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Establishing Company Gift-Giving Guidelines

With increased regulatory oversight around the globe, companies’ external and internal gift-giving are under scrutiny. With the holiday season upon us, it is up to organizations, no matter what the size, to clearly state policies and leave no question about what is and what is not allowed. Establishing monetary limits for gifts given and received is also a good idea.

According to a report by Thomson Reuters:

While bribery and corruption charges are widespread, it’s important to note that bribery is not synonymous with gift-giving. When it comes to gift-giving, businesses cannot offer, promise or give anything of value, directly or indirectly, to a foreign official for the purpose of obtaining or retaining business. Corporate gifts need to be carefully evaluated to ensure they do not appear to violate these prohibitions.

Internal gifting policies vary from company to company, and while there is no one-size-fits-all approach, it is extremely important that organizations have policies in place and that employees are aware of what those policies are. No matter how well-intentioned a gift, the potential exists that it falls outside of the appropriate boundaries.

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Organizations need to be clear about what types of gifts are acceptable and what are not.

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Both employers and employees should also be aware of what constitutes a bribe and what types of bribes to watch out for.

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Regulatory bodies are holding companies accountable, and depending on the countries involved, regulatory fines can range from prison terms to millions of dollars in fines.

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Earthquake Spike in Oklahoma Linked to Fracking

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A magnitude 5.0 earthquake that rocked Cushing, Oklahoma, on Nov. 6 damaged part of the city’s downtown district, but left no major damage to bridges or highways.

Early reports indicate the damage is not insignificant. A 16-block area in the hard-hit downtown has been sectioned off because of the danger posed by unstable structures and broken glass. No serious injuries or fatalities have been reported, however.

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Power in Cushing was out for less than an hour following the quake, and several gas leaks were taken care of.

The city, which has a population of 7,900, is noted as the world’s largest oil storage terminal and has experienced 19 earthquakes in just the past week, raising safety concerns. As of last week, the town’s tank farms held 58.5 million barrels of crude oil, according to the U.S. Energy Information Administration. The number of earthquakes in the area has also risen exponentially.

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During the first half of this year, 618 temblors of M2.8 or greater have shaken Oklahoma.

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Swiss Re noted in its September 2016 report The Link Between Hydrofracking, Wastewater Injection and Earthquakes: Key Issues for Re/insurers:

Since 2008 the number of magnitude 3.0 earthquakes per year has grown from roughly 2 per year to an average of nearly 3 per day. This now makes Oklahoma the most seismically active of the lower forty-eight states. It’s highly likely that this dramatic rise in earthquake occurrence is largely a consequence of human actions. Along with the increase in seismicity, Oklahoma has seen a growth in its oil and natural gas operations since 2008, specifically hydraulic fracturing (often referred to as “hydrofracking” or “fracking”) and the disposal of wastewater via deep well injection.

A number of states that have increased wastewater injection activity have seen increases in the number of induced earthquakes, the study said, but the reason for such a large increase in Oklahoma is still unclear. Because of the large amount of crude oil storage in the Cushing area, strong shaking is worrisome and has led some to proclaim that induced earthquakes are a national security threat.

According to AIR-Worldwide, it is not clear whether the occurrences of the small and intermediate size earthquakes being seen, and the stress changes from wastewater disposal could trigger larger and more damaging earthquakes. As a precaution, the Oklahoma Corporation Commission ordered four new Arbuckle disposal wells to be shut and 10 to reduce their volume by 25%. In Osage County, 32 wells will have reduced volume.

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Experts believe limiting injection volumes is helpful because of the link between high-volume injection and earthquakes, but Swiss Re’s report concluded that while, most companies participate in the suggested reductions following a detected earthquake, economic pressure to continue wastewater injection often prevails. “Changing regulations, and how the oil and gas industry respond, remain the biggest contributor to uncertainty of how the risk will change in the future,” Swiss Re said.

Asian Piracy and Crime Incidents Drop 65%

The number of piracy and armed robbery incidents in Asia from January to September 2016 decreased by 65% compared to the same period in 2015. A total of 59 incidents were reported during the period, including three piracy and 56 armed robbery incidents, according to the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP).

ReCAAP emphasized that the decrease in the overall number of incidents was most evident in the Straits of Malacca and Singapore. Other improvements were reported at ports and anchorages in Bangladesh and Vietnam. In these regions, there were only two incidents from January to September 2016, compared to 96 incidents in the same period last year.

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About 73% of the incidents occurred on board ships while at ports and anchorages, and 27% on ships while underway.

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There was also a decrease in hijacking of ships for oil cargo theft during the nine-month period—only two such incidents occurred, compared to 12 incidents in 2015.
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Although the total number of incidents has decreased, there is no room for complacency, ReCAAP emphasized. Measures must be implemented to prevent recurrence of incidents involving the abduction of crew in the Sulu Sea and hijacking ships to steal oil cargo. Crews need to be vigilant while underway and maintain watch at ports and anchorages. In addition, authorities should implement port security measures and maintain regular surveillance.

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Booming or Busting: Samsung’s Trouble with Quality

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Since its launch in August, Samsung’s rollout and subsequent recalls of the Note 7 have been severely affected by quality and safety issues as a result of the lithium-ion batteries overheating, and in some reported incidents, even catching fire. This ultimately led to an initial recall on Sept. 15, followed by many incidents of phones continuing to catch fire even with the battery “repair,” and mobile carriers halting sales of the phone.

On Oct. 11, Samsung permanently halted all production and sales of this device. Current estimates from the Wall Street Journal indicate that “investors have shaved off roughly $20 billion in Samsung’s market value, [and] the company has said the recall would cost it $5 billion or more, including lost sales.”

To make matters worse, the Department of Transportation (DOT) has now weighed in and banned passengers from traveling with the phones. The DOT has issued an emergency order to ban all Samsung Galaxy Note 7 smartphone devices from air transportation in the United States. Individuals who own or possess a Samsung Galaxy Note 7 device may not transport the device on their person, in carry-on baggage, or in checked baggage on flights to, from, or within the United States. The Samsung Galaxy Note 7 device is now considered a forbidden hazardous material under the Federal Hazardous Material Regulations.

The initial recall would be expected to directly affect sales levels of the specific phone, and it would be fair to anticipate the possibility of a financial impact from a recall. But the further problems go beyond that—they lead to broader reputational issues.

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Although all recalls will likely result in some financial impact and market frustrations, an isolated event can be a well-managed, short-lived issue, with a reasonably prompt recovery. Many customers may look past a one-off instance as a bump in the road, which has been identified and corrected—an error. A second or third problem arising after addressing the initial issue(s), however, and the company’s overall quality assurance programs are put in the spotlight. Customers are now looking beyond the isolated incident and lose confidence in the brand as a whole.

The extent of the financial losses resulting from this can grow exponentially as the result of a second or third similar issue.

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The suggestion now develops that the company cannot determine what’s wrong or find a solution.

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It appears that happened with Samsung, leading to the announcement that they are ceasing production of the model completely. Consumer confidence takes a big hit.

This year, we have seen the impact multiple recalls have had on several companies. Samsung, along with others like Chipotle, Takata Airbags and Mattel, have suffered repeat issues stemming from an initial problem. Where a company repeatedly has quality assurance issues, direct and manageable losses can quickly grow to larger exponential ones fueled by the broader reputational harm. Appearing in the media for the first problem had a significant financial impact. Reappearing after the initial handling of the matter is a less than ideal way to restore confidence and set about moving on from the issue.

The losses Samsung will suffer now extend beyond the costs to investigate the problem, recall logistics, and rework costs. They now face the more complicated challenge of measuring the business income lost from the event. An initial recall, and the replacement of phones would have likely led to some business income loss. While this may not have been avoidable, it would likely have been manageable. Not being able to identify the problem and develop a solution, however, has led to larger reputational issues and a much larger business income impact.