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Managing Ethics and Compliance Challenges in
Latin AmericaGeert Aalbers, Controls Risks
Mason Pan, Control RisksRodolfo Rivera, Fidelity National Title
Moderated by:Kevin McCormack, Ethisphere
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Kevin McCormackVP, Global Thought
Leadership & ProgramsEthisphere
Geert AalbersSenior Partner, Head of
Brazil and Southern ConeControl Risks
Rodolfo RiveraChief International Counsel
Fidelity National Title
Mason PanPrincipal, Compliance,
Forensics and Intelligence practice for Americas
Control Risks
MODERATOR
FEATURED SPEAKERS
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Contributions include:
• A.I. & Big Data and Anti-Corruption EffortsØ Control Risks
• M&A – Latin America PerspectiveØ Grupo Bimbo
• Litigating in Latin AmericaØ Fidelity National Title
• Creating a Long Distance Culture of EthicsØ VLI Logistica
• Streamlining ComplianceØ Walmart International
• Momentum for Change against CorruptionØ ABB
• Navigating Code of Conduct ConflictsØ Ingersoll Rand
Special Report
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Update on the Latin AmericaBusiness Culture and
Landscape
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Trends in Latin America
Anti-Corruption: A wave of high-profile corruption cases impacting both the public and private sectors have made news across the region, and globally, raising awareness about corruption among the public.
Reputational exposure: Thanks to social media and networking, even a hint of scandal reverberates globally and almost instantaneously.
Setting the Stage
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Global Organizations Face Risks Everywhere
What determines success are the processes and procedures in place to deal with these risks, whether
known or unknown
H ighly C orrupt
VeryC leanSource: 2017 Corruption Perceptions Index, Transparency In ternationa l.
Mexico, Central America, and South America continue to face hurdles for conducting business the right way, but
these regions are certainly not alone
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Litigation Risks in Mexico and Across Latin America
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Litigation Risks
• Differences in legal process between US, Mexico and LATAM markets
• Challenges in selecting local counsel
• Beware of potential “landmines”
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Anti-Corruption Enforcement and Remediation
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Companies Continue to Face a Challenging Regulatory, Economic, and Cultural Environment
Source: “2017 FCPA Year End U pdate,” G ibson D unn
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20
40
60
80
100
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
Number of FCPA Enforcement Actions Per Year
DO J SEC
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20
40
60
80
100
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FCPA Enforcement Actions by Country (1978–2017)
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LATAM Data Points: Anti-Bribery and Corruption ControlsFrom this data set, Ethisphere identified 85 companies to include as part of the WMEC Latin America Benchmark (“LATAM Honorees”). This Benchmark includes organizations that are either headquartered or have operations in Latin America.
Specific compliance controls and process linked to managing ABC risk across Latin America
Source: Ethisphere’s World’s Most Ethical Companies ® 2018
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LATAM Data Points: Third Party CodeFrom this data set, Ethisphere identified 85 companies to include as part of the WMEC Latin America Benchmark (“LATAM Honorees”). This Benchmark includes organizations that are either headquartered or have operations in Latin America.
Third Party Codes an increasing condition of doing business with the company
Source: Ethisphere’s World’s Most Ethical Companies ® 2018
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LATAM Data Points: Anti-Bribery and Corruption TrainingFrom this data set, Ethisphere identified 85 companies to include as part of the WMEC Latin America Benchmark (“LATAM Honorees”). This Benchmark includes organizations that are either headquartered or have operations in Latin America.
Training consistency and expansion within “higher risk” markets to enable better identification and anticipation of issues.
Source: Ethisphere’s World’s Most Ethical Companies ® 2018
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Improving Compliance through Data Analytics and A.I.
Applications
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Artificial Intelligence & Data• Technology and analytics can
help augment compliance programs
• Enable investigative efficiency and deter fraud and misconduct
• Choosing the right AI model for your risks
• Challenges and practical considerations
Questions & Discussion
