance requirements. Protect your reputation and the risk of financial damage and regulator action using our detailed reports. They enhance your knowledge and understanding of the customer, supplier, and third-party risk, helping you avoid those involved with financial crime.

The CRI® Group invites you to schedule a quick appointment with them to discuss in more detail how conducting due diligence and compliance can help you and your organisation.

Based in London, CRI Group™ works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening, Business Intelligence, TPRM, Due Diligence, Compliance Solutions and other professional Investigative Research solutions provider.

We have the largest proprietary network of background-screening analysts and investigators across the Middle East and Asia. Our global presence ensures that no matter how international your operations are we have the network needed to provide you with all you need, wherever you happen to be. CRI Group™ also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.
CONTACT US

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Infringement of Intellectual Property Rights

Suppose you suspect that your intellectual property (IP) rights have been infringed. In that case, CRI Group’s Intellectual Property Investigations team helps companies identify threats to IP and confidential information internally and throughout their supply chain, develop the appropriate mitigation strategies and investigate suspected infringements. Our experts can track intrusions, data manipulation and a range of “digital footprints.” With our findings you can take action. 

Patent Infringement 

If someone uses your product or invention protected by a patent without authorization, you to prove it so you can defend your right and take action. Our investigative capabilities include gathering intelligence on the dark web and in the field, social network analysis, sample acquisition and testing.

CRI Group’s IP experts understand the intricacies and importance of protecting your intellectual property. CRI® Group can stay a step ahead of the wrongdoers who want to benefit from your IP investment by working alongside a global network of anti-counterfeit investigators, consultants, advisors, and industry groups.

Our experts can track intrusions, data manipulation and a range of “digital footprints.” Additionally, we have strong working relationships with regulators, police forces and customs and enforcement agencies worldwide. Our investigations frequently form the basis of litigation or criminal prosecutions. 

Imitation of a Branded Good – Counterfeit Products

If someone is selling a good bearing your trademark without your authorization, you are the victim of counterfeiting. If you suspect that certain goods infringe your IP rights, you outsource IP investigations services.

Our investigative capabilities include gathering intelligence on the dark web and in the field, social network analysis, sample acquisition and testing. CRI Group’s IP experts understand the intricacies and importance of protecting your intellectual property. CRI Group™ can stay a step ahead of the wrongdoers who want to benefit from your IP investment by working alongside a global network of anti-counterfeit investigators, consultants, advisors, and industry groups.

Our experts can track intrusions, data manipulation and a range of “digital footprints.” Additionally, we have strong working relationships with regulators, police forces and customs and enforcement agencies worldwide. Our investigations frequently form the basis of litigation or criminal prosecutions. 

IF YOU SUSPECT OF COUNTERFITING LET US KNOW NOW

To protect your products against counterfeiting, register with the Enforcement Database of the European Union Intellectual Property Office (EUIPO), which puts you in direct communication with the relevant authorities. If you are an EU company and want to report a counterfeit in a country outside the EU, you can use the Anti-Counterfeiting Rapid Intelligence System (ACRIS).

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Infringement of Trade Secrets

To qualify as a trade secret, the information must:

• Be known only to a limited group of persons, 
• Be commercially valuable because it is secret, and
• Be subject to reasonable steps taken by the rightful holder of the information to keep it secret, including the use of confidentiality agreements for business partners and employees.

The unauthorised acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of trade secret protection.

As an integral member of the ICC Counterfeiting Intelligence Bureau, CRI Group™ is certified to advise and assist organisations with intellectual property investigations involving grey market and product counterfeiting crimes.

CRI® Group investigators are specially trained to protect the brand equity and customer loyalty you’ve built by providing professional assistance in many areas, including Trade Secret Breaches.

In case of infringement of trade secrets, you can initiate a legal proceeding before a court. The outcome might be a court order prohibiting the infringer from using or further disclosing the trade secret and/or monetary compensation.

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Dispute Over Domain Names

If you find out that someone has deceivingly registered a domain name whose IP rights belong to you, such as:

• for one or more top-level extensions (like .eu, or .com.)
• a trade mark
• a trading name

If this person tries to sell you such a domain, you are a victim of cybersquatting. In domain name dispute cases, you can either go to court or make good use of non-judicial remedies, including ICANN alternative proceedings. ​

2022 Key Infringement of Intellectual Property Rights Cases to Watch

IP practitioners are eagerly watching the court dockets for several high-impact cases related to IP issues (copyright, government liability and ethics) likely to be decided in the second half of 2022.

These decisions are expected to guide several IP law areas, including fair use of copyrights, government contractor defences, patent-eligible inventions, and the enablement requirement. 

Infringement of Protected Geographical Indications

If your product protected by geographical indication has been counterfeited or there have been other infringements of geographical indication, you should contact the competent national authority.

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The Cost of Infringement of Your Intellectual Property Rights

Counterfeiting threatens the fabric of national economies, endangers safety and frequently kills. It devalues corporate reputations, hinders investment, funds terrorism, and costs hundreds of thousands of people their livelihood annually. (ICC) Our IP Investigations include 1) Trademark Investigations; 2) Intellectual Property Acquisition Services; 3) Patent Investigations; 4) Brand, Media and Internet Monitoring Services; 5) Anti-Counterfeiting Programs; 6) Brand Integrity Programs; 7) Copyright Abuse Investigations; 8) Cyber Surveillance; and 9) Litigation Support.

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Take action against the infringement of your intellectual property rights now!

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