Stopping Supply Chain Slavery
Modern day slavery is alive and well.
And with large food companies such as Nestle, Archer Daniels Midland Co. and Cargill under legal fire for selling products that were allegedly made in part by slave labor (often unpaid child labor), it’s critical that all companies know the score throughout their ever-expanding global supply chains.
In the latest example of the U.S. government attempting to stop — or at least greatly reduce — modern slavery, U.S. Customs and Border Protection seized low-calorie sweetener stevia imported from China by PureCircle Ltd. The plant extract is used to sweeten Coca-Cola Life, Pepsi True and other soft drinks. The U.S. alleged that PureCircle sourced the Stevia rebaudiana plant (from which the sweetener is extracted) from a company accused of using forced labor, Reuters reported in early June.
It’s the third time the U.S. has cracked down using a new law that bans imports of products made by forced labor. The importer had three months to prove its innocence, according to Reuters.
There is growing pressure on risk managers to have a much more focused approach to supply chain management, said Andrew Boutros, a former U.S. attorney and partner in the Chicago office of Seyfarth Shaw.
“It really comes down to compliance professionals making judgment calls,” he said. “Compliance often is viewed as a cost center, so companies spend their dollars on the highest litigation risks. But as these new statutes become more enforced, there will be more attention paid to them.”
“It’s very hard to verify with confidence that [a product component] … made its way to the U.S. without slavery, corruption, bribery, falsification, etc.,” – Andrew Boutros, partner, Seyfarth Shaw
Boutros said determining if there is a slave labor component in the supply chain is more often than not an incredibly complex endeavor.
“Imagine being able to know with a high degree of confidence if the beans in your coffee were collected using forced labor,” he said. “And that’s just coffee. What about parts in computers or tech gadgets? Or minerals and certain metals? Or the fishing industry?
“It’s very hard to verify with confidence that it made its way to the U.S. without slavery, corruption, bribery, falsification, etc.,” he said.
The scope of modern day slavery is devastating.
According to the Walk Free Foundation’s Global Slavery Index 2016, there are about 45.8 million people working as slaves globally, with 58 percent in India, China, Pakistan, Bangladesh and Uzbekistan. That number includes sex trafficking, which would not be part of supply chain data.
For example, as of 2014, the United Nations estimated 21 million slave labor victims worldwide. Also, a 2014 report from the UN’s International Labor Organization (ILO) estimates that $150 billion in illegal profits are made in the private economy each year through modern slavery.
Modern slavery and forced labor is not as openly or frequently mitigated as other regulatory supply chain risks — such as foreign corrupt practices or conflict minerals, according to Kris Hutton, head of product management at ACL, a Vancouver, B.C.-based global compliance and audit software firm and consultancy.
“Slavery is a much more diverse, complex issue to govern, monitor, detect and regulate.” — Kris Hutton, head of product management, ACL
And that’s a primary reason why major Western nations like the U.S. and the United Kingdom only recently enacted anti-slavery legislation (2015 in the U.S.), unlike the Foreign Corrupt Practices Act (FCPA) enacted in 1977.
“Based on maturity of legislation alone, jurisdictional regulators, such as the Department of Justice in the U.S., are far more likely to issue punitive fines against abuses of FCPA and Dodd Frank than those of anti-slavery regulations,” Hutton said.
This focus will change in the future, due to pressure from external social forces — such as consumer protests.
Modern slavery is also much more difficult to detect compared to other crimes, he said.
Corruption involving an electronic trail of payment or expense, for example, can be monitored by the organization and the regulator. Modern slavery, however, has to do with the conditions surrounding the workforce, which often rely more on qualitative evidence such as interviews and observation than documentation.
“Slavery is a much more diverse, complex issue to govern, monitor, detect and regulate,” Hutton said.
Finally, modern slavery carries a more serious social stigma compared to either corruption or conflict minerals. Many companies look the other way to avoid having to act on the knowledge.
Hutton expects this will start to change with more social awareness and increased regulatory enforcement; one thing that will drive organizational behavior is a combination of monetary and reputational damage that influences consumers and investors.
“Companies are responsible not only for their own integrity and ethics, but also for acts of their third-party suppliers,” said Scott Lane, CEO at The Red Flag Group, an independent corporate governance and compliance firm in Tempe, Ariz.
“A company that uses suppliers engaged in actions such as forced migrant or child labor, or human trafficking, could sustain significant fines and reputational damage,” he said.
Lane cited the example of Nestlé, which revealed late last year that poor workers from developing countries such as Thailand, Myanmar and Cambodia often ended up trapped in illegal and brutal working conditions as part of the company’s supply chain.
“A company that uses suppliers engaged in actions such as forced migrant or child labor, or human trafficking, could sustain significant fines and reputational damage.” — Scott Lane, CEO, The Red Flag Group
He added that modern laws place an obligation on companies to assess whether or not it is happening, or could happen, in their supply chain. And if the answer is yes, is it being taken care of?
Finally, they need to report how they are doing in that process.
“These laws are creating an obligation on companies to do these things,” Lane said. “It’s less about the risk of fines and litigation and more about the reputational damage to the extent you don’t do anything once you find it.”
“It’s safe to say there is not a single company in the world within the Fortune 1000 that knowingly wants to violate these laws,” says Jeff Hunter, a partner in PricewaterhouseCoopers’ U.S. risk assurance services practice.
“With the expansiveness of today’s supply chain, there are much deeper ways to monitor and surveil third-party suppliers,” he said. “In the past, there was word of mouth, trust and the transparency of how they did business before. But that is changing, and the lead companies will have to look deeper into their supply chains.”
Some proactive steps
There are three critical areas that need to be addressed within organizations looking to reduce supply chain risks connected with slave labor, ACL’s Hutton said.
First, organizational leadership and the board need to make it part of their corporate mandate and be committed to educating, training and building awareness.
“One concrete way this is done is by including anti-slavery culture into the Code of Conduct — create policy and training for procurement professionals and enforce it,” he said.
Next is including prevention and detection controls in the supply chain vetting process, not just internally using vendor pre-approval, but by extending the obligations and awareness of the anti-slavery mandate to all vendors.
“Insist on supply chain traceability,” he said. “Make the key indicators of slavery highly visible — age and mobility of the workforce, fair wages (absent of fees or indentures) and working hours, and humane treatment to name a few.”
Point-scoring systems can be created where certain criteria would raise a red flag — such as vendors located in known conflict regions.
Finally, invest in auditing, monitoring and/or investigative measures — hold procurement and risk professionals accountable internally and hold vendors equally accountable.
Provide a whistleblower hotline so grievances can be reported.
As for data, Hutton said, the best angle is to create preventive controls that use a scoring model to indicate a higher risk for slavery. For instance, when a procurement professional wants to buy from a new vendor, the vendor has to be approved.
“If it is in a region that is in an emerging market or is a conflict region, the score should reflect that higher risk,” he said.
It’s still too early to tell if the new laws will have a positive impact on reducing the world’s slave labor market, Hutton said.
On the one hand, there is much more social awareness and pressure for ethically and socially responsible corporate behavior.
On the other, the global supply chain is complex and it’s not an easy problem to solve by just running a data analytic monitoring program.
“It’s going to take time and it’s going to take pressure from regulators with punitive enforcement around the globe,” he said. “From that perspective, it’s early in the transformation to socially responsible outsourcing and procurement.”
According to Seyfarth Shaw’s Boutros, risk managers should always look for one key indicator when it comes to supply chain purchasing.
“If the price is too good to be true, there probably is a reason for it,” he said. “It’s not necessarily always a red flag, but it certainly needs to be investigated.” &
The Sport of Stealing
From coast to coast and from small towns to major metroplexes, fraud and embezzlement are striking American youth sports leagues.
Since 2011, the Center for Fraud Prevention (CFP), estimates there have been hundreds of arrests and convictions in 43 states involving 15 sports.
About $2 million was stolen or embezzled from 37 youth baseball entities alone since 2009, according to an article in Vice Sports.
What makes these organizations uniquely vulnerable to crime?
The CFP, which helps youth sports associations fight theft and embezzlement, said there are several key factors: Community members working with the leagues are volunteers, many organizations lack formal oversight structures and there is a tendency to trust those who give their time to run youth sports associations.
And with the flow of cash from membership fees to fund-raising events, theft is often inevitable.
The good news is that coverages are available to deal with losses, according to John M. Sadler, president of Sadler Sports and Recreation Insurance, in Columbia, S.C., which works with more than 9,500 local and 30 national sports organizations through various special programs.
“Crime insurance is the most important coverage for an amateur sports league to protect against internal theft, which may take the form of embezzlement from bank accounts, unauthorized personal charges on credit cards, theft of equipment, and skimming gate admission payments,” he said.
Formerly known as a fidelity bond, crime insurance is typically a “modular policy” consisting of employee dishonesty, forgery and alteration, and theft of money and securities. The coverage can also include computer fraud and electronic funds transfer fraud, he said.
“The employee dishonesty coverage part is most applicable to internal theft,” Sadler said.
Dario J. Nalli, director, executive lines, Burns & Wilcox, said amateur sports leagues should also consider purchasing directors and officers (D&O) coverage, in addition to a commercial crime policy.
Commercial crime insurance protects the entity of theft by employees of either money or property, including forgery of checks for their own purposes or misuse of a company credit card to purchase personal gifts, he said.
“For any of these organizations, having a commercial crime policy would be key,” Nalli said, noting that it can be pretty inexpensive, with limits offered as low as $100,000. Smaller organizations that need smaller limits may opt for a business owners policy (BOP) with additional endorsements for crime and employment practices liability coverage.
D&O insurance, of course, protects an organization’s management should a theft or embezzlement happen.
“If there are no checks and balances, it makes it easy to write fraudulent checks.” — Dario J. Nalli, director, executive lines, Burns & Wilcox
“No matter the type of organization, if you sit on a board or have management responsibility, you could be liable for decisions made in that role,” he said.
That means a member of the board for a school or athletics organization is responsible for the organization’s assets and funds, and can be accused of mismanagement and potentially face liability should a theft occur.
“Whether or not the claim has any grounds, the individual and organization would still have to defend themselves in court,” Nalli said. “D&O polices provide the much needed defense cost coverage that can bail out a nonprofit organization from using their own assets or an individual from using their own assets.”
If a youth sports treasurer, for example, stole money over the course of years from an organization, a D&O policy would cover defense costs for those in management roles who were unaware of the theft while a the commercial crime policy would cover the stolen funds.
Leagues should also consider policies that would provide coverage for volunteers; non-compensated officers; specified directors, trustees and committee members; partners; and service providers, he said.
Because sports leagues have high turnover, Sadler said blanket employee coverage might be better than specifically naming insureds.
To prevent such incidents from occurring, however, Sadler said amateur sports organizations should:
- Create a separation of duties so that no single person has control over any one process or audit procedure.
- Understand that organizations run by a close group of long-time staff members who have built up a great deal of trust among one another are fertile grounds for insider theft.
- Require a counter-signature on all checks or on checks over a certain amount.
- The person who reconciles the bank account should not be authorized to deposit or withdraw.
- If credit cards or debit cards are used, authorized users should not be tasked with reviewing the monthly statements (another officer should take over these duties).
- Keep detailed inventory records of all equipment and require a log to be maintained when equipment is assigned or checked out.
- Create an audit committee to review all financial records, account statements, and to take an inventory of all equipment.
- Collect checks instead of cash during fund-raisers.
Burns & Wilcox’s Nalli said it’s critical to ensure that the right policies and procedures are in place, with checks and balances to mitigate any theft from employees or volunteers in the organization.
“If there are no checks and balances, it makes it easy to write fraudulent checks,” he said. “Make sure all policies are written down and become part of the bylaws.”
Also, since many amateur sports leagues are volunteer-based, it’s smart to ensure that they are not able to have access to or handle cash, he said.
“If there are employees, it’s a good idea to do background checks on anyone handling money,” Nalli said.
“Also, larger organizations should seek legal counsel to make sure bylaws and policies and procedures are well-written.”
Quake Early Warning Systems Advance
The recent catastrophic earthquake in central Italy once again brings attention to the concept of an earthquake early warning system — a technology that can give people a precious few seconds to stop what they’re doing and take protective actions before the severe shaking waves from an earthquake arrive.
To try to improve an existing (in development) U.S.-based warning system, ShakeAlert, the U.S. Geological Survey (USGS) recently awarded $3.7 million to six universities to support transitioning ShakeAlert into a full-blown production system.
According to USGS, the schools involved are the California Institute of Technology, Central Washington University, University of California, Berkeley, University of Oregon, University of Washington and University of Nevada, Reno.
In development for a decade, this impending ShakeAlert “upgrade” emphasizes the use of real-time GPS observations. Typical earthquake early warning systems use seismic data, which is not as effective as GPS technology in many cases.
The project’s goal: rapidly detect potentially damaging earthquakes, more thoroughly test the warning system, and improve its performance. In addition, they will upgrade the networks and construct new seismic and geodetic sensors to improve the speed and reliability of the warnings.
“Local seismic networks have a tough time discriminating between large [M6] and very large [M7-9] earthquakes in real-time, whereas the GPS does not, assuming one has instruments nearby the earthquake and can keep them alive and transmitting thereafter,” said Tim Melbourne, a geological sciences professor and director of the PANGA Geodesy Laboratory at Central Washington University in Ellensburg, Wash.
According to Doug Given, Earthquake Early Warning coordinator at the Caltech Seismological Lab in Pasadena, Calif., the USGS and its partners began sending live alerts to beta users in January of 2012. In February 2016, it rolled-out the next-generation ShakeAlert early warning test system in California.
USGS plans to begin sending limited public alerts by 2018 in areas where station coverage is sufficient and public educations and training has been introduced. Full operation will not be possible until full funding is secured to complete, maintain, and operate the system.
“Recording real-time, high-precision GPS ground motions is an emerging technology,” he said. “GPS sensors can stay on scale and more accurately measure large displacements of the ground during very large earthquakes, say greater than magnitude 7.”
Given cited the M9.0 Japanese earthquake in 2010. The Japanese earthquake warning system, which only uses seismic data, “saturated” at M8.1, resulting in an underestimation of the resulting ground motions.
“GPS sensors can stay on scale and more accurately measure large displacements of the ground during very large earthquakes, say greater than magnitude 7.” — Doug Given, Earthquake Early Warning coordinator, Caltech Seismological Lab
“Studies done after the earthquake have shown that a better magnitude estimate results by including GPS data,” Given said.
Would ShakeAlert, operating at full production, have an impact on commercial insurance? It’s highly possible, according to experts.
“We welcome public investments into the mitigation of earthquake risks in California, as it contributes to a more resilient society,” said Andrew Castaldi, SVP and head of catastrophe perils, Americas, with Swiss Re. “Ample warning time of a pending natural disaster is vital to saving lives.”
Castaldi explained that with meteorological events, many of which are slow moving, experts can predict and warn with a degree of accuracy — days, hours, or minutes beforehand. This keeps fatalities down in relation to property damage.
But earthquakes, and their potential for devastation, and can happen at any time, day or night.
“Early warning systems provide valuable seconds before the ground begins to shake,” he said. “Even a few seconds’ warning will provide time for first responders to prepare, for trains to decelerate, for gas pipe shutoff valves to be closed, for example. Moreover, early warning can save lives by giving people time to protect themselves [drop, cover, and hold].”
“Investment in early warning systems should not come at the cost of decreased investment in improving the resilience of infrastructure or lifelines and buildings throughout California.” — Andrew Castaldi, SVP and head of catastrophe perils, Americas, Swiss Re
Castaldi said that businesses and people that incorporate early warnings into their emergency preparedness plans can mitigate against potential fire, business interruption and casualty losses. He cautioned though, that even a system like ShakeAlert cannot reduce damage to a poorly designed building or a poorly secured piece of equipment, nor can it help compensate for the financial losses associated with the ensuing damages.
“Investment in early warning systems should not come at the cost of decreased investment in improving the resilience of infrastructure or lifelines and buildings throughout California,” he said. “Early warnings, enforced building codes, and adequate post-event financing [earthquake insurance] will help us become more resilient to the next big earthquake.”
Michael Pinsel, a partner in the Insurance and Financial Services group at Sidley Austin LLP, in Chicago, said that advances in science, technology and early warning systems no doubt enhance the opportunities to improve the risk management of those who take advantage of such opportunities.
“Improvements in risk management ultimately should be reflected in lower loss costs and more efficient premium structures for protection buyers,” he said. “And improvements to sensor and telemetry infrastructure are also useful to the insurance industry, which often can develop efficient new coverages and risk-spreading products to help individual and business consumers manage their risks.”