Mastering the Complexities of Energy and Utility Supply Chains with Trust Your Supplier

by Nick Picone, TYS VP of Advisory Practice

Energy and Utility (E&U) organizations operate within one of today’s most complex and operationally challenging supply chain environments. They are interdependent industries where reliability and resilience are non-negotiable. As these industries evolve, they face three key operational challenges, ranging from ensuring a consistent supply of the goods and services (at stable prices) required to maintain an aging utility grid, balancing energy transition with compliance requirements, and mitigating a wide range of supplier risks – especially cyber vulnerabilities.  

According to Hemingway’s Law of Motion, these challenges can lead to an unforeseen collapse which “happens gradually and then suddenly” where seemingly manageable issues can escalate into critical failures if not addressed proactively. What’s needed is a novel approach to supplier and risk management, one that anticipates and mitigates risks before they impact operations. 

In order to deliver meaningful change, leaders across the sector need to be intellectually honest about their current state and capabilities and curious about what practical steps they can take to improve how they operate. In this case, the improvement that I’m referring to is a future state that provides the visibility, and end-to-end capabilities required to mitigate key challenges before they reach a tipping point. 

Aging Infrastructure: A Pressing Concern

One of the most consequential challenges facing the energy and utility sectors is aging utility infrastructure. According to a U.S. Grid Deployment Office (GDO) report, over 70% of the U.S. utility grid is more than 25 years old and will require substantial modernization or complete replacement. This ongoing issue not only impacts reliability but also significantly increases maintenance costs. The American Society of Civil Engineers (ASCE) Infrastructure Report Card underscores that aging infrastructure requires more frequent repairs and faces an increase in prolonged outages that can erode customer trust and impact daily life. 

Moreover, the Department of Energy (DOE) highlights that outdated infrastructure cannot support the advanced technology needed for grid modernization and integration of renewable energy sources. This presents a considerable obstacle as utility companies strive to meet regulatory requirements and sustainability goals. As infrastructure projects ramp up, the demand for raw materials and components increases, leading to potential supply bottlenecks, which can further delay critical upgrades and increase costs.  

How TYS Helps: 

Maintaining aging infrastructure requires a diversified supplier base to provide specialized components and services, which can be challenging to source, especially in a landscape prone to supply bottlenecks. TYS simplifies the diversification process by providing U&E companies with the tools to segment and identify potential risks and the ability to quickly discover, assess, and onboard suppliers. 

TYS provides comprehensive visibility into your entire supplier base, as well as the agility and controls required to mitigate risks proactively, ensure compliance, and enhance operational efficiency. By leveraging clean and continuously maintained data in addition to a network of trusted suppliers, companies can pre-qualify and onboard new suppliers with speed and precision. Furthermore, TYS’s automated monitoring capabilities ensure continuous oversight of supplier risk and compliance with regulatory standards, allowing organizations to address potential issues before they reach a tipping point.  

This holistic approach streamlines procurement processes, fortifies supply chain resilience, and empowers utilities to maintain and modernize their aging infrastructure without unexpected delays or disruptions due to supplier challenges. 

Energy Transition & Compliance Management: Balancing Innovation and Regulation 

The global push towards clean energy has added a new layer of complexity to the energy and utility industries. Transitioning to renewable energy sources like solar, wind, and hydroelectric power necessitates significant infrastructure upgrades, while the rapidly evolving regulatory landscape requires meticulous compliance management. 

As regulations become more stringent, utility companies face increasing pressure to meet Environmental, Social, and Governance (ESG) standards. This challenge extends to the careful selection of suppliers who align with these criteria. KPMG emphasizes that non-compliance with safety and environmental regulations can lead to severe penalties, operational setbacks, and reputational damage. 

How TYS Helps 

TYS simplifies compliance management by enabling utility companies to quickly find and onboard suppliers that meet sustainability and regulatory requirements. The platform offers an intuitive supplier discovery experience through features like dynamic search and filtering, making it simple to identify suppliers within a trusted network that adhere to compliance criteria. 

The procurement process is also streamlined by enabling efficient review and consensus approvals on internal supplier requests before initiating contact. TYS’s flexible platform supports customization of the prequalification process with tailored assessment questionnaires, automated approvals, and segmented validations to ensure alignment with specific business requirements. 

Compliance initiatives are seamlessly managed through a combination of up-to-date supplier compliance questionnaires and risk data from trusted partners. This approach provides both qualitative and quantitative insights, supporting informed decision-making. 

Once suppliers are onboarded, TYS’s life cycle monitoring tools offer ongoing visibility into compliance, reducing the risk of penalties and helping to maintain a strong reputation. 

Risk Management: Safeguarding Against Disruptions 

The E&U sectors are facing an increasing frequency of disruption driven by global events such as pandemics, geopolitical conflicts, natural disasters, and trade restrictions. Additionally, the exponential rate of integration of digital technologies is driving a significant volume of new cybersecurity attacks. In fact, Power Grid International reports a 71% rise in cyberattacks on utility companies in North America in just the last year. 

Effective risk management is often hampered by fragmented data management processes, which can lead to limited visibility across the supplier network. This lack of transparency is a direct result of outdated information creating sub-optimal conditions for decision-making, leaving companies ill-prepared to respond to emerging threats. 

As digital technologies are being continually implemented across utility operations, the stakes of cybersecurity continue to grow. Cyberattacks can compromise sensitive data, disrupt essential services, and inflict severe financial and reputational damage. 

How TYS Helps: 

TYS offers a secure and comprehensive risk management solution that enhances visibility across the supply chain. This enables companies to identify potential risks related to cyber security and respond proactively. By integrating data from leading risk intelligence providers, E&U organizations can continuously access reliable, “best-of-breed data” that supports informed decision-making.

Additionally, TYS provides supplier profiles that can be enriched with critical information from top cyber risk intelligence sources, allowing companies to assess and monitor cyber threats associated with their suppliers. This comprehensive understanding of potential risks is further strengthened by TYS’s use of blockchain technology, which minimizes the risk of data breaches and provides a secure environment for supplier interactions, protecting against operational and reputational damage. 

The TYS platform includes comprehensive risk monitoring workflows that continuously track changes in supplier risk profiles. These workflows trigger an automated approval process that will re-evaluate key data points and provide a best-in-class risk management process. 

Through these capabilities, TYS empowers utility companies to build resilient and reliable supply chains that can withstand global challenges and safeguard their operations against emerging risks. 

TYS: Empowering Energy and Utility Companies for Long-Term Success

In an industry defined by aging infrastructure, the transition to renewable energy, and the growing risks of global supply chain disruptions, energy and utility companies face challenges that demand innovative solutions. 

Trust Your Supplier (TYS) provides a comprehensive suite of tools that allow organizations to rethink their risk management posture and redesign their supplier management process, enhancing visibility, digitizing processes, and strengthening risk and compliance management. 

From supplier discovery and onboarding to multi-dimensional risk management, TYS equips companies with the capabilities needed to build resilient, reliable, and compliant supply chains and position themselves for sustainable success in an ever-evolving industry. 

Want to dive deeper into these insights? Watch our vlog where Nick Piccone explores these complexities how Trust Your Supplier can help you overcome them.  Check it out here.

 

Navigating the ESG Landscape: How Financial Services Can Thrive in a Changing World

by Nick Picone, TYS VP of Advisory Practice, and Michelle Armstrong, TYS Global VP of Value Solutions Consultant

The financial services industry has officially passed a critical inflection point. Climate change and ever-changing environmental, social, and governance (ESG) requirements have quickly reshaped the operating landscape. This accelerating shift demands a proactive approach from banks and other large financial institutions to meet regulatory expectations and harness ESG principles for economic resilience and innovation.

It is no longer an option to sit back and ignore these challenges with regulators, investors, customers and stakeholders who are increasingly scrutinizing ESG integration and climate risk management. The imperative to change becomes even more compelling when confronted with an uncertain economic climate like we face today – where a strategic posture supporting sustainability has proven to foster operational resilience against economic downturns and inflationary pressures.

This article delves into the evolving regulatory landscape, the importance of supplier compliance, and how forward-thinking institutions can leverage emerging technology to navigate this transformative period, thereby driving the results that society now requires and ensuring economic sustainability.

The Coming Regulatory Storm: From OCC to Global Framework
The recent final guidance from the Office of the Comptroller of the Currency (OCC) in the United States and similar global initiatives in the EU underscore the growing focus on two distinct areas climate change and ESG integration. With guidance emphasizing the need for large banks to manage climate-related financial risks more effectively, the message is clear: financial stability and responsible lending practices are now critical business requirements. This regulatory push, combined with the resilience ESG-focused companies have shown during economic downturns, highlights the financial imperative to integrate sustainable practices.

Key Statistics:

Moving Beyond Compliance: Embracing ESG as a Core Business Strategy
For financial institutions, integrating ESG into the business extends far beyond compliance; it presents a strategic opportunity to innovate, mitigate risks, and enhance financial performance. Organizations are being presented with a golden opportunity to become more operationally fit. An additional value driver all organizations will benefit from is the enhanced ability to weather economic shocks and inflationary pressures by reducing operating costs and fostering resilience. Aligning with global standards like the EU Taxonomy and SFDR not only demonstrates a commitment to transparency but also attracts eco-conscious customers, offering a competitive edge in an increasingly discerning customer base.

Key Statistics:

  • A significant majority of global consumers are willing to pay a premium for sustainable products and services, highlighting the economic benefit of ESG integration. (Source: McKinsey, 2023)
  • Companies with robust ESG performance consistently outperform their peers (MSCI, 2023), underscoring the financial rationale for sustainability.

Leveraging Emerging Technology for Transformation
Effective ESG assessments and climate risk management require innovative solutions. Technologies that streamline data management and enhance risk assessment enable financial institutions to navigate the complexities of the ESG landscape quickly and efficiently. By automating compliance and leveraging advanced analytics, institutions can ensure they meet evolving regulatory requirements while driving sustainable growth.

Key Benefits:

  • Streamlining data management: Eliminate data silos and consolidate insights from diverse sources, providing a holistic view of ESG performance and climate risks. (Source: McKinsey, 2023)
  • Enhancing risk management: Utilize advanced analytics and scenario planning tools to quantify climate-related risks and inform sound decision-making. (Source: McKinsey, 2020)
  • Ensuring regulatory compliance: Automate data collection, reporting, and disclosure processes to guarantee adherence to evolving regulations like the EU Taxonomy and SFDR. (Source: Deloitte, 2022)

The Business Case To Support Change
The financial services industry plays a pivotal role in building a sustainable future. Embracing ESG and climate-conscious strategies enables long-term success, mitigates risks, and unlocks future growth. It’s also critical to partner with an emerging technology provider who will support your initiative to integrate ESG into your operational environment. Partnering with a company like TYS and leveraging a best-of-breed approach through third-party data providers like Moody’s, EcoVadis, Rapid Ratings, and Dunn & Bradstreet will ensure your organization not only aligns with regulatory requirements but also contributes to a more sustainable and economically stable future.

Top 5 Regulatory Compliance Issues Facing Financial Services in the Next 5 Years

by Michelle Armstrong, TYS Global VP of Value Solutions Consultant and Nick Picone, TYS VP of Advisory Practice

In today’s swiftly and sometimes frantically evolving financial landscape, the banking sector faces an array of complex regulatory challenges. From environmental sustainability and cybersecurity to operational resilience and financial integrity, banks must navigate a labyrinth of compliance issues critical to their success and sustainability. Amidst this dynamic environment, innovative solutions like Trust Your Supplier (TYS) are emerging as key enablers, offering banks an efficient and secure way to manage supplier due diligence and compliance.  

This blog delves into the top five regulatory compliance issues facing banks in the next five years, highlighting how technologies such as TYS and strategic partnerships with entities like Moody’s, RapidRatings, EcoVadis, and Dun and Bradstreet can play a transformative role in meeting these challenges. We will explore the complexities of each regulatory area and how leveraging TYS can aid banks in complying with these evolving requirements and gaining a competitive edge in the banking industry. 

  1. Climate Change and ESG (Environmental, Social, and Governance):

OCC and Global Regulatory Frameworks: The Office of the Comptroller of the Currency (OCC) in the United States, alongside global regulatory bodies, are increasingly focusing on how banks address climate-related financial risks. This includes the development of risk management frameworks that incorporate climate-related risks in their lending and investment practices. 

ESG Compliance: ESG compliance involves adhering to standards and regulations related to environmental conservation, social responsibility, and governance ethics. Banks are expected to integrate ESG factors into their operational and strategic decisions. This includes aligning with the EU’s Taxonomy Regulation, which classifies sustainable activities, and adhering to the Sustainable Finance Disclosure Regulation (SFDR) for transparent ESG disclosures. 

  1. Cybersecurity and Data Privacy:

EU’s DORA: The Digital Operational Resilience Act aims to consolidate and upgrade digital operational resilience requirements across the EU financial sector. For banks, this means ensuring their ICT (information communication technology) systems and tools are resilient against cyber threats. DORA also emphasizes the importance of robust risk management frameworks and regular testing of ICT systems. 

Data Privacy Regulations: Banks need to comply with various data protection laws like the General Data Protection Regulation (GDPR) in the EU and the California Consumer Privacy Act (CCPA) in the United States. These regulations mandate stringent data handling practices and grant individuals greater control over their personal data. 

  1. Artificial Intelligence and Fintech:

Regulatory Focus on AI and Fintech: Banks using AI and fintech solutions must ensure these technologies comply with existing and upcoming regulations. This includes addressing algorithmic bias, maintaining transparency in AI-driven decisions, and ensuring the security and privacy of customer data. 

Sub-Contracting and Vendor Management: Under DORA, banks must manage the risks associated with outsourcing and sub-contracting technology services. This includes ensuring that third-party providers comply with the same operational resilience and data protection standards as the banks themselves. 

  1. Operational Resilience and Business Continuity:
  • DORA’s Emphasis on Operational Resilience: DORA requires financial entities, including banks, to establish and maintain effective and comprehensive strategies and processes to ensure operational resilience. This includes responding swiftly to, recovering from, and adapting to ICT-related disruptions. 
  • SOX and Financial Reporting Integrity: The Sarbanes-Oxley Act of 2002, a result of corporate scandals like Enron and WorldCom, focuses on enhancing the accuracy and reliability of corporate financial disclosures. Banks must ensure that their financial reporting processes are transparent and free from fraud, which is a part of maintaining operational resilience. 
  1. Anti-Money Laundering and Combating Financial Crime:

Bank Secrecy Act (AML & CFT): The Bank Secrecy Act, along with Anti-Money Laundering (AML) and Counter Financing of Terrorism (CFT) laws, requires banks to monitor and report activities that might indicate money laundering or terrorist financing. This includes maintaining proper records of transactions, filing reports for suspicious activities, and implementing robust customer due diligence (CDD) measures. 

Global AML/CFT Compliance: The regulatory landscape for AML and CFT is global, with banks needing to comply with international standards set by bodies like the Financial Action Task Force (FATF) and local regulations in their jurisdictions. 

Cross-Cutting Themes and Compliance Strategies: 

  • Technology Investment: To comply with these diverse and complex regulations, banks must invest in advanced technologies like AI, machine learning, and blockchain for better risk management, transaction monitoring, and reporting. 
  • Training and Culture: Cultivating a culture of compliance within the organization is crucial. This involves regular employee training on compliance topics, ethical conduct, and awareness of the legal implications of non-compliance. 
  • Proactive Risk Management: Banks should adopt a proactive approach to risk management, continuously assessing and updating their compliance programs to adapt to new regulations and evolving risks. 
  • Stakeholder Engagement: Engaging with regulators, industry groups, and other stakeholders is vital for staying ahead of regulatory changes and understanding expectations. 
  • Audit and Assurance: Regular internal and external audits are necessary to ensure compliance with SOX, AML/CFT laws, and data privacy regulations. 

Integration of Trust Your Supplier in Banking Industry Compliance 

As banks navigate the complex regulatory compliance landscape, especially in areas like supplier due diligence, technologies like Trust Your Supplier (TYS) play a pivotal role. TYS, a blockchain-based platform, revolutionizes how banks manage and verify supplier information, ensuring compliance and enhancing operational efficiency. 

Strategic Partnerships Enhancing Compliance and Due Diligence: 

  • Dun and Bradstreet: Utilizing Dun and Bradstreet’s vast database enhances banks’ ability to conduct thorough background checks, assess credit risk, and maintain compliance with AML and CFT regulations.  
  • EcoVadis: EcoVadis brings sustainability ratings into the mix, enabling banks to align with ESG compliance by evaluating their suppliers’ environmental and social impact. 
  • Moody’s: Collaboration with Moody’s provides banks access to critical credit ratings and risk assessments, which are integral for evaluating suppliers’ financial stability and risk profiles. 
  • Rapid Ratings: Partnering with Rapid Ratings allows banks to leverage financial health data, offering a comprehensive view of supplier risk, which is vital in assessing small and medium-sized enterprises. 

Leveraging TYS for Enhanced Compliance: 

Automated Compliance Questionnaires: TYS simplifies the compliance process by providing automated questionnaires tailored to banking industry standards, including SOX, GDPR, and DORA. This automation ensures thorough and consistent supplier vetting, which is crucial for regulatory adherence. 

Blockchain Advantage: The blockchain foundation of TYS offers unparalleled transparency and security in supplier information management. This feature is particularly beneficial for complying with data privacy laws and mitigating cybersecurity risks. 

Operational Resilience: By streamlining supplier information management, TYS directly contributes to the operational resilience of banks. It provides a robust framework to manage supply chain disruptions, a key aspect of business continuity planning under regulatory frameworks like DORA and OCC regulations. 

TYS: A Tool for Proactive Compliance Strategy 

Incorporating Trust Your Supplier into the banking industry’s compliance strategy offers a proactive approach to meeting regulatory demands. It not only assists in complying with current regulations but also positions banks to quickly adapt to future changes in the regulatory environment. The platform’s integration with strategic partners like Moody’s, Rapid Ratings, EcoVadis, and Dun and Bradstreet further enriches its capability to offer comprehensive, multi-dimensional supplier assessments. This integration is crucial for banks aiming to stay ahead in the compliance game, ensuring they are reactive and forward-thinking in their compliance and operational strategies. 

In the ever-evolving regulatory landscape of the banking industry, platforms like Trust Your Supplier are not just tools but essential allies. They enable banks to manage supplier risks effectively, ensure compliance, and maintain operational resilience. As we continue to explore the detailed aspects of banking regulations in our upcoming posts, the role of innovative solutions like TYS in aiding compliance and enhancing due diligence processes will be a recurring theme.  

Conclusion 

Over the next week, we will dive deeper into these topics, unraveling the complexities and nuances of OCC regulations, DORA, the Bank Secrecy Act, data privacy laws, and SOX. We’ll examine how these regulations will shape banking practices’ operational, strategic, and ethical dimensions. Each post in this series will offer in-depth insights and practical guidance, helping banks and financial professionals navigate these challenges effectively. Stay tuned as we dissect these themes individually, providing a clearer understanding of what lies ahead in the dynamic world of banking regulation. 

 

TYS Podcast S2E1- Navigating Supply Chain Risks

In the ever-evolving landscape of procurement, understanding and mitigating risks have become paramount for businesses seeking sustained success. In the inaugural episode of “TYS Lunch & Learn,” hosted by Fatima Lacanlale, Nick Picone, VP of Advisory Practice at Trust Your Supplier, sheds light on critical aspects of digital transformation, supply chain dynamics, and the future of how to mitigate risk in procurement. 

Unlocking the World of Risks:
Nick, a seasoned professional with nearly two decades of experience in the business software industry, delves into the intricacies of supplier risks, particularly focusing on financial vulnerabilities. With companies facing historic acceleration in interest rates, small and medium-tier suppliers are grappling with financial stress. The result? A significant increase in bankruptcies, posing a substantial threat to supply chain continuity. 

Nick emphasizes the need for organizations to grasp the impending challenges, with $4 trillion of debt expected to roll over at much higher rates in the next four years. Small and medium-tier suppliers, often crucial to a company’s operations, are likely to bear the brunt. To address this, businesses must act swiftly, collaborating with suppliers to mitigate risks or exploring alternative sourcing strategies. 

The Power of Visibility and Clean Data:
A recurring theme in the conversation is the importance of visibility and clean data. Nick asserts that clean, segmented data forms the foundation for achieving comprehensive visibility across the supplier base. The ability to augment this data with real-time insights from third parties and take actionable steps is essential.  

Trust Your Supplier (TYS) emerges as a solution that empowers businesses with the agility to navigate these challenges, offering a single, unified platform for data security, governance, and risk management. 

Actionable Steps for a Resilient Future:
Nick provides actionable steps for businesses looking to enhance their visibility and mitigate risks. The key lies in intellectual curiosity and collaboration. Leadership within organizations must engage in internal dialogues and collaborate with external providers like TYS to understand and solve the complex problems associated with procurement risks. The adoption of modern technology, including blockchain platforms, is pivotal in achieving control over data, fostering trust, and ensuring transparency—an approach that Trust Your Supplier advocates. 

In conclusion, this episode underscores the critical need for businesses to proactively address risks in their supply chain. By leveraging technology, fostering collaboration, and staying intellectually curious, organizations can not only navigate the challenges posed by financial uncertainties but also build a resilient supply chain that stands the test of time. Stay tuned for more insights and expert discussions in future episodes of ” Lunch & Learns.” 

How To Avoid The Non-Compliance Speed Trap (What’s the Opposite of Cynical?) – Part 2

by Nick Picone, Trust Your Supplier VP of Advisory Practice

In my last post, I shared my thoughts on the coming regulatory headwinds and potential financial implications that all companies that lack efficient and effective supplier management capabilities will eventually face.

Today, I want to share insights from conversations I’ve had with leaders across the supply chain, procurement, and compliance officers at the various conferences I’ve attended with my team over the last three months.

Risk is Increasing

Nearly every discussion I had involved an extraordinary level of intellectual curiosity about what my company TYS does and what I saw in my day-to-day role as we partner with companies across the globe on their risk and compliance transformation initiatives.

I explained that nearly everyone understands they lack the comprehensive visibility across their supplier base to effectively manage risk and compliance at scale. I also shared a reasonably bold opinion that many companies I am meeting with face the increased risk of a supply chain extinction-level event due to a perfect storm across their small and middle-tier suppliers.

Some people challenged my position – which you expect – or mentioned that the level of risk I was referring to did not apply to their company which I was also willing to debate. The good news is that nearly all were interested in understanding why I thought the way I did and what I was looking at or seeing that shaped my view.

I explained that small and medium-tier suppliers are most at risk from this “perfect storm” we all face. It is especially important to recognize that these small and medium-tier suppliers could also be strategic and to understand the risk most companies face today by only focusing on their top-tier suppliers due to cost and complexity issues. In other words, companies generally have very little clarity into the situation beyond the first-tier suppliers until it’s too late.

Pre-COVID Survival

Before the pandemic and the world-changing events of the past few years, many small to medium-sized companies were practically on life support, and continued to exist because of favorable lending standards and the abnormally low cost of capital over the previous fourteen-year period. These historically low rates and easier access to credit provided a lifeline to businesses, particularly small and middle-tier suppliers who barely made it and primarily relied on regional banks to provide access to capital.

The Perfect Storm

Today, the problems we face as a society are well known. We find ourselves in a new environment; the optimal operating conditions of the past have quickly eroded and created the previously alluded to perfect storm characterized by exploding interest rates, tightening lending standards (especially across regional banks), inflation, geopolitical risk, and shortages across the supply chain. These events, taking place concurrently, are creating the most challenging financial climate – and operating environment for business – in at least fifty years. As a result, there is a dramatic increase in the risk of a significant shock to the global financial system that begins with regional banks and will ultimately impact companies and consumers.

Supporting Data

It may seem bold to suggest that many – okay, a significant portion of a company’s supply base may not be in business in 18 months. I realize that it is impossible to predict the future. Still, it is possible to see around corners, especially when you have complete visibility over your supplier base and access to instant real-time intelligence.

For example, let me share several “sobering” present-day statistics that will illustrate just how much stress your small and middle-tier suppliers are under – particularly diverse suppliers.

A record number of small businesses folded during the pandemic, and African American businesses were unfortunately “the hardest hit” with a drop of 41%, followed by a 32% decline in Latino-owned businesses.” As a point of comparison, the decrease in white-owned businesses was 17%.

Those numbers are hard to accept for some, which is understandable because they surprise many.

The Opposite of Cynical – Clarity

I understand technically, the opposite of cynicism is optimism. However, for anyone to become optimistic – which I am, by the way – I believe you need a clear line of sight to understand your current reality – where you are, where you want to go, and what you must overcome to get there.

However, you can only achieve your goals with a solid and stable supply base that includes your small and medium-tier suppliers.

The two questions you now must ask – and be able to answer, how stable and resilient is your value chain beyond your tier-one suppliers? How do you really know?

How To Avoid The Non-Compliance Speed Trap (A Cynical View) – Part 1

by Nick Picone, Trust Your Supplier VP of Advisory Practice

“Regulatory fines and penalties for non-compliance are steep. In 2018, non-compliant firms were subject to $3.945 billion in penalties and another $794 million in judgments related to SEC investigations and complaints, while FINRA imposed $61 million in fines.” – What’s the True Overall Cost of Non-Compliance?, complysci (2019)

As illustrated by the above excerpt from a 2019 article, compliance challenges were an issue even before the pandemic hit. But when you learn that there were $3.945 billion in penalties – which is a significant number, in my opinion, what does it really represent? Is it a call to action or such an incomprehensibly large figure that makes you think, “wow,” and move on to pressing “right in front of you” demands?

Let’s face it, with the pandemic, war in Ukraine, persistent inflation, and a myriad of other “challenges” that we are facing, if it doesn’t affect you directly, $3.945 billion is someone else’s problem.

Even when you break down the numbers and demonstrate how non-compliance costs firms “nearly three times the cost of being compliant,” it does little to create a sense of urgency beyond passing awareness. By the way, the actual dollar figure for non-compliance in fiscal 2017 was $14.82 million. Conversely, the estimated cost to ensure your organization was compliant with existing regulations at that time was $5.47 million.

The Lens of Inertia

Like high blood pressure, inflation, and the fact that Netflix seems to cancel great series for no apparent reason, we all know compliance is “important,” but we can’t do anything about it, can we? There are so many other, more granular things to worry about from a collective and personal standpoint.

For example, at one of the many conferences I have attended over the past two months, it was alarming to see firsthand how many people had name badges that said “former” or “looking for work.

“My point in all this is that we have to, first of all, recognize the realities of the general mindset in our industry. How can you expect a procurement team to worry about carbon footprint and conflict minerals when there is so much economic uncertainty? Even in good times, there is a long history of “risk recognition and inaction.” A McKinsey 2006 survey provides compelling evidence of how risk avoidance was more a state of mind than an actual event.

While not as acute, the challenges we faced in 2006 are no different from those we face today regarding compliance. The question is this: why will our response be different this time?

One reason I think it will be different this time is that the cost of non-compliance increased by 2,650% from 2017-2019, which is the definition of exponential growth.

Ideal Conditions For A Speed Trap

A hidden scaffolding of financial incentives underpins the policing of motorists in the United States, encouraging some communities to essentially repurpose armed officers as revenue agents searching for infractions largely unrelated to public safety.” – New York Times (2021)

According to one report, the average police officer writes 100 to 150 tickets each month. While that number can vary from city to city, town to town, it is safe to say that when it comes to moving violations such as speeding tickets, there is a noticeable police presence, e.g., speed traps at the end of the month. Yes, this is an anecdotal observation, more than a scientific conclusion. But does that make it any less accurate?

Here is the reality. During tough economic times, government deficits increase. There are primarily two ways to plug deficits. The first is to cut spending and the direct and indirect taxation of people and businesses. This approach rarely happens.

When you look at the size of fiscal deficits and all the fines that businesses across the globe will eventually face, you can see how governments understand that they have a unique speed trap set from an enforcement perspective, as companies have no good way to effectively and efficiently manage their large and extended supply networks from a compliance perspective.

To be clear, this is not an anti-government rant. It is a reality.

If you disagree with me, google the term “sin tax.”

According to one of many definitions, “sin taxes are usually placed on the sale of cigarettes, liquor, tobacco and other goods that are considered dangerous to individuals or society.”

There is a clear parallel here when you think about conflict minerals, global warming, modern slavery, data privacy, etc.; these are also societal issues that negatively affect us all.

Stay tuned for Part 2: How To Avoid The Non-Compliance Speed Trap (What’s The Opposite of Cynical?)

How does improving supplier relationships through greater supply chain visibility help the battle against inflation/shrinkflation?

Inflation is a hot topic, and of course, outside of my personal wallet, my procurement background means that I usually view inflation/shrinkflation through a supply chain lens – more specifically, relationships and visibility.

For example, Dawn Tiura’s recent article on the introduction of a “grocery conduct code” was worthwhile reading for several reasons.

To start, citing the inflation battle between a large grocery retailer and Frito-Lay explains why price hikes are happening and why the manufacturer pulled some of my favorite snacks from the grocer’s shelves. By the way, some consumers have benefited from the situation because they discovered that alternative boutique brands were tastier and easier on the budget—more savings in their wallets.

That said, according to reports, by “providing clarity for business practices and establishing guiding principles” to “improve industry relationships” across supply chains, this new code will “ultimately benefit consumers as well.”

Of course, the code alone will not improve supply chain visibility resulting in a mutually positive buyer-supplier result. Companies will have to leverage real-time digital capabilities to assess market conditions and potential price hikes to allow them to collaborate on a solution with suppliers before it gets to the point of a loggerhead.

A State of Ready Visibility

The conduct code, or any legislative intervention, can be positive, especially when it “motivates” organizations to examine the state of their extended supply chains. I emphasize the words “extended supply chains.”

Not surprisingly, there is usually a greater familiarity and a much better understanding of the relationship with tier-one suppliers. These relationships can still be challenging, e.g., the retail grocer and Frito-Lay example from Dawn’s article.

What stood out to me from that example was the grocer’s ability to quickly tap into their second and possibly third-tier network to fill their empty shelves with quality product alternatives when their primary supplier stopped shipping their product.

It is clear that the retailer’s ability to engage their extended supply chain partners occurred long before the impasse with their leading supplier came to a head.

Here is the question: If you were to find yourself in the same position as the grocer, how quickly would you be able to identify and engage your next-tier suppliers? What is your state of ready visibility?

Extended Visibility by the Numbers

According to McKinsey, many organizations wouldn’t be able to respond to disruption by inflation or otherwise as quickly as they would need to or would want. Only 21 percent of companies have “visibility beyond their tier-one suppliers,” with only 2 percent having sufficient insight to engage their tier-three suppliers on short notice effectively.

Regardless of whether you are contending with inflation or geopolitical instability, or any other possible or probable supply chain challenge having complete line-of-site visibility throughout all tiers of your extended supply network is a state of readiness you should always want to achieve.

Nick Picone
Trust Your Supplier VP of Advisory Practice

Welcome Nick Picone

We are excited to welcome Nick Picone to the Trust Your Supplier team! Nick joins us as the Vice President of Advisory Practice and is responsible for worldwide sales execution and advisory practice strategy.  

Bringing more than a decade of experience in the business software industry. For the last six years, Nick has served as an independent management consultant and spend management strategy advisor to Fortune 500 companies, hedge funds, private equity, and institutional investors. Before that, he was the Director of Strategic Sales at Coupa Software as the company scaled to an IPO. View his full bio here.   

“My main priority is ensuring the success of our customers as we rapidly expand TYS’s footprint across the globe. Our supplier management platform defines disruptive innovation and will play a critical role in securing the future of the global supply chain. I look forward to working alongside our leadership team as we take TYS’s success to the next level.” 

Nick earned a bachelor’s degree in business administration with an emphasis in Finance and Entrepreneurship from Baldwin-Wallace University.  

We are delighted that Nick has joined our executive team to ensure the success of our customers, increase network adoption and establish new partnerships.