Trade compliance–why bother?

by Janet Labuda

I worked in Customs for over thirty years and met regularly with importers to discuss trade risk, compliance, and enforcement. Often, companies would express their concerns about the cost of compliance–the proverbial cost benefit analysis. If money is spent to create a compliance department, what will the benefits be? Do the risks of possibly getting caught by Customs outweigh the investment in corporate trade compliance? How can there be an effective response to risk without the associated high costs?

Just as with most things, there are rules that govern our behavior. When we drive to work there are lane markings on major thoroughfares, and traffic light systems, and posted speed limits to guide us in an orderly fashion. The same can be said for international trade rules. They are meant to make order out of potential chaos. No person or company can operate successfully in an atmosphere of chaos. Business seeks out predictability, and stability. The rules and regulations governing trade provide a needed stable structure that can help companies weather shifts in the global economy or changes to the legal or regulatory framework.

More importantly, the rules help to level the playing field, and enhance and improve the competitive business dynamic. When companies fail to operate using these rules the underpinnings of trade policy collapse. Trade preference program become endangered, national economies become threatened, sourcing models get upended, business relationships are uprooted.

In addition, companies can get swept up in enforcement actions. Customs assesses risk using somewhat broad parameters. It could be driven by product, country of origin, manufacturer, preferential trade program usage, or combinations of these elements. There are also those instances when very specific information reaches the agency.

The better question to ask is what price is paid if my company does not invest in a culture of compliance? Getting enmeshed in Customs or other regulatory enforcement actions can tarnish your brand, lead to expensive law suits and penalty actions, and divert your resources away from your corporate mission and goals.

Ensuring a strong compliance structure in your organization ensures greater facilitation of product entering the commerce which supports just in time inventory practices. Costs are reduced for both government and business by focusing limited resources to enhancing productivity. A compliance driven operation is a win-win.

GeyerGorey LLP first international law firm to beta test PerfectShield™

GeyerGorey LLP first international law firm to beta test PerfectShield™

WASHINGTON — GeyerGorey LLP today announced that it had been chosen by FormerFeds LLC to be the first international law firm to beta test its revolutionary “PerfectShield™” Compliance system designed and deployed by former American fraud enforcers (a/k/a “FormerFeds”).  PerfectShield™ is the newest weapon in our arsenal

to provide a ‘redundant complex risk prevention array’ for clients that is affordable and provides automated and organized support for a company’s compliance operations overseen and administered by our law firm,” said firm partner Robert Zastrow.  “Because PerfectShield™ delivers the things we need most right now for our clients, we were happy to help FormerFeds LLC fine tune its compliance system to assist its other law firm clients later in the year.  We believe this gives GeyerGorey and its clients an advantage in our constant struggle to implement and maintain a vigilant compliance culture that innovates and reinforces productive corporate behavior moving forward.”

PerfectShield™ provides:

  • centralized, whole-of-business risk and compliance visibility and benchmarking
  • easy configuration to meet any regulatory environment in any sector
  • unique compliance portal for customized assessments and notifications
  • red flag generation and tracking system designed to protect privilege
  • cost effective, low-risk, pay-as-you-go pricing

“We were looking ‘software as a service’ (SAS) that provided an organizational ‘fire and forget’ system embedding compliance, transparency and corporate governance into one program solution,” stated Hays Gorey.  “FormerFedsCompliance™ developed its system across disciplines so that the wall that exists between various specialties within a law firm—for instance, cartel enforcement and FCPA, is rendered obsolete by PerfectShield™; efforts in each area informs the other area and efforts to embed compliance on the “sell” side of operations informs the “buy” side of operations capturing incremental improvements, innovating the program and constantly improving and solidifying the program on an affordable schedule that factors in legal counsel’s expert assessments regarding risk,” said Brad Geyer.

“It allows us to focus on the risk and emerging legal threats while PerfectShield™ gathers the information, red flags threats and channels those threats back to us in real time so that we can immediately follow through in a way that preserves the attorney client privilege.  Customized tracking and notification preferences allows inside compliance counsel, inside legal counsel and or management to track , statistically analyze performance and benchmark results moving forward,” said Geyer.  All the while, PerfectShield™ documents and records the performance and comprehensiveness of the compliance program for presentations to interested enforcement agencies, standards boards, acquisition candidates, large suppliers or large customers.

GeyerGorey LLP, with offices in Washington, New York, Boston and Philadelphia, provides international and inside-the-beltway experience to individuals and companies that have become — or wish to avoid becoming — the subject of federal law enforcement agency interest.

GeyerGorey LLP announces partnership with FormerFedsCompliance.Com

GeyerGorey LLP announces partnership with FormerFedsCompliance.Com

GeyerGorey LLP (GeyerGorey.Com) announced today that in development partnership with FormerFedsCompliance.Com, it is offering a Foreign Corrupt Practices Act Self-Assessment Module to its clients.  The Assessment Module is free to use for any company that administers the software solution through its own legal department or through GeyerGorey LLP.

GeyerGorey LLP is offering the FCPA Assessment Module as the first market deliverable assessment module as part its beta test of a FormerFedsCompliance.Com full-service compliance assessment solution that is forecasted to be released to law firms that will be selected in late Summer 2013.

The FCPA Assessment Module (available today) and software that delivers it is free and it is designed to measure FCPA risk at all levels of an organization within moments of conducting the assessment.  The secure FCPA assessment module is cloud-based and can be accessed immediately from desktops or handheld devices by all employees in an organization.  Results are tagged with customized privacy controls.  Results are measured and extensive statistical analysis is automatically performed, gaps are identified and significant problems—known as “company busters”—are immediately brought to the attention of GeyerGorey LLP for immediate follow-up by its attorneys and alliance professionals around the world.  The notifications are configured to protect the disclosure under attorney-client privilege, but GeyerGorey LLP and/or inside corporate counsel can still inform management so that it can continue to make informed decisions based on the progress of the assessment and remediation efforts.   Assessment responses can be measured and gaps can be identified and supplemental training can be targeted to problem areas.   For a reasonable licensing fee, a follow-on assessment is then performed that captures and “locks-in” programmatic improvement.  Each subsequent assessment can be customized and refined to the needs of the organization and additional customized modules can be added as needed.

The FCPA Assessment Module was designed by former American Enforcers (A/K/A”FormerFeds”) to allow companies to immediately assess their FCPA vulnerabilities with the assistance of inside legal counsel or GeyerGorey LLP.

GeyerGorey LLP can be reached at (888) 486-FEDS

FormerFeds LLC is headquartered in Cinnaminson, NJ and can be reached at [email protected] or at (609) 291-0881.

FormerFeds LLC
Suite 303
141 i Route 130 South
Cinnaminson, NJ 08077

FormerFeds LLC selects GeyerGorey LLP to Beta Test Compliance system

FormerFeds LLC selects GeyerGoreyLLP to beta test Compliance system

WASHINGTON — FormerFeds LLC today announced chosen GeyerGorey LLP to beta test its revolutionary Compliance system designed and deployed by former American fraud enforcers (a/k/a “FormerFeds”).  The FormerFedsCompliance.Com compliance solution is the newest weapon in the legal community’s arsenal  that seeks to help the legal community provide a ‘redundant complex risk prevention array’ for clients that is affordable and provides automated and organized support for a company’s compliance operations overseen and administered by inside legal counsel or alliance law firms.

The FormerFeds LLC compliance assessment solution (FormerFedsCompliance.Com) is designed to be administered by inside legal counsel or outside law firms like GeyerGorey LLP to maximize attorney client privilege protections.
The FormerFedsCompliance.Com Compliance Assessment solution will provide:

  • immediate assessment and gap analysis
  • centralized, whole-of-business risk and compliance visibility and benchmarking
  • easy configuration to meet any regulatory environment in any sector
  • unique compliance portal for customized assessments and notifications
  • red flag generation and tracking system designed to protect privilege
  • cost effective, low-risk, pay-as-you-go pricing

FormerFedsCompliance.Com has developed a ‘software as a service’ compliance assessment solution that our customers can ‘fire and forget’ system that melds compliance, transparency and corporate governance into one program solution.  With the legal assistance of GeyerGorey LLP, FormerFedsCompliance.Com is developing its compliance assessment system across disciplines so that there will be no wall between various specialties within a law firm—for instance, cartel enforcement and FCPA.

GeyerGorey LLP, with offices in Washington, New York, Boston and Philadelphia, provides international and inside-the-beltway experience to individuals and companies that have become — or wish to avoid becoming — the subject of federal law enforcement agency interest.

FormerFeds LLC is headquartered in Cinnaminson, NJ and can be reached at [email protected] or at (609) 291-0881.

FormerFeds LLC
Suite 303
141 i Route 130 South
Cinnaminson, NJ 08077