How does Human Rights Due Diligence Legislation in EU affect Asia

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Background Investigations: One-on-one interview with Zafar Anjum

Background Investigations: One-on-one Interview with Zafar Anjum

Having dedicated his career to a background investigation, fraud prevention, protective integrity, security and compliance, Zafar Anjum is a distinguished and highly respected professional in his field. As Group Chief Executive Officer (CEO) at Corporate Research and Investigations Limited (CRI Group™), he uses his extensive knowledge and expertise in creating stable and secure networks across challenging global markets. For organisations needing comprehensive project management, security, safeguard testing, background investigations and real-time compliance applications, Anjum is the assurance expert of choice for industry professionals.

Q: To what extent have you seen an increase in corporate fraud in recent years? What are some of the common themes and underlying causes?

Anjum: Fraud always seems to be increasing. No matter how sophisticated our attempts to prevent it become, perpetrators are always adapting with new methods. According to the 2020 Association of Certified Fraud Examiners (ACFE) Report to the nations, asset misappropriation is the leading type of occupational fraud. It makes up 86% of fraud cases and causes a median loss of $100,000. On the other spectrum, financial statement fraud schemes are the least common (10% of cases) but are the most costly, causing a median loss of $954,000. A typical fraud case can last 14 months before detection and cause a loss of $8,300 per month – a whopping 5% of an organisations revenue is lost to fraud each year. There are various factors at play here, but it starts with ‘tone at the top’. Basically, corporate culture often sets the tone for how strict or lax an organisation prevents or detects fraud. Combine a lax approach with a country or jurisdiction where corruption is still prevalent, even considered ‘business as usual, and there will likely be a fraud.

Q: Could you outline the benefits of using background investigations to reduce potential fraud? Under what circumstances is it prudent to undertake a background investigation?

Anjum: It should be a priority to conduct thorough background investigations when engaging in a merger or acquisition, an initial public offering (IPO), engaging suppliers, contractors or new clients – your client relationships can affect your organisation’s reputation and your ability – to name a few situations. This can help you avoid becoming entangled with third parties that have hidden fraud and other legal issues. It will also make you aware of a potential partner who has credit risk, has claimed bankruptcy or is faced with debtor filings, for example. In one case, a company was seeking to engage a new supplier for medical supplies and equipment. A background investigation revealed that the warehouse’s physical location – claimed by this ‘supplier’ did not exist. The company’s principal had previously been charged with a ‘criminal breach of trust’. Three other civil damages claims against the principal were discovered, with millions claimed in liabilities.

Q: What are some of the best practice approaches to conducting a background investigation? 

Anjum: One of the most important aspects of thorough background investigations is having a ‘boots on the ground approach. Online database searches can only take you so far. When conducting due diligence on entities or individuals, red flags that pop up often warrant further checking before they can be truly weighed as part of the decision process. For example, if you are considering partnering with another company and providing information for their physical location, do you have agents who can visit that location to make sure it is legitimate? Investigations sometimes discover that purported ‘headquarters’ is actually an abandoned home or vacant lot. Also, if certain credentials are claimed, you need to make phone calls or possibly a visit to the school or accrediting bodies to verify them. These are the important details that help you with facts that help guide your decisions.

EFFECTIVE RISK MANAGEMENT THROUGH BACKGROUND INVESTIGATIONS. FIND OUT HERE

Q: What kinds of legal or regulatory issues might complicate a background investigation?

Anjum: Privacy laws are probably the most important issue, and they need to be carefully understood and followed for every jurisdiction. In the UK, for example, the pandemic has created new data privacy issues, but prudent organisations are constantly evaluating their data protection strategies under the General Data Protection Regulation (GDPR). When it comes to background investigations, similar privacy considerations apply. You might want to check an individuals’ financial or credit history – relevant information if they own a business you seek to partner with or acquire, or if you are considering them for a high-level position at your organisation. Accessing such information is permitted in some jurisdictions and restricted by law in others. The last thing you want is to end up in court for violating someone’s privacy. It is best to engage a professional due diligence background screening firm. They will be trained and up-to-date on the laws governing your background investigations, plus they will have access to resources that most companies do not have.

Q: To what extent are background investigations more challenging in a cross-border or multi-jurisdictional context? How can these additional challenges be overcome or avoided?

Anjum: This goes back to the importance of having investigators in various locations, your ‘boots on the ground’, in your approach to due diligence. The world is much smaller these days as organisations seek to expand across international borders. And the COVID-19 is teaching leaders invaluable lessons in business efficiencies and future strategy. This can lead to obvious challenges – both following the laws and regulations in various jurisdictions and overcoming language and cultural barriers. That is why it is important to have access to locally-based agents – including certified fraud examiners and similarly credentialed professionals – to help with your checks, whether investigating a potential third-party partner or an individual being considered for employment. Another advantage is to have a set, written policy and process for conducting background investigations that you can reference and rely upon when undertaking key business decisions. In this way, your organisation is less susceptible to someone convincing you to bypass proper due diligence simply because it might seem logistically difficult to conduct an overseas investigation.

MITIGATE EMPLOYEE RISK BEFORE & AFTER HIRE? LEARN MORE HERE

Q: Once the background investigation results are collated, what are the key points to analysing?

Anjum: If red flags are uncovered, the best way to further investigate is to understand discrepancies. For example, suppose you are conducting background screening on a potential employee, and something comes up in their criminal record, rather than eliminating them from consideration. In that case, you should ensure that there was no error in your background check, investigate the discrepancy, gather all relevant information, and ask the person to explain what you found and why they did not disclose it. They might have an explanation that affects your decision process. In other words, do not overlook potential talent. According to Nacro, more than 11 million people in the UK have a criminal record – that’s 1 in 3 men – however, just over half of these had been convicted on only one occasion, and 85% were convicted before they were 30 years old. Not all of those have a prison record, however. Most convictions are for motoring offences, such as speeding or unpaid tickets.

Q: What essential advice would you offer to companies on developing internal policies and processes to combat fraud? should intensive background investigations form part of their standard procedures?

Anjum: Intensive background investigations should be a part of an organisation’s standard procedures. It should be part of a greater risk management plan, be set forth as written policy that owners and directors approve, and be reviewed and understood by management and other relevant personnel. Engage risk management professionals when developing your policies and procedures. They can help tailor a plan based o your organisation. Key questions to address should include; who will implement the plan, how an investigation is conducted, who evaluates and reports the results, etc. Sometimes organisations put forth a thorough, excellent programme for background investigations and then, six months or a year later, nobody is following it. The key to success is following through with it and ensuring your entire organisation understands the process and why it is so important. The security of your company depends on effective risk management.

The security of your company depends on effective risk management

Background investigations are critical to any company’s success because working with qualified, honest and hard-working employees and other businesses is integral to thriving in the business community. What you don’t know can hurt you, and the simple act of one bad decision can result in an unprecedented loss for your company. 

From vendor and third-party screening to employment screening, CRI Group™ recommends background investigations as critical proactive measures to help keep your business safe. An effective background screening investigation will help screen for bad apples that can cause havoc down the road. Because we maintain a diverse talent base comprised of multilingual and multi-cultural professionals, CRI™ can traverse obstacles that often impede international background investigations. That’s why we are frequently contracted by our competitors to conduct background investigations in geographic regions not serviced or accessible by larger investigative firms. 

Meet our CEO

Zafar I. Anjum is Group Chief Executive Officer of CRI Group™ (www.crigroup.com), a global supplier of investigative, forensic accounting, business due to diligence and employee background screening services for some of the world’s leading businesses organisations.  Headquartered in London (with a significant presence throughout the region) and licensed by the Dubai International Financial Centre-DIFC, the Qatar Financial Center-QFC, and the Abu Dhabi Global Market-ADGM, CRI Group safeguards businesses by establishing the legal compliance, financial viability, and integrity levels of outside partners, suppliers and customers seeking to affiliate with your business. CRI Group maintains offices in UAE, Pakistan, Qatar, Singapore, Malaysia, Brazil, China, the USA, and the United Kingdom.

Contact CRI Group™ to learn more about its 3PRM-Certified™ third-party risk management strategy program and discover an effective and proactive approach to mitigating the risks associated with corruption, bribery, financial crimes and other dangerous risks posed by third-party partnerships.

CONTACT INFORMATION

37th Floor, 1 Canada Square, Canary Wharf, London, E14 5AA United Kingdom  e: zanjum@crigroup.com | LinkedIn | Schedule a meeting | t: +44 207 8681415 | m: +44 7588 454959

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Seven Types of Business Risk You may Want to Address in Your Company

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FCRA: Risk Assessment and Financial Crime

A thorough understanding of its financial crime risks is key if a firm is to apply proportionate systems and controls. The following are self-assessment questions to help you implement an efficient risk assessment to mitigate the risk behind finance crime.

Self-assessment questions:

• What are the main financial crime risks to the business?
• How does your firm seek to understand the financial crime risks it faces?
• When did the firm last update its risk assessment?
• How do you identify new or emerging financial crime risks?
• Is there evidence that risk is considered and recorded systematically, updated assessments, and appropriate sign-off?
• Who challenges risk assessments and how? Is this process sufficiently rigorous and well-documented?
• How do procedures on the ground adapt to emerging risks? (For example, how quickly are policy manuals updated and procedures amended?)

Examples of good practice:

• A comprehensive risk assessment.
• Risk assessment is a continuous process based on the best information available from internal and external sources.
• The firm assesses where risks are greater and concentrates its resources accordingly.
• The firm actively considers the impact of crime on customers.
• The firm considers financial crime risk when designing new products and services.

Examples of poor practice:

• Risk assessment is a one-off exercise.
• Efforts to understand risk are piecemeal and lack coordination.
• Risk assessments are incomplete.
• The firm targets financial crimes that affect the bottom line (e.g. fraud against the firm) but neglects those where third parties suffer (e.g. fraud against customers)

Using An External Services Provider to Conduct Your Financial Crime Risk Assessment

Aside from it often being difficult to schedule time for this type of review or know where to start, there is considerable benefit in having an independent, objective review of the financial crime risks your business faces. Corporate Research and Investigations Limited (CRI Group™) has a wealth of knowledge in Financial Crime and can help you identify risks and exposures that might otherwise be missed, thereby enabling appropriate procedures to be put in place.

To engage CRI Group™ to conduct your Financial Crime Risk Assessment, contact the CRI™ team. CRI™ has a dedicated team of experienced compliance consultants who can provide expert assurance and peace of mind. Get in touch to see how we can help your organisation.

About CRI Group™

CRI Group™ has protected businesses from fraud, bribery and corruption since 1990. We are a leading Compliance and Risk Management company licensed and incorporated entity of the Dubai International Financial Center (DIFC) and Qatar Financial Center (QFC). CRI™ protects businesses by establishing the legal compliance, financial viability, and integrity levels of outside partners, suppliers and customers seeking to affiliate with your business.

In 2016, the company launched the Anti-Bribery Anti-Corruption (ABAC™) Center of Excellence. This independent certification body helps organisations mitigate internal and external risks by providing a complete suite of Anti-Bribery, Compliance and Risk Management programs.

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. Our global team can support your organisation anywhere in the world. 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 and 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. As a result, CRI Group’s global team of certified fraud examiners work as a discreet white-labelled supplier to some of the world’s largest organisations. Contact ABAC™ for more on ISO Certification and training.

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Risk Management & What can Business Intelligence do?

Businesses must manage risks because they can frequently prevent or minimize the financial, political, social, and cultural ramifications associated with them. Risk management is an effective tool to tackle uncertainties in the probability of an event’s occurrence that challenges decision-making. Many factors associated with risk management, including business intelligence, have the potential to be used to reduce such uncertainties. Business Intelligence services supports organizations in the making more accurate estimates and predictions by analyzing historical and current data and mitigating internal and external risks.

What is Business Intelligence? How are Investigative operations are compared to Intelligence operations? Business Intelligence (BI) is a phrase coined for the analytical procedures an organization commences.

Business Intelligence is a successful method of conducting market research as it merges data derivative from the peripheral environment (i.e., market and industry) in which an organization operates with data from the core environment of the organization as fiscal and controls data. When combined, this data can deliver a complete image of any business decisions a firm can make as a means of benefit to themselves; this ranges from operational decisions such as product positioning to strategic decisions such as pricing.

What Are The Five Basic Tasks Of Business Intelligence?

• Intelligence is used for business decisions….
• Following are the five steps siness Intelligence:
• The data is sourced from…
• The results of the analysis are…
• Being aware of your surroundings:…
• The risk assessment is that…
• Support in making decisions…

What is Counted as Business Intelligence Services?

Business Intelligence (BI) services can take on numerous forms and structures in today’s complex corporate environment. Business Intelligence services investigates everything from assets to the exterior disputes facing an organization. It can also appraise an organization’s employees to ensure that its integrity, reputation, and bottom-line profits are safeguarded from any malice and illicit activities.

CRI Group™ takes two approaches to business intelligence services:

• Intelligence operations (via market research and analysis): we focus on researching your business’s future and potential growth – i.e. determine the commercial viability and potential for success in the market, analyze consumer behavior and business trends in that market, etc.
• Investigative operations (via commercial investigations): we focus on the status of your business – i.e. location of assets, financial information, identification of unmet needs of any market, gauge brand awareness and identity in the market, etc.)

What are Intelligence Operations?

Investigation and Evaluation facilities are constructed to aid clients during the business intelligence procedure. Intelligence operations are highly acclaimed by organizations of all industries. The service aids the preliminary phases of detecting the necessary components for a suitable corporate policy to the closing execution phases. At CRI Group™, we know that data is your greatest advantage when performing enterprise on several degrees.

Our market research will collect the mandatory statistics to make significant corporate decisions; everything from registering into other markets or industries to associating or partnering with other organizations (i.e., Mergers and Acquisitions) is covered in our BI Solutions. CRI Group™ is proficient in understanding and transmitting this data to allow you to implement it into your corporate development; our experts are trained to the highest degree and understand how to get the proper data promptly.

CRI Group’s methodology is to assist the organization in tracing corporate movements and market changes which, in turn, will aid in steering them through the practice of successfully conveying their brand in the larger market to then be able to market their goods and services accordingly. With representatives in nations across the globe, CRI Group™ is distinctively situated to assist you in traversing cultural and regulatory environments to maximize your market potential in the regions you seek to trade.

Gaining insight into how your brand reputation affects potential buyers and understanding what motivates the market to purchase will enable you to establish effective marketing programs that impact your audiences and build brand loyalty among buyers. Why not check out our BI solutions brochure to learn more about our approach.

What are Investigative Operations?

It is no secret that every industry has its issues. However, some matters, such as Employee Theft, Company Fraud, rivalry, continuous malingering, or Industrial Espionage, can start on a moderately trivial scale. Still, as time advances, the culprit becomes brasher in their endeavors (typically due to an absence of discovery) instigating the situation to develop out of control and become detrimental to your commerce.

As an organization, you have every right to be involved with the internal activities of your firm; hence, carrying out commercial investigations on your employees as a means of curtailing threats is not out of the question. Our team of experts can support you to do this in a manner equally as ethical as it is providing as it delivers you the data you so greatly pursue.

Commercial investigations can be achieved for any form of an enterprise, including commercial, industrial, legal, and public sector corporations. Our team hails from diverse backgrounds, including military and fraud investigators, which is why CRI Group™ is so adaptable in its approach to help you with intelligence and investigative operations. Why not check out our BI solutions brochure to learn more about our approach.

A little bit overwhelmed and wanting to learn more? Get in touch and let us know how we can help!

GET IN TOUCH

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How to Protect Your IP with Brand Protection Investigations?

Intellectual Property (IP) is an exclusive right of the brand owner. This property includes intangible creations of the brand owners’ human intellect; therefore, the brand owners are lawful copyright or trademark owners. However, when unscrupulous individuals indulge in manufacturing and distributing counterfeit products of well-known brands, the result is the loss of sales, a tarnished brand image and erosion of brand loyalty, not to mention the ill effects of consumption by the consumer and the loss of revenue to the government. This is when Brand protection services are crucial to business integrity.

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. Companies and organizations face IP-related risks from a multitude of sources, namely:

• From within the organization itself;
• From entities in the ecosystem of the organization;
• From competitors;
• From independent 3rd parties; and/or
• From illegal entities.

It is important to consider the risks to your intellectual property and take the steps necessary to protect your brand. Because of the potential complexity of IP investigations you should consider consulting experts. Investigators who are specially trained to protect the brand equity and customer loyalty you’ve built by providing professional assistance in the areas of:

• Trade Secret Breaches
• Data Breaches & IP Leaks
• Theft of Proprietary Customer Data
• Copyright Abuse
• Unauthorized Use of Trademarks
• Counterfeit & Pirated Products
• Threats to Brand Integrity & Reputation
• Brand Imitation & Product Copying
• Global Counterfeiting Investigations

Getting help

Brand protection services can:

• Research and investigate the legal aspects of copyright, trademark and patent claims
• Identify the company and/or individuals that have breached your IP rights
• Perform background and financial investigations on subjects involved in IP infringement
• Pinpoint the source and location of the manufacturer in counterfeit product claims
• Establish new delivery channels for the trade of your products

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

CRI Group™ utilizes various techniques, analytics, and global technology to investigate intellectual property infringements, including the use of international Counterfeiting Seizure Maps and International Anti-Counterfeiting Directories. Our strategic partnerships with IP firms worldwide ensure that leads are identified and investigated and claims are settled expeditiously.

VIEW OUR BROCHURE

CRI Group™ Intellectual Property (IP) Investigations:

• Trademark Investigations
• Intellectual Property Acquisition Services
• Patent Investigations
• Brand, Media and Internet Monitoring Services
• Anti-Counterfeiting Programs
• Brand Integrity Programs
• Copyright Abuse Investigations
• Cyber Surveillance
• Litigation Support

 CRI™ is an ideal partner to be the eyes and ears of brands across markets, offline and online. Our multidisciplinary experts regularly review and scan the online marketplaces to keep a close eye on fake products. From online surveillance to supply chain audits and real-time market surveys, brands will find CRI™ the ideal long-term partner to keep a close eye on all markets. You, meanwhile, can focus on running the business and building your brand.

CRI Group™ invites you to schedule a quick appointment with us to discuss in more detail how our Brand Protection Solutions can help you and your organization. 

BOOK A MEETING NOW!

About CRI Group™

For short, Corporate Research and Investigations Limited, or CRI Group™, has protected businesses from fraud, bribery, and corruption since 1990. Globally, we are a leading Compliance and Risk Management company licensed and incorporated entity of the Dubai International Financial Center (DIFC) and Qatar Financial Center (QFC). CRI™ protects businesses by establishing the legal compliance, financial viability, and integrity levels of outside partners, suppliers and customers seeking to affiliate with your business. Based in London, United Kingdom, CRI™ is a global company with experts and resources in key regional marketplaces across the Asia Pacific, South Asia, the Middle East, North Africa, Europe, and North and South America. Our global team can support your organization anywhere in the world.

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What are Cultural Barriers in Background Screening Across the Globe?

Background Screening Cultural Barriers

Background screening cultural barriers: the COVID-19 pandemic has accelerated the expansion in wireless connectivity between personal and working communities around the globe; however, this has not come without the trials in upholding an operational and compliant employment background screening program in the globalization of the digital workforce. Background Screening plays a significant role in reducing bad hires by ensuring that your candidates are qualified to do the job they have applied for. This is important in safeguarding the reputation of an organization and the nature of how commerce is conducted.

CRI® Group surveyed to gauge the state of human resources in which it was revealed that the COVID-19 pandemic is raising fears of fraud and the protection of sensitive and confidential data since the implementation of virtual in work-from-home (WFH) arrangements.

It was estimated that roughly 88 per cent of the surveyed admitted that the pandemic is indeed having an impact on the way their HR operations are being carried out, while 65 per cent are considering new ways to hold on to employees during the crisis outside of government schemes, i.e., the furlough scheme in the UK. Alarmingly, a staggering 54 per cent of the surveyed admitted to not screening their employees for criminal, media, employment history perspectives before any work-from-home arrangement as they would have done if they were being asked to work from the office despite being these employees having access to sensitive information.

Before COVID-19, it was found that an estimate of 85% of organizations testified to conducting background screening of some type. On the same note, a vast 92 per cent stated that they trust their employees with confidential data but without the assistance of a background screening measure. Background screening is vital to organizations of all types and industries as it can assist in authenticating your employees track record and help avoid a bad hire.

Find out other ways COVID has impacted the hiring process or download our brochure.

Are Background Screening Checks Essential?

Background checks are essentially an inquiry into an employee’s/candidate’s character inside and outside their vocations. At CRI® Group, we offer a complete, in-depth background screening service for candidates and employees at all levels across the globe. Working with different cultures in different geographies raises background screening challenges that should be considered when conducting a thorough background check – to be able to conduct business successfully in a geographic location that you are unfamiliar with, it is crucial to consider these aspects to be able to integrate your organizations into the locality seamlessly; these are particularly important if you are considering a partnership with oversea organizations. 

CRI® is certified by British Standard Institute BSI for the scope of BS 7858:2019 Screening of individuals working in a secure environment, Code of practice and BS 102000:2018 Code of practice for investigative services. The BSI is the only BS 7858 accredited background screening services provider in the UAE and across the Middle East. Find out more about the BS 7858:2019 below or download the free playbook.

The Different Challenges of Background Screening Across the Globe

Regulatory policies

• The guidelines for background screening checks differ from country to country, with personal privacy and data protection being a universally passionate debate. The laws in the United States, for example, are not the same as those that impact investigations in the Middle East and the Middle East policies vary from the European ones. International Background Screening necessitates compliance with personal data protection regulations across regions where it is conducted. Background screening in the US typically must conform with the Fair Credit Reporting Act to conduct domestic background investigations. In the case of Europe, its GDPR effectively fell into force in 2018.

If you need more information on establishing GDPR procedures in your organization, read our guide on maintaining GDPR compliance.

• Other investigations outside of the West are considered far more complex. Middle Eastern countries have no prohibitive legislation governing employment screening or employee due diligence. This means that the process largely relies on consent from the applicants. Background screening industry professionals in the Middle East must follow strict data protection requirements (such as the GDPR, local Data Protection regimes, DIFC Data Protection, ADGM Data Protection and QFC Data Protection regulations) to process consensually based on personal data information. In contrast, Dubai International Financial Centre (DIFC) Data Protection standards allow for processing sensitive personal information, including criminal history, with signed consent from the data question for operative due to diligence necessities. Read more about compliance with privacy laws in the UAE. With this in mind, it is important to bear regulatory policies in mind and do further research on them when conducting these checks overseas.

Find out more about CRI Group’s compliance solutions below or contact us to get a free quote.

Local Practices

• Much like the regulatory policies, obtaining background screening data differs from jurisdiction to jurisdiction. The Middle East, for example, have background investigators journey to remote destinations to conduct interviews, find and use other resources and enlist local assistance to verify the information. Leading background screening firms often conduct investigations that regularly involve a thorough review of local press records and online and proprietary databases to locate the appropriate public records. This is not a requirement in the US as the data is digitized and available in official sources. In South Africa, on the other hand, such a procedure would require the candidate’s fingerprints due to the digital gap. Investigators would have to go through the Australian Criminal Intelligence Commission (ACIC) in Australia.

Technology gap

• As mentioned before, the same technology is not available in all countries across the globe. The technology gap is an additional task that can impact the effectiveness of a comprehensive background screening check. The technology gap is an echo of local practices and regulatory policies; this solidifies the notion that auditors must adapt to meet the organization’s needs centered on the resources they have available to them. It is a good idea to collaborate with a screening firm in the designated country that an organization wishes to hire to make sure that no policies are being broken nor any obstacles, such as the technology gap, hinder the HR process.

Political Differences

• Political differences and solidarities should be considered during a screening as it means that the officials and authorities of the country may have different priorities than the organisation’s country of habitation. The cultural barrier index shows Africa and Middle East regions having unrest due to political instability as a significant challenge. Africa, for example, principally concentrate on preserving law and order leading to organizational processes such as verification being of lesser priority to them. In geographies where the socio-economic conditions are worse than the organization’s abode, there will certainly influence the turnaround time, which is why it is mandatory to implement the correct procedures in place – especially if you would like your organization to reap larger benefits of outsourcing.

Time differences and regional natural disasters

• This reason is not as easily recognized but is just as important for successfully performing background screening checks. The climate is known to fluctuate from one geography to another, which means that some regions are more prone to natural disasters. Some natural disasters such as earthquakes or typhoons in certain regions might impact the speed of conducting a background screening. Another important aspect to consider is the time difference and the difference in working days. The working week differs across regions, some dependent on societal expectations and others on religious understanding – this is more than likely to impact the turnaround time of completing a background check. While the working week in Europe is usually considered to be Monday to Friday, the offices in UAE shut their doors earlier, with the weekend starting on Fridays and the 5-day working week beginning on Sunday. As the UAE is a predominantly Muslim country, Fridays are typically a shorter day in the working week for devout observations such as Jumu’ah (Friday) prayers.

Local Festivities

• Replies from employees, employers, education institutions and even government officials may slow down during Christmas in the Western world, Ramadan in the Middle East region, or Lunar New Year in Asia. It is an effective strategy to bear the national holidays in mind when hiring or screening your candidates, and it prevents any further delays than what has already occurred.

Social behavior

• Social behavior can vary from one district to another within the same land, so any visitor, individual or corporation is anticipated to acknowledge the cultural norms and social behaviour of the country they are visiting and to respect it as a measure of good practice. In some areas, what could be considered normal practice might be disrespectful or offensive in others. For this reason, the cultural index was established. The cultural index is a directory that notes the different cultural barriers and their impact on various regions; it is typically measured on a scale of 1, known as “not a challenge” to 5, which is “highly challenging”. Social behaviour was rated as three across countries in APAC and the Middle East as was rated as two across other regions. Again, establishing a local team will ensure a seamless process due to their awareness of how to conduct HR processes.

Language

• Failure to read or the inability to translate documents required for any step of any HR procedure would increase the turnaround time for completing the background screening process. Europe is typically challenged in this aspect as it is a continent that is representative of several diverse official languages, and a background screening service that is not adaptable nor accommodating to several languages could lead to a language barrier, thus resulting in delays and data inaccuracy. Based on this, CRI® Group has implemented a ‘boots on the ground strategy and employs local experts in remote areas in the world, who are equipped with technical skills and local knowledge and understand the cultural subtleties to help set the tone at the top.

Next steps, Locating Reputable Screening Firms

It is crucial that your organization works hand in hand with a reputable screening firm to ensure the screening process is effective in the organization’s homeland and overseas – this will aid in minimizing most if not all of the cultural barriers we have discussed thus far. Most firms who work with partners overseas are likely to adapt to your organization’s work culture fast enough as they are used to the concept of outsourcing and malleability. The best way to go about locating a reputable screening firm in the country of your choice is by following the steps below:

1. Research home and overseas background screening firms supplied by the Professional Background Screening Association https://thepbsa.org/.
2. Research the local and regional laws beforehand and ask your firm how they conform to local and regional laws governing individual privacy and data protection.
3. Screening firms are also capable of outsourcing their cases to a third party. Avoid this by ensuring that the firm’s physical address is in the region in which you’re looking to conduct investigations.
4. Know how your chosen firm investigates and conducts background screening; it is best to steer clear of firms that investigate exclusively through media searches. This provides very little personal information on the candidate.
5. Auditors in your chosen firm should comply with GDPR and maintain Information Security Management System ISMS (ISO27001). This is important for data management and protection laws. It is best to avoid those with no (international) standards implemented.
6. Evade firms that specialize in checks of the International Terrorist Watch List and the OFAC watch list; these lists are available online at no cost to the general public.
7. Ask your firm how old the data collected is, and steer clear of firms that won’t supply you with the source of the records they have acquired.
8. Background checks must involve investigative research and not just press clippings. Make certain that your firm will merge in-depth field investigations with routine public records searches as part of its process.
9. Service delivery is essential in foreign investigations, so it is best to look into average turnaround times and get commitments from your chosen firm for delivery in advance.
10. Ask for references as you would from your potential employees.

Like any aspect of corporate conduct, background screening has its challenges, but that is not to say that they are impossible to deal with. By default, proper planning, research, and local knowledge can help your organization navigate the cultural barriers to successfully run services overseas. The more you invest in sourcing morally correct corporate conduct, the more you can expect to be rewarded with a catalytic action to grow and expand your organization.

Let’s Talk!

Don’t leave hiring to chance. Take a proactive stance with the highest level of background screening as a part of your essential corporate strategy. Contact us today to learn more about our full range of services to help your organization stay protected.

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CONTACT INFORMATION

Zafar Anjum, MSc, MS, CFE, CII, MICA, Int. Dip. (Fin. Crime) | CRI Group™ Chief Executive Officer

37th Floor, 1 Canada Square, Canary Wharf, London, E14 5AA United Kingdom

t: +44 207 8681415 | m: +44 7588 454959 | e: zanjum@crigroup.com

Filed under: Employee Background Check, Global, Industry Insights, Resources by admin
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Personal Due Diligence, Tips You Need to Know

In the business world, due diligence refers to the investigation and steps were taken by organisations to satisfy all legal requirements before buying or selling products/ services or entering into a contract or a financial arrangement with another party. An Integrity Due Diligence allows an organisation to reduce risks arising from the FCPA (Foreign Corrupt Practices Act) and the UKBA (U.K. Bribery Act), to make informed decisions and pursue takeovers or mergers with more confidence. 

Due diligence is vital to prevent many types of fraud, and while professional services can be used in some cases, it is also up to the consumer to do their due diligence. Due diligence is vital to prevent many types of fraud. While in some cases, it is also up to the consumer to do their own personal due diligence. Due diligence sounds complicated, but it is merely the process of doing your homework before you make a significant commitment.

Personal Due Diligence In Everyday Transactions

Most of us practice personal due diligence even though we may not think of it that way (i.e. research on the internet before making a purchase or deciding what restaurant to go to). We are doing our “due diligence” to get the best deal in this process. The level of proper due diligence should be proportionate to the level of commitment involved and your specific status. So when buying a house, the due diligence ought to be more extensive (i.e. a family with children may want to check out the rating of the schools in the area). Another personal area to conduct due diligence involves a new job offer (i.e., the organisation known to treat its employees well). These areas involve a significant amount of due diligence on your part before accepting a new position at a new company.

Due Diligence Makes Trust Possible

The Government is under increased pressure to give clear guidance on post-Brexit Right to Work and Right to Rent checks. In the U.K., the lack of clarity from the Government has already caused problems. Many landlords are averse to letting their properties to non-UK nationals if they breach the Right to Rent rules post-Brexit. Whether renting a property, having home renovations done, buying insurance, getting a mortgage, or even entering a new romantic relationship, you can use due diligence to protect yourself. Due diligence can prevent potential fraud and some other types of scams.

The following are tips on how to avoid fraud:

• Know who you are dealing with, ask questions and verify the information;
• Check with the governing body for licensing and insurance requirements;
• Scammers pressure you to act immediately. Don’t sign anything you don’t understand;
• Don’t sign anything for large amounts of money without having it reviewed by your lawyer;
• Scammers say there’s a problem or a prize. Do not give out your personal information without verifying who is getting it;
• Be cautious if you are asked to make up-front payments;
• Get company information, including name and address and ensure that a written contract backs all verbal promises;
• Have a contract in place for things like construction work;
• Never give an unsolicited caller access to your computer;
• Do not give out a credit card or online account details over the phone unless you made the call and the number you are calling came from a trusted source;
• Scammers tell you to pay in a specific way. Never wire money unless you’re confident that you’re sending it to someone you know;
• Be suspicious of any calls from supposedly distressed relatives who don’t give their names. After hanging up, try calling the family member with the phone numbers you have to see if they need help;
• Scammers pretend to be from an organisation you know. Be suspicious of any calls from a supposed government agency or other businesses demanding payments; and
• Landlords should check references (in some cases, a police criminal record check), credit reports, and employment information of potential tenants.

Online Fraud is on the rise

In a time of crisis, we often see the best in people. Even before COVID-19 was officially classified by the World Health Organisation (WHO) as a global pandemic, citizens and government leaders alike praised the selfless sacrifice of doctors, nurses, first responders and others putting themselves in harm’s way to help treat and limit the spread of the disease. Unfortunately, a crisis can also bring out the worst in some people; fraudsters prey on fear and confusion.

The research shows that online fraud is on the increase too. Online retailer sectors saw rising transaction volumes in March 2020 compared to the previous year, with 97% in Home products and furnishings, 136% in DIY products, 163% in garden essentials, and 26.6% in electronics. Fraudsters are using the surge in online activity to target unsuspecting consumers.

Online Due Diligence Tips:

• Change online passwords regularly and make them secure (don’t use standard information about yourself);
• Don’t post personal info such as date of birth or mailing address on social media sites;
• Have the most current firewall and anti-virus software on your computer;
• Don’t send financial or any other type of personal information by email or text;
• When purchasing online, make sure the site is secure. It should begin with HTTPS;
• Don’t open links that appear in an email asking you to start a financial transaction. Go directly to the organisation’s website;
• Don’t download software programs or apps from an unsecured source; and
• Don’t use unsecured wifi (such as in a coffee shop) if your device has personal information on it.
• Change online passwords regularly and make them secure (don’t use standard information about yourself);
• Don’t post personal info such as date of birth, mailing address, or SIN on social media sites;
• Have the most current anti-virus software and firewall on your computer;
• Don’t send financial information by email or text;
• When purchasing online, make sure the site is secure. It should begin with HTTPS;
• Don’t open links that appear in an email asking you to start a financial transaction. Go directly to the organisation’s website;
• Don’t download apps or software programs from an unsecured source; and
• Don’t use unsecured WIFI (such as in a coffee shop) if your device has personal information (such as your phone contacts, apple id, banking records, residence or employment information).

DueDiligence360™

Don’t fall prey to unscrupulous business dealings and outside threats. At CRI Group™, we specialise in Integrity Due Diligence, working as trusted partners to businesses and institutions worldwide. Our people work with energy, insight and care to ensure we provide a positive experience to everyone involved – clients, reference providers and candidates.

Our DueDiligence360™ expose vulnerabilities and threats that can cause serious damage to your organisation and can significantly reduce business. The world’s largest corporations trust CRI Group™ and consultancies – outsource your due diligence to an experienced provider, and you will only ever have to look forward, never back.

LEARN MORE ABOUT DUE DILIGENCE 360

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 B.S. 102000:2013 and B.S. 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.

LEARN MORE ABOUT OUR SOLUTIONS

Speak Up, Report Illegal, Unethical or Improper Behavior

Ethics and Compliance Hotline is an anonymous reporting mechanism that facilitates reporting of possible illegal, unethical, or improper conduct when the normal communication channels have proven ineffective or are impractical under the circumstances. At CRI Group™, we are committed to having an open dialogue on ethical dilemmas regardless. We want to introduce a new Ethics & Compliance Hotline. This hotline is available to all employees and clients, contractors, vendors, and others in a business relationship with CRI Group™ and our sister brand ABAC Group™.

If you find yourself in an ethical dilemma or suspect inappropriate or illegal conduct, and you feel uncomfortable reporting through normal channels of communication, or wish to raise the issue anonymously, use CRI Group™’s Compliance Hotline in below mentioned ways or provide us with your complaint online on the form below. The Compliance Hotline is a secure and confidential reporting channel managed by an independent provider. When reporting a concern in good faith, you will be protected by CRI Group™’s Non-Retaliation Policy.

What Can You Report?

Feel free to report any known or suspected noncompliant behavior or violations with any regulatory mandates and/or local policies, including but not limited to:

• Ethical standards Violations
• Violation of laws and Company Policy and internal control
• Risk and Safety
• Theft, embezzlement or misappropriate of assets and fraud
• Bribery and corruption
• Employee Rights, Employee Relation, Work Environment
• Privacy laws or security of personal information
• Discrimination
• The dispute related to Supervisor, H.R. and other Departments
• Physical and Verbal Harassment on Workplace
• Issues related to job responsibilities
• The Report related to a suspicious activity being a witness
• Unfair dismissals

Our Compliance Hotline is accessible by both phone and online. If you make a report directly by telephone, you will speak with the Compliance Department directly. If you submit a report online, the system will guide you through the reporting process, and a PIN generated automatically once you complete the Report.

REPORT NOW

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GDPR vs. UK-GDPR; the Laws Post Brexit

The General Data Protection Regulation (GDPR) is a regulation in EU law that was implemented on the 25^{th of} May 2018 and concentrates on data protection and confidentiality in the European Union and the European Economic Area; alongside this, the GDPR is also used to address the transmission of personal data outside the EU and EEA areas. The EU Commission announced on 28 June 2021 that adequacy judgments for the UK have been passed, so what does that mean for the GDPR rules?

The Brexit transition phase concluded on the 31^{st of} December 2020 and as a component of the new trade agreement, the EU has come to an agreement to postpone the transmission limitations for at least four months, which can then be stretched out to six months (recognised as the bridge). The European Commission published its draft decisions on the 19^th of February 2021  regarding the UK’s adequacy under the EU’s General Data Protection Regulation (EU GDPR) and Law Enforcement Directive (LED). In both cases, the European Commission has found the UK to be adequate which implies that much of the data can resume the stream from the EU and the EEA devoid of the need for supplementary precautions. Nevertheless, it is vital to take note of the fundamental reality that the adequacy decisions do not cover data conveyed to the UK for the principles of immigration control, or where the UK immigration immunity is appropriate. For this nature of data, distinct regulations are employed, and the EEA dispatcher wants to set other transfer safeguards in place. September 2021 saw WhatsApp being handed the second highest fine under EU GDPR (General Data Protection Regulation) rules and the biggest fine ever from the Irish Data Protection Commission due to their lack of understanding towards the new GDPR laws – had they done their due diligence, they may have been able to avert such a hefty fine. Our Due diligence 360° services provide the specialised intelligence needed by global financial institutions and multinational corporations to guarantee complete compliance with anti-money laundering (AML) regulations and legislations.

Find out more about compliance below or download our free brochure.

FIND OUT OUR SOLUTIONS or DOWNLOAD THE BROCHURE

The draft decisions will at this point be deemed by the European Data Protection Board (EDPB) and a committee of the 27 EU Member Governments.  If the committee accepts the draft decisions, then the European Commission can formally adopt them as legal adequacy decisions.  If adequacy decisions are not implemented at the end of the bridge and allocations from the European Economic Area (EEA) to the UK will require compliance with EU GDPR transfer constraints.

What is the UK-GDPR?

The United Kingdom General Data Protection Regulation (UK-GDPR) is the UK’s national data privacy law that is the proxy for the EU’s GDPR after Brexit; it is fundamentally the equivalent to the EU’s GDPR but altered to accommodate national regions of regulation. The UK-GDPR will regulate personal data and demand the same legal grounds for managing personal data.

The GDPR is indeed still retained in domestic law as the UK GDPR, although the UK has the freedom to maintain the framework under evaluation. The ‘UK GDPR’ as it’s known as, rests adjacent to a revised edition of the DPA 2018. It is also essential to note that the fundamental ethics, constitutional rights, and responsibilities remain as they were but that there are connotations for the regulations on transmissions of individual data between the UK and the EEA.

The UK GDPR also pertains to regulators and processors established out of the UK if their managing pursuits correlate to:

• presenting commodities or services to persons in the UK; or
• supervising the conduct of persons taking place in the UK.

Similarly, there are also outcomes for UK regulators who have an institution in the EEA, have consumers in the EEA, or observe individuals in the EEA. The EU GDPR still pertains to this handling as data can still flow freely from the EEA because the EU have adopted adequacy decisions about the UK, but the European data protection mandates has altered the way you can interact. CRI® Group’s own exclusive, expert-developed 3PRM™ services help you proactively mitigate risks from third-party affiliations, protecting your organisation from liability, brand damage, and harm to the business. Whether your organisation has a large, well-established third-party program, is in the early stages of development, or is anywhere in between, the 3PRM™ solution can improve the health of your program and future-proof your entire business in many forms.

Find out more about 3PRM™ below or download our free brochure.

FIND OUT OUR Third-Party Management Solution or DOWNLOAD THE BROCHURE

Which rules apply?

Whilst the adequacy judgments stay in order, the UK GDPR is still valid and is expected to remain so until the 27^{th of} June 2025. The EU Commission will be supervising advancements in the UK on a constant basis to guarantee that the UK will continue to deliver a comparable degree of data protection. The Commission is still able to revise, postpone, or rescind the decisions if concerns cannot be settled. EU data subjects or an EU data protection authority can also instigate a lawful dispute regarding the decisions in which the Court of Justice of the European union would then have to determine whether the UK did essentially deliver comparable security.

In the absenteeism of an EU GDPR adequacy decision, the Frozen GDPR would be valid to subjective data of the basis of if:

• it was administered in the UK under the EU GDPR before 01 January 2021; or
• it’s being administered in the UK on the basis of the Withdrawal Agreement

Conversely, the UK-GDPR does increase on -and diverge from- the EU GDPR in noteworthy approaches that will make modifications to the legal environment of data protection in the UK.

UK-GDPR expands and changes the European GDPR

The areas increased on by the UK-GDPR are:

• National security
• Intelligence services
• Immigration

These regions, are per definition, are outside the scope of the European GDPR the three of them are deemed to be extra-national regulation from the EU devoid of powers to govern affairs of national confidence in constituent nations. Nevertheless, the UK-GDPR sets out specific concessions by which the customary welfare of personal data can be circumvented, e.g., when in matters of national security or in matters of immigration. It also applies the same requirements for collection and processing of personal data to the intelligence services. A further significant change is that the Information Commissioner, who was the leading data protection authority in the UK today, became the primary director, monitor and enforcer of the UK-GDPR.

Are you post-Brexit GDPR compliant? 

The UK-GDR would now entail your organisation’s site or application to request for the user’s approval prior to accumulating and managing data via cookies. It involves that your organisation not amassing more data than is truly mandatory and to also make it as straightforward for your users to rescind authority to the application of data as it is to give it. Transparency is key in the UK-GDPR and requires clarification of how long data is stored and how you will be processing users’ personal data.

Let’s Talk!

It’s always great to have a helping hand when it comes to compliance and risk management – especially with all the new changes expected to take place ahead of securing the integrity and morality across corporate culture. Take a proactive stance with the highest level of expertise as a part of your essential corporate strategy. Contact us today to learn more about our full range of services to help your organisation stay protected.

GET IN TOUCH

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Anti-Money Laundering Services: Why Do Organisations Need it?

Anti-Money Laundering Services: Why do Organizations Need it?

The Anti-Money Laundering (AML) service or check is a character and identity evaluation conducted on third-party members, such as investors, to certify that each third-party member is who they assert to be. The Anti-Money Laundering check can also be used to make certain that the investor(s) are not financing on behalf of somebody else. In most cases, such checks will be accomplished in the background set by utilizing electoral data.

Why do you need Anti-Money Laundering (AML) Services?

The objective of the anti-money laundering (AML) service is to better identify and report dubious pursuits that an investor may make; this can consist of the base infractions of money laundering to radical backings to conducting security deception and market manipulation.

As an international corporate unit comprising of subsidiary partner functions that cross numerous diverse corporate sectors (including but not limited to telecommunication, financial services, petrochemicals, energy production/ distribution, chemicals, fertilizers, and food), it is vital that your organization acknowledges that it is pursued by intimidating bodies seeking to gain from your market authority.

CRI™ Anti-money laundering (AML) advisory solution better aid in investigating systems and acquiring efficient solutions that reduce your organization’s risk of becoming privy to operative, contractor or external corporate and financial crimes. CRI’s extensive Anti-Corruption and Compliance network seeks to deliver the security your organization needs when producing vital baseline judgments which are crucial to its success in the trade. Download our AML Advisory brochure to find out more about our scope of services in AML.

What Challenges could You Face?

One of the major challenges in accomplishing the anti-money laundering check is corporate finance’s management and progress towards guaranteeing that active Anti-Money Laundering (AML Framework) practices and methods are in place. Repudiation to accept that the risks of not having a proper AML framework in place can lead your organisation to become explicitly subjected to:

• corporate fraud
• corruption
• exploitation from the theft of money and other assets

Why is having an effective AML framework crucial?

An important aspect of functioning well as an organization is meeting stakeholder expectations and safeguarding your corporate reputation and competitive positioning. You need to comply with national, regional, and international legislative frameworks such as:

• Section 453 of the 2017 Companies Act (Pakistan); and
• UK’s Proceeds of Crime Act (POCA) 2002).

More profoundly, money that is unknowingly, inadvertently or (in the case of fraud and corruption) even consciously ‘laundered’ through the organization could at the proper time support, finance and promote international terrorism and the drugs trade.

An effective AML framework is a testament to your organization position against crime. As global corporate citizens aware of their responsibilities, any international organization must comprehensively address these concerns and implement policies, procedures, and associated risk assessment mechanisms.

What are the consequences of an absent AML framework?

To have insufficient controls and be charged with engaging in money laundering can have any of the following negative consequences:

• Damaged corporate reputations & brand devaluation
• Eroding employee morale
• Potential consumer boycotts
• Negative investor perceptions
• Possible legal action
• Fines and potential jail terms for directors

What are the Solutions for an Effective AML Framework?

CRI Group™ specializes in dissuading, sensing and investigating crimes against organizations. We achieve success using a global network of professionals specially trained in anti-corruption, risk management and compliance due diligence, and corporate investigations. More importantly, our technical capabilities and multi-national resources enable us to perform the following scope of work for your organization to demonstrate adequate procedures:

• In-Depth Anti-Money Laundering Risk Assessment.
• GAP Analysis for the scope of ISO 37301 Compliance Management System.
• Provision of AML Framework
• Global Sanction Screening and Third-Party Risk Management

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