Articles | Compliance Week – Page 286
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Learning Lessons for Principled Performance
Image: In the latest installment of the GRC Illustrated series, OCEG outlines the “learn” component in its GRC Capability Model, where companies learn how to observe change, analyze, update strategies, and respond appropriately to any curveballs thrown their way to achieve principled performance.
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More Cyber-Security Guidelines for Govt Contractors
Image: The Obama Administration is considering new cyber-security guidance that would effectively impose stringent new reporting obligations on government contractors. That means more due diligence on third parties, and a review of contract language to see who is responsible for what. “[E]verybody is going to need to get their cyber-house ...
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Unpacking the Reporting Challenge in Patent Boxes
Image: For businesses heavy on intellectual property, “patent boxes” are the new tool in your tax strategy—jurisdictions that offer lower taxes on income flowing from IP. A nifty idea, many say (and one that may hit the United States soon), but the compliance and disclosure hurdles are many. The value ...
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The Global State of the Right To Be Forgotten
More than a year after the EU established is right-to-be-forgotten principle, U.S. compliance professionals in the tech sector probably wish the decision itself could be forgotten, too. France is insisting that the principle be applied worldwide; even before that ever happens, compliance within Europe is laborious and complicated. Our latest ...
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Trying for More Clarity on Work of Audit Specialists
Image: Another question on the way to a better corporate audit: whether audit firms need new rules to scrutinize the work of specialists, crucial players in producing fairly stated financial statements. The PCAOB wants to end confusion over specialists, which should help auditor and client company alike. “If you look ...
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The Current State of SEC Whistleblower Guidance
The SEC’s latest guidance on whistleblower protection, confirming that employees need not report misconduct first to the SEC to win anti-retaliation protections, seems at first glance to be good news for internal compliance programs. For corporations as a whole, less so. Inside, we take a deeper look at the limits ...
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CCOs Playing a Stronger Role in Data Privacy Practices
Image: As data privacy laws proliferate, they are creating a web that traps how corporations use personal data in their operations. The challenge for compliance officers: how to play a more strategic role and ensure your business doesn’t get stuck. “The inclusion of the CCO function in defining controls related ...
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Final Pay Ratio Rule Gives a Few Compliance Breaks
Image: Some good news now that the SEC’s much-maligned pay ratio disclosure rule is here: Companies forced to disclose that comparison of CEO compensation to pay of the median employee might find the final rule less onerous than the original proposal from 2013. “The biggest surprise is that the SEC ...
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FAQs, but Few Answers, on Iran Deal Implications
Image: Questions abound on the U.S.-Iran nuclear deal. Assuming the agreement comes into force, what does that mean for compliance officers? Nothing easy, as your sanctions effort must shift to more complex due diligence efforts. “The sanctions world is moving from an entity-based inquiry to an entity- and activity-based inquiry. ...
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Comment Letter Conversations Get a Bit Easier
Those awkward conversations you have with SEC staff when they comment on your periodic filings? They’re getting easier. The number of comment letter conversations has fallen 50 percent in the last five years, suggesting overall improvement in financial reporting. “Obviously internal controls have gotten better at companies, and that certainly ...
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Taxing Times Ahead on Revenue Standard
Among the many issues companies must address as they adopt the new revenue recognition standard, tax consequences are gaining more attention. The IRS is seeking comment on how burdensome tax reporting might become, and the standard’s fundamental shift in recognizing revenue could make the burden quite heavy. “There’s a lot ...
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SEC Pushes New Limits on Cyber-Security, Securities Fraud
Another byproduct of life in the cyber-security age: The SEC is redefining insider trading to focus more on improper trading, even if you are a thief mining a company for inside information without actually working there. The misconduct—called, yes, “outsider trading”—seems to be an SEC-enforceable offense so far, and it ...
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Refresher Course on Discipline of Good Investigations
Image: The damage wrought by inept internal investigations can go well beyond wasted time and money; they can cause civil litigation, enforcement risk, and bad publicity. This week we have a refresher on principles for good internal investigations, something every compliance officer must know how to do well. “Ninety percent ...
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Small-Company Rules Inch Forward
Congress (and SEC commissioners) routinely complains that the SEC is so focused on churning out overdue rules for compliance with the Dodd-Frank Act, it has neglected to churn out overdue rules on capital formation required under the JOBS Act. In truth, the SEC is likely to move forward with what ...
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Squeezed: Banks Have No Easy Path on De-Risking
Image: Money service businesses, bitcoin startups, marijuana shops; the population of high-risk customers in the banking world is surging. Regulators have sent conflicting messages about wholesale de-risking of certain sectors, and that can force painful questions about how to build effective, and extensive, due diligence programs. “Regulators are talking from ...
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Auditing Anti-Corruption Efforts: Best Practices Take Shape
Image: More anti-corruption efforts by compliance departments means more auditing of those programs by internal audit, and a vanguard of businesses (many of them, admittedly, stung by misconduct violations in the past) are pioneering better auditing techniques on that point. Tom O’Reilly, director of internal audit at Analog Devices, says ...
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The Keys to Better Access Control Systems
Image: Gone are the days when “access control” meant locking your door or filing cabinet. Now compliance, IT, and audit teams must collaborate on controls to access networks rather than physical stores of information. Inside, we look at three best practices to design strong access control and at how to ...
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Hertz Restatement Drives Home Top-Level Control Issues
Image: Car rental kingpin Hertz Corp. is nearly finished with its sweeping restatement of several years’ worth of financial statements, and it’s giving compliance and audit executives plenty of cautionary tales to read. Its latest annual report outlines—in frank detail—more than a dozen failures, most of them in senior leadership. ...
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Four Years On, Firms Still Struggle With CFPB Compliance
What have we learned in the four years the Consumer Financial Protection Bureau has been on the beat? For starters, it’s aggressive, returning $10 billion so far to consumers through enforcement actions. A solid understanding of the CFPB’s compliance program expectations remains elusive, and the mood among firms in the ...
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How Comment Letters Could Shape the Pay Ratio Rule
When the SEC proposed its pay ratio disclosure rule in 2013, it included a list of nearly 60 questions for public comment. The response: 287,547 letters and counting, with plenty of ideas about dealing with foreign workforces, seasonal workers, employee exclusions, and Sarbanes-Oxley certification risks. As the final rule slouches ...