|By PR Newswire||
|January 6, 2014 11:20 AM EST||
NEW YORK, Jan. 6, 2014 /PRNewswire/ -- Despite the fact that an inadequate or poorly conducted inquiry can cause a company to run afoul of the law, damage corporate reputations, or unravel a case, more than fifty percent of the executives surveyed in the new KPMG report, Cross Border Investigations – Are You Prepared for the Challenge?, stated they have limited protocols in place and insufficient resources to conduct cross-border investigations.
This revelation comes at a time when data and employee privacy issues, often triggered by investigations, are dominating the headlines and major corporations are facing increased regulatory scrutiny around anti-bribery and corruption legislation such as the foreign corrupt practices act, anti-money laundering and other compliance matters that often trigger cross border investigations.
"Conducting cross-border investigations requires careful planning and precise execution, but the reality is many companies don't have adequate procedures in place to deal with these complex investigations," said Phil Ostwalt, U.S. Forensic Network Leader for Investigations, KPMG LLP. "Couple the absence of planning with legal and cultural differences and you can have one of the biggest challenges facing global corporations."
The KPMG cross border report outlines several, often counterintuitive, tips to help compliance professionals, corporate investigators and board members keep their investigations on track. Key insights include:
Language is important: In some countries using words such as "investigation," "whistleblower," "informant" or "witness" may elicit unexpected or unwarranted responses that can have a chilling effect on the process.
More generic words such as "review," "analysis" or "discussion" can be used in place of investigation, while words such as "employee" or "colleague" are often more effective than whistleblower or informant.
In some jurisdictions, it can be illegal for companies to investigate alleged employee misconduct because the local government is considered the exclusive investigator.
Don't find yourself on the wrong side of the law: Foreign data privacy laws and regulations often prevent investigators from removing data out of the jurisdiction. In some Asian countries, many businesses are state owned or controlled, which may trigger states secrets laws and greatly impact the kind of data that can be collected and reviewed.
Crossing the border with data required to conduct the investigation can trigger an investigation of the investigator.
Anticipate lots of sealed lips: Loyalties differ by culture and some employees may be hesitant to speak out against a countryman for the benefit of a foreign company. Additionally, in some nations it is against cultural norms for employees to say something negative about a person with a senior position in their company.
Cultural differences remain one of the top three challenges in conducting cross-border investigations, which is up from twenty six percent in 2007, to thirty seven percent in 2013.
Don't get lost in translation: Work with people who understand the local language and cultural nuances. Investigation teams who do not have local language skills may miss critical aspects of key documents or interviews conducted in local language.
More than a third of the respondents in KPMG's survey stated that language differences present a challenge in cross border investigations.
Top 3 Cross Border Investigation Challenges (Respondents selected up to 3):
- Privacy or information issues (46 percent)
- Lack of internal investigation resources (42 percent)
- Cultural differences (37 percent)
- The legal or regulatory environment (35 percent)
- Language differences (32 percent)
- Lack of robust publicly available information (23 percent)
- Lack of cooperation from others in their organization (19 percent)
- Identification and retention of competent external resources (14 percent)
- Personal security of those involved in investigations (9 percent)
- Lack of cooperation from government agencies (5 percent)
"The challenges and importance of an effective investigation, particularly in a global setting, are often not fully appreciated," said Richard Girgenti, U.S. Forensic Network Leader, KPMG LLP. "The failure to get it right can only serve to exacerbate the underlying problem."
About the Report
Data for Cross Border Investigations – Are You Prepared for the Challenge? was gathered by KPMG International member firms' forensic specialists in Africa, Asia, Australia, New Zealand, North America and Western Europe and sixty corporate executives responsible for their organization's cross border investigations.
About KPMG LLP
KPMG LLP, the audit, tax and advisory firm (www.kpmg.com/us), is the U.S. member firm of KPMG International Cooperative ("KPMG International"). KPMG International's member firms have 155,000 professionals, including more than 8,600 partners, in 155 countries.
About KPMG International
KPMG is a global network of professional firms providing Audit, Tax and Advisory services. We operate in 155 countries and have more than 155,000 people working in member firms around the world. The independent member firms of the KPMG network are affiliated with KPMG International Cooperative ("KPMG International"), a Swiss entity. Each KPMG firm is a legally distinct and separate entity and describes itself as such.
SOURCE KPMG LLP
Overgrown applications have given way to modular applications, driven by the need to break larger problems into smaller problems. Similarly large monolithic development processes have been forced to be broken into smaller agile development cycles. Looking at trends in software development, microservices architectures meet the same demands. Additional benefits of microservices architectures are compartmentalization and a limited impact of service failure versus a complete software malfunction. ...
Jul. 2, 2015 04:15 PM EDT Reads: 1,058
"We help to transform an organization and their operations and make them more efficient, more agile, and more nimble to move into the cloud or to move between cloud providers and create an agnostic tool set," noted Jeremy Steinert, DevOps Services Practice Lead at WSM International, in this SYS-CON.tv interview at @DevOpsSummit, held June 9-11, 2015, at the Javits Center in New York City.
Jul. 2, 2015 04:13 PM EDT Reads: 659
The basic integration architecture, as defined by ESBs, hasn’t changed for more than a decade. Most cloud integration providers still rely on an ESB architecture and their proprietary connectors. As a result, enterprise integration projects suffer from constraints of availability and reliability of these connectors that are not re-usable across other integration vendors. However, the rapid adoption of APIs and almost ubiquitous availability of APIs amongst most SaaS and Cloud applications are ra...
Jul. 2, 2015 03:18 PM EDT Reads: 718
Agile, which started in the development organization, has gradually expanded into other areas downstream - namely IT and Operations. Teams – then teams of teams – have streamlined processes, improved feedback loops and driven a much faster pace into IT departments which have had profound effects on the entire organization. In his session at DevOps Summit, Anders Wallgren, Chief Technology Officer of Electric Cloud, will discuss how DevOps and Continuous Delivery have emerged to help connect dev...
Jul. 2, 2015 03:00 PM EDT Reads: 1,040
"What Dyn is able to do with our Internet performance and our Internet intelligence is give companies visibility into what is actually going on in that cloud," noted Corey Hamilton, Product Marketing Manager at Dyn, in this SYS-CON.tv interview at 16th Cloud Expo, held June 9-11, 2015, at the Javits Center in New York City.
Jul. 2, 2015 02:52 PM EDT Reads: 697
The Internet of Things is not only adding billions of sensors and billions of terabytes to the Internet. It is also forcing a fundamental change in the way we envision Information Technology. For the first time, more data is being created by devices at the edge of the Internet rather than from centralized systems. What does this mean for today's IT professional? In this Power Panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, panelists addressed this very serious issue of pro...
Jul. 2, 2015 02:30 PM EDT Reads: 1,242
Internet of Things is moving from being a hype to a reality. Experts estimate that internet connected cars will grow to 152 million, while over 100 million internet connected wireless light bulbs and lamps will be operational by 2020. These and many other intriguing statistics highlight the importance of Internet powered devices and how market penetration is going to multiply many times over in the next few years.
Jul. 2, 2015 02:15 PM EDT Reads: 2,230
Manufacturing has widely adopted standardized and automated processes to create designs, build them, and maintain them through their life cycle. However, many modern manufacturing systems go beyond mechanized workflows to introduce empowered workers, flexible collaboration, and rapid iteration. Such behaviors also characterize open source software development and are at the heart of DevOps culture, processes, and tooling.
Jul. 2, 2015 02:15 PM EDT Reads: 925
Today air travel is a minefield of delays, hassles and customer disappointment. Airlines struggle to revitalize the experience. GE and M2Mi will demonstrate practical examples of how IoT solutions are helping airlines bring back personalization, reduce trip time and improve reliability. In their session at @ThingsExpo, Shyam Varan Nath, Principal Architect with GE, and Dr. Sarah Cooper, M2Mi’s VP Business Development and Engineering, will explore the IoT cloud-based platform technologies drivi...
Jul. 2, 2015 02:00 PM EDT Reads: 1,092
Containers have changed the mind of IT in DevOps. They enable developers to work with dev, test, stage and production environments identically. Containers provide the right abstraction for microservices and many cloud platforms have integrated them into deployment pipelines. DevOps and Containers together help companies to achieve their business goals faster and more effectively. In his session at DevOps Summit, Ruslan Synytsky, CEO and Co-founder of Jelastic, reviewed the current landscape of...
Jul. 2, 2015 01:45 PM EDT Reads: 2,339
Live Webinar with 451 Research Analyst Peter Christy. Join us on Wednesday July 22, 2015, at 10 am PT / 1 pm ET In a world where users are on the Internet and the applications are in the cloud, how do you maintain your historic SLA with your users? Peter Christy, Research Director, Networks at 451 Research, will discuss this new network paradigm, one in which there is no LAN and no WAN, and discuss what users and network administrators gain and give up when migrating to the agile world of clo...
Jul. 2, 2015 01:36 PM EDT Reads: 698
SYS-CON Events announced today that JFrog, maker of Artifactory, the popular Binary Repository Manager, will exhibit at SYS-CON's @DevOpsSummit Silicon Valley, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. Based in California, Israel and France, founded by longtime field-experts, JFrog, creator of Artifactory and Bintray, has provided the market with the first Binary Repository solution and a software distribution social platform.
Jul. 2, 2015 01:00 PM EDT Reads: 1,293
"We got started as search consultants. On the services side of the business we have help organizations save time and save money when they hit issues that everyone more or less hits when their data grows," noted Otis Gospodnetić, Founder of Sematext, in this SYS-CON.tv interview at @DevOpsSummit, held June 9-11, 2015, at the Javits Center in New York City.
Jul. 2, 2015 01:00 PM EDT Reads: 1,084
Internet of Things (IoT) will be a hybrid ecosystem of diverse devices and sensors collaborating with operational and enterprise systems to create the next big application. In their session at @ThingsExpo, Bramh Gupta, founder and CEO of robomq.io, and Fred Yatzeck, principal architect leading product development at robomq.io, discussed how choosing the right middleware and integration strategy from the get-go will enable IoT solution developers to adapt and grow with the industry, while at th...
Jul. 2, 2015 12:00 PM EDT Reads: 2,059
Containers are revolutionizing the way we deploy and maintain our infrastructures, but monitoring and troubleshooting in a containerized environment can still be painful and impractical. Understanding even basic resource usage is difficult – let alone tracking network connections or malicious activity. In his session at DevOps Summit, Gianluca Borello, Sr. Software Engineer at Sysdig, will cover the current state of the art for container monitoring and visibility, including pros / cons and liv...
Jul. 2, 2015 11:50 AM EDT Reads: 627