Developing Cross-Border Risk Mitigation Plans

Center for Participatory Research & Development (CPRD)’s policy brief, Addressing the Cascading Impacts of Climate Change: Scope of Transboundary Adaptation in the South Asian Delta’ calls for a bold shift from isolated national efforts to unified, regional adaptation strategies as the current frameworks, often focused on local or national responses, fail to address the interconnected nature of cross-border climate risks. https://lnkd.in/g2ta3jmu The escalating cross-border climate impacts in South Asia, concerning with the shared water resources like the Ganges, Indus, and Brahmaputra River systems, the countries of the South Asian subcontinent, from the foothills of the Himalayan Range to the coastal plains, must prioritize cooperation to protect the shared river systems that sustain millions. This should begin with transparent data-sharing, equitable water-sharing agreements, and collaborative disaster response mechanisms. REMARKS 🔍 The Global Goal on Adaptation (GGA) recognized transboundary adaptation and highlighted the necessity of transboundary cooperation in managing shared water resources, ecosystems, and infrastructure to prevent maladaptation and boost resilience.   🔍 The global stock take process highlighted transboundary collaboration in managing water ecosystems, especially for vulnerable regions   🔍 The Glasgow-Sharm el-Sheikh Work Programme (GlaSS) also incorporated transboundary risks into its framework discussions with calls to integrate transboundary climate risk more explicitly into adaptation frameworks, setting a precedent for future COPs.   POLICY ARGUMENT AT COP 29 📢 Initiate a process at COP 29 for developing a collaborative framework for assessing and addressing cascading risk of climate change across the boundaries. The Frameworks must move beyond territorial approaches and foster regional collaboration in adaptation planning, with an emphasis on joint governance of shared resources, data transparency, and policies that reflect the interdependence of nations facing common climate risks.   📢 Establish an international regulation under the GGA: The COP 29 should initiate discussion for establishing an international regulation and its governance structure under the GGA to guide and regulate trans-boundary adaptation actions while also ensuring their means of implementation.

Cross-border ESG risk management fails less because the law is unclear, & more because the laws don’t align. In itself, misalignment is not the problem, as jurisdictions naturally differ. However, effective regulatory risk management is the difference maker. The East African Crude Oil Pipeline (EACOP) is a prime example. Led by TotalEnergies, the ~$3.5bn project runs across Uganda & Tanzania, with oversight now stretching into French courts under the 2017 Duty of Vigilance Law. The obligation, in principle, is straightforward. Large French companies must identify & prevent serious environmental & human rights harm across global operations, subsidiaries, & supply chains. In practice, it is not. Uganda shifted the legal ground in 2021. Legislation passed to facilitate petroleum development streamlined approvals & strengthened the position of project developers. What satisfies Ugandan law on land acquisition, compensation, or environmental approvals may not meet the standard French vigilance doctrine demands. The law was designed to curb this risk. It requires large French companies to implement vigilance plans to prevent serious environmental & human rights harm across global operations, including subsidiaries & supply chains. Two legal systems are now assessing the same conduct against different thresholds. One enabled the project. The other is testing whether harm was adequately prevented. The consequences are already material. Civil proceedings in France, parallel proceedings in East Africa, prolonged litigation, rising costs, delays, and investor pressure. Over 40 international banks have declined or withdrawn financing support. No decision on the merits has been reached. That is where the litigation now sits. As counsel, the practical framework looks like this. Before the deal closes: -> Do not treat host state compliance as sufficient. It is only one layer -> Map parent-level statutory duties against local law. Line by line -> If there is a gap, price it, allocate it, or redesign the project structure -> Build supervision rights into the parent. Not just reporting lines While the project is ongoing: -> Test implementation on the ground, not just policy alignment -> Align local contractors & subsidiaries to the higher standard, not the easier one -> Document decisions. Courts will compare what you said with what you did When pressure hits: -> Do not rely on the “we complied with local law” argument alone -> Reassess the vigilance plan against actual field conditions -> Engage early. Litigation is usually the result of delayed adjustment What else should you know? ▶️ The duty of care is not only judged where the project sits. It is also judged where the company is domiciled. ▶️ If your structure spans multiple jurisdictions, your compliance threshold is set by the highest one. 🚫 General information only. Not legal advice. #ESGLaw #SustainabilityLaw

I manage teams in different time zones. But we've never faced a significant cyber incident. How? Here are the principles I apply with every global team, no matter the culture or location: 1. Train in context → Security isn’t one-size-fits-all. We adapt examples to local realities, payment scams in one region, phishing in another. Why: Relevance accelerates learning. 2. Secure all communication channels → From Slack to WhatsApp to email, we enforce encryption and standardised guidelines. Why: Inconsistency creates risk. 3. Build a unified incident response plan → Whether in Tokyo, Berlin, or New York, the steps are identical. We drill them regularly. Why: In a crisis, confusion is the real vulnerability. 4. Respect cultural differences in escalation → Some teams hesitate to raise alarms. We normalise and reward early reporting. Why: Silence costs more than mistakes. 5. Run cross-border phishing simulations → Simulated attacks mirror local languages and tactics. Why: Hackers don't stick to English. 6. Adopt follow-the-sun monitoring → When one team clocks out, another takes over. Why: Threats don’t respect time zones. 7. Centralise, but don’t over-centralise → A single backbone policy, with local leaders adapting to regulations and work styles. Why: Balance builds resilience. 8. Host knowledge-sharing sessions → Teams share “threat stories” from their region so others can preempt them. Why: A breach in one region is often a warning for another. Cybersecurity doesn’t stop at borders, and neither should our strategies. The organisations that thrive are the ones that build resilient, unified defences across cultures, time zones, and regulations. That’s the future of global security. P.S. Which of these would make the most significant impact in your organisation - training, communication, or global drills? #CyberSecurity #GlobalTeams #DataProtection #CrossBorderSecurity #DigitalResilience #HospitalitySecurity #technology #KerznerInternational #OneAndOnly #Atlantis #Siro #RareFinds

4 Key Treasury Risks & Mitigants. Treasury risk exposures arising from market volatility can materially impact forecasted cashflows, debt servicing capacity, and working capital stability if not proactively managed. I have outlined 4 key instruments frequently deployed within corporate treasury risk management process: • Forward Contracts • Futures Contracts • Options • Swaps Each instrument provides a structured mechanism for managing exposure to: • Foreign exchange volatility • Commodity price fluctuations • Interest rate variability • Cross-border funding risk Some mitigation strategies include: • Split Forward Hedging — staggered execution of forward contracts across projected FX exposures to enable partial rate lock-in while maintaining responsiveness to changing market conditions. • Rolling Hedge with Futures — continuous rollover of expiring futures contracts to maintain uninterrupted hedge coverage across commodity or interest rate exposures. • Zero-Cost Collar Strategy — structured combination of purchased and written options to establish defined protection bands without upfront premium outlay. • Step-Up Swap Structure — progressive fixed-rate swap arrangements to manage long-term debt obligations in rising interest rate environments. Strategic application of these derivative-based mitigation approaches supports exposure containment, cashflow predictability, and liquidity preservation under dynamic market conditions. ♻️ Repost & Share if you gained some insight!

Weathering the Storm: Supply Chain Risk Management in Uncertain Times Global supply chains have never been more complex, interconnected, or vulnerable to disruption. Trade wars, natural disasters, and geopolitical tensions can all wreak havoc on even the most well-oiled supply chains. So, how can businesses identify, assess, and mitigate operational risks to ensure continuity and resilience? Understanding the Risks The first step is to acknowledge the potential risks that can disrupt your supply chain. These might include: - Trade wars and tariffs - Natural disasters, such as hurricanes, earthquakes, or pandemics - Geopolitical tensions, including terrorism, cyberattacks, or border closures - Supplier insolvency or bankruptcy - Logistics and transportation disruptions - Regulatory changes or compliance issues Identifying Vulnerabilities Next, you need to identify potential vulnerabilities in your supply chain. This involves: - Mapping your supply chain to understand dependencies and critical nodes - Assessing supplier risk, including financial stability, quality control, and compliance - Evaluating logistics and transportation risks, including route disruptions, border closures, or cargo theft - Analyzing regulatory requirements and compliance risks Assessing and Mitigating Risks Once you've identified potential vulnerabilities, it's time to assess and mitigate risks. This might involve: - Diversifying suppliers to reduce dependence on individual vendors - Developing contingency plans for potential disruptions, including alternative logistics routes or suppliers - Implementing risk management strategies, such as insurance or hedging - Investing in supply chain visibility and monitoring tools to detect potential disruptions early - Collaborating with suppliers and logistics providers to share risk and expertise Building Resilience Finally, it's essential to build resilience into your supply chain to ensure it can withstand and recover from disruptions. This involves: - Developing a culture of risk awareness and mitigation - Investing in employee training and development to enhance supply chain expertise - Encouraging collaboration and communication across functions and with external partners - Continuously monitoring and evaluating supply chain performance to identify areas for improvement By following these steps, businesses can better navigate the complexities of global supply chains and mitigate operational risks. It's not about predicting the unpredictable, but about building resilience and agility to respond to whatever comes next. This report by PwC highlights the importance of effective supply chain risk management in today's complex and interconnected business environment. It provides insights into the key risks facing supply chains, including cyber threats, natural disasters, and geopolitical tensions, and offers strategies for mitigating these risks and building resilience.

Include a Customs Compliance and Tariff Mitigation Strategy in your 2026 annual plans! A key reminder from our last Tariff Tea Webinar was simple but overlooked: CBP is an enforcement agency first. Everything else is downstream from that reality. Based on CBP’s year-to-date reporting and enforcement trajectory (projection based on Q1–Q3 data), CBP is on pace for nearly 10,000 trade penalties and liquidated damage claims in 2025, which is one of the steepest year-over-year increases in a decade. This isn’t noise. It’s the operational direction of CBP as it leans further into data-driven targeting, valuation reviews, origin verification, and post-entry audits. Where we’re seeing the biggest importer exposure: • DDP shipments where importers are being very sloppy with compliance • Inconsistent valuation reporting, including assists and indirect payments • Weak or outdated compliance manuals (if they exist) • Supplier-origin data that cannot withstand verification • HTS classifications that don’t align with product specs or CBP precedent The takeaway is direct: If compliance isn’t planned, resourced, and documented, CBP will step in and make its own assessment for you. This is why a formal Customs Compliance and Tariff Mitigation Strategy should be part of every importer’s 2026 planning cycle. It protects margin, reduces risk, and prepares your organization for the enforcement environment that is already here. DM me if you want to discuss - I'm here to help!

The US is crucial for many Canadian companies. Whether you are a Canadian company operating in the US, selling into the US market or looking at US acquisitions for growth or capabilities - the outcome of the US election is material. What's clear to me, despite the sweep, is that having policy certainty is still going to be challenging. Whether you operate in the US or access it as a major market. In terms of what companies can and should do to prepare around tariffs, trade, tax and supply chains - here are the no regret actions that stood out for me: Engage in scenario planning: Plan and model for different changes in policy to get a holistic sense of the overall costs and implications Strategize supply chain resilience: Companies must assess the risk of further supply chain disruptions from changing tariff regimes and potential new trade barriers, considering supply chain risk mitigation or diversifying suppliers to minimize risks. Plan for business structuring adjustments: Shifts in trade policies may necessitate restructuring of operations, including considering new markets or reallocating resources to mitigate tariff impacts. Evaluate impact on M&A: Trade uncertainty and tariffs could affect M&A activity, particularly cross-border deals, where regulatory and tariff-related considerations add complexity to valuation and integration strategies. Look beyond the trade cost: Tax and trade are inextricably intertwined, especially in the rhetoric of this election. Beyond the tariff costs, companies seeking to resolve their business investment and supply chain issues could incur unanticipated knock-on tax costs that implicate transfer pricing, tax credits and state taxes.

I loved joining Theodore Chung on Jones Day's podcast to talk about what really happens in cross-border investigations—from coordinating freezes on assets abroad to navigating systems where prosecutors have no discretion to decline cases and where mechanisms for DPAs/NPAs often don’t exist. We discussed how those differences shape corporate risk, strategy, and realistic timelines for resolution. A few takeaways for global companies and executives: ✅ 𝐂𝐢𝐯𝐢𝐥-𝐥𝐚𝐰 𝐭𝐰𝐢𝐬𝐭: In many European jurisdictions, compulsory prosecution means even thin complaints can trigger inquiries—be ready with facts and documentation fast. ✅ 𝐅𝐞𝐰𝐞𝐫 𝐧𝐞𝐠𝐨𝐭𝐢𝐚𝐭𝐢𝐨𝐧 𝐨𝐟𝐟-𝐫𝐚𝐦𝐩𝐬: Without US-style DPAs/NPAs, more matters head to trial; plan for litigation posture earlier. ✅ 𝐄𝐧𝐟𝐨𝐫𝐜𝐞𝐦𝐞𝐧𝐭 𝐢𝐬𝐧’𝐭 ��𝐞𝐜𝐞𝐬𝐬𝐚𝐫𝐢𝐥𝐲 𝐬𝐥𝐨𝐰𝐢𝐧𝐠—𝐣𝐮𝐬𝐭 𝐬𝐡𝐢𝐟𝐭𝐢𝐧𝐠: Expect continued US activity in new priority areas alongside growing momentum from the UK/Swiss/French anti-corruption task force and an increasingly active EPPO in the EU. If your business touches multiple jurisdictions, a “copy-paste” US strategy won’t cut it. You need a plan that anticipates low case-opening thresholds and evidence-sharing logistics to form an effective communication and advocacy strategy. #CrossBorder #Investigations #AntiCorruption #Compliance #WhiteCollar #FCPA #Sanctions #EPPO #CorporateGovernance #RiskManagement #JonesDay #Moldova #ProcuraturaAnticoruptie

🌍 Every successful business that I helped with growth scaled significantly by launching into new regions. This is a step-by-step guide (with a bonus at the end): ✅ Market Analysis: - Identify the target market (segmentation, size, growth potential) - it might be different from the market in your “main” region - Competitor analysis (major players, their strategies, SWOT analysis) - Analyse any regulatory, legal, or cultural differences that may affect the business (!this is one of the most important aspects. I have seen startups that, even with a solid expansion plan, failed because they didn’t understand the culture of the new region. Things are done differently, and you have to understand the differences and adapt if you want to thrive) ✅ Entry Routes: - Direct entry (establishing a local presence, subsidiary) - Indirect entry (using intermediaries, i.e., distributors, agents, or resellers) - Partnerships (leveraging existing partnerships and exploring new strategic partnerships in the new region) - Licensing / Franchising ✅ Financial Planning: - Develop revenue and cost projections based on market analysis and the entry route you chose (this is important, work with an expert if you are not confident with numbers) - Identify possible funding sources (investors, loans, grants) ✅ Risk Assessment: - Analyse potential risks (e.g., regulatory, legal, financial, operational) - Develop contingency plans and mitigation strategies if you see any risk ✅ Strategy Design & Execution Plan: - If you launch directly, you are no one and you will go nowhere unless you have a detailed Go-To-Market strategy for the new region that is clear on: messaging, which media channels you will use, how you will create a marketing and sales funnel (including clear strategies to convert). This is important, get help if you are not confident  - Define key performance indicators to monitor progress (review, adjust if off track) 👉 This is a very high-level blueprint just to get you started when you’re thinking about your international expansion. There is much more to be said. Ask me questions in the comments if you want more details 👉 BONUS: When you have to start thinking about costs you will incur, I created a high-level cost planning document to give you a sense of what cost items you will have to consider. Link in comments 👇 #startups #founders #gotomarket

🚨 Friday AML & Financial Crime Compliance Tips EDD in Cross-Border Transactions 🌍💰 As global transactions grow in volume and complexity, compliance teams must strengthen Enhanced Due Diligence (EDD) measures to mitigate financial crime risks. Cross-border transactions are a prime target for money laundering, terrorism financing, and fraud. 🔍 Key EDD Measures for Cross-Border Transactions: ✅ Verify Ultimate Beneficial Owners (UBOs) – Always look beyond the immediate transacting party. Hidden ownership structures often mask illicit actors. ✅ Assess Jurisdictional Risks – Transactions involving high-risk countries or those with weak AML regulations demand extra scrutiny. ✅ Monitor Unusual Transaction Patterns – Look out for round-tripping, rapid movement of funds, and inconsistent business activities. ✅ Leverage AI & Transaction Monitoring Tools – Automated solutions help identify anomalies in real time and reduce false positives. ✅ Document & Justify Your Decisions – Ensure audit trails for all high-risk transactions to support regulatory compliance. 💡 Why This Matters: Failing to conduct proper EDD in cross-border transactions can expose financial institutions to hefty fines, reputational damage, and regulatory action. Compliance professionals must adopt a risk-based approach to safeguard their organizations and the financial ecosystem. 📢 What are the biggest EDD challenges you’ve faced in cross-border transactions? #EDD #CrossBorderTransactions #AML #FinancialCrime #Compliance #RegTech #FridayComplianceTips