And now the fire catching hover boards are hard to buy, but not because no one wants to buy. Why?
On January 14, 2016 10:08:50 PM PST, "Ghery S. Pettit" <n6...@comcast.net> wrote: >Amen to that. > > > >Ghery Pettit > > > >From: Ken Javor [mailto:ken.ja...@emccompliance.com] >Sent: Thursday, January 14, 2016 7:59 PM >To: EMC-PSTC@LISTSERV.IEEE.ORG >Subject: Re: [PSES] Is your company doing enough to ensure adequate EMC >compliance? > > > >"Last week was a good one for the compliance profession. " > >Could not disagree more. This is big brother, or socialism, call it >what >you will. A product either meets requirements, or it doesn't. The >gov't >instructing the private sector on how to get there is worse than >superfluous, it's damaging. > >Ken Javor >Phone: (256) 650-5261 > > > > _____ > >From: "gdstuyvenb...@yahoo.com" ><0000058ee1229c70-dmarc-requ...@ieee.org> >Reply-To: "gdstuyvenb...@yahoo.com" <gdstuyvenb...@yahoo.com> >Date: Fri, 15 Jan 2016 03:33:42 +0000 >To: <EMC-PSTC@LISTSERV.IEEE.ORG> >Subject: [PSES] Is your company doing enough to ensure adequate EMC >compliance? > >As this is a board that deals primarily with regulatory/compliance >issues, I >thought the following article was pertinent to our cause and deserving >of >consideration. > >FEDS AS THOUGHT LEADERS: A BACK-DOOR COMPLIANCE DEFENSE TAKES SHAPE ><http://www.fcpablog.com/blog/2015/11/11/feds-as-thought-leaders-a-back-door >-compliance-defense-takes.html> ><http://www.fcpablog.com/blog/2015/11/11/feds-as-thought-leaders-a-back-door >-compliance-defense-takes.html> >By Richard L. Cassin <http://www.fcpablog.com/blog/author/fcpablog> ><http://www.fcpablog.com/blog/author/fcpablog> | Wednesday, November >11, >2015 at 7:53AM >Assistant Attorney General Leslie Caldwell said last week the DOJ's >hiring >of a compliance counsel doesn't mean the agency is "moving toward >recognizing or instituting a 'compliance defense.'" >What then will the compliance counsel do? >"She will help us evaluate each compliance program on a case-by-case >basis >-- just as the department always has -- but with a more expert eye," >AAG >Caldwell told a gethering ><http://www.justice.gov/opa/speech/assistant-attorney-general-leslie-r-caldw >ell-speaks-sifma-compliance-and-legal-society> ><http://www.justice.gov/opa/speech/assistant-attorney-general-leslie-r-caldw >ell-speaks-sifma-compliance-and-legal-society> of compliance officers >in >New York. >Caldwell, pictured above, then set out the factors the DOJ compliance >counsel will assess: > >* Does the institution ensure that its directors and senior managers >provide strong, explicit and visible support for its corporate >compliance >policies? >* Do the people who are responsible for compliance have stature within >the company? Do compliance teams get adequate funding and access to >necessary resources? Of course, we won't expect that a smaller company >has >the same compliance resources as a Fortune-50 company. >* Are the institution's compliance policies clear and in writing? Are >they easily understood by employees? Are the policies translated into >languages spoken by the company's employees? >* Does the institution ensure that its compliance policies are >effectively communicated to all employees? Are its written policies >easy for >employees to find? Do employees have repeated training, which should >include >direction regarding what to do or with whom to consult when issues >arise? >* Does the institution review its policies and practices to keep them >up to date with evolving risks and circumstances? This is especially >important if a U.S.-based entity acquires or merges with another >business, >especially a foreign one. >* Are there mechanisms to enforce compliance policies? Those include >both incentivizing good compliance and disciplining violations. Is >discipline even handed? The department does not look favorably on >situations >in which low-level employees who may have engaged in misconduct are >terminated, but the more senior people who either directed or >deliberately >turned a blind eye to the conduct suffer no consequences. Such action >sends >the wrong message -- to other employees, to the market and to the >government >-- about the institution's commitment to compliance. >* Does the institution sensitize third parties like vendors, agents or >consultants to the company's expectation that its partners are also >serious >about compliance? This means more than including boilerplate language >in a >contract. It means taking action -- including termination of a business >relationship -- if a partner demonstrates a lack of respect for laws >and >policies. And that attitude toward partner compliance must exist >regardless >of geographic location. > >Two days after AAG Caldwell's talk in New York, Andrew Ceresney, head >of >the SEC's enforcement division, spoke to ><http://www.fcpablog.com/blog/2015/11/9/sec-we-protect-compliance-officers-e >xcept-when-we-prosecute.html> ><http://www.fcpablog.com/blog/2015/11/9/sec-we-protect-compliance-officers-e >xcept-when-we-prosecute.html> the National Society of Compliance >Professionals at the group's annual event in DC. >He started with a disclaimer: "[T]he views I express here today are my >own >and do not necessarily represent the views of the Commission or its >staff." >Then he said something every compliance officer and corporate director >and >C-suiter should hear and remember: "I have found that you can predict a >lot >about the likelihood of an enforcement action by asking a few simple >questions about the role of the company's compliance department in the >firm." >Here are those "simple" questions: > >* Are compliance personnel included in critical meetings? >* Are their views typically sought and followed? >* Do compliance officers report to the CEO and have significant >visibility with the board? >* Is the compliance department viewed as an important partner in the >business and not simply as a support function or a cost center? >* Is compliance given the personnel and resources necessary to fully >cover the entity's needs? > >"Far too often," Ceresney said, "the answer to these questions is no, >and >the absence of real compliance involvement in company deliberations can >lead >to compliance lapses, which, in turn, result in enforcement issues." >(our >emphasis) >What Caldwell and Ceresney said last week doesn't equal a compliance >defense >for the FCPA. Congress hasn't changed the law, and courts haven't >reinterpreted it. There's still no formal way for a defendant to plead >a >compliance defense under the FCPA, and respondeat superior (in all its >unfairness ><http://www.fcpablog.com/blog/2008/11/24/in-the-masters-defense.html> ><http://www.fcpablog.com/blog/2008/11/24/in-the-masters-defense.html> ) >is >still alive and well. >Yet what the enforcement top guns said last week will have an impact. >They >spoke publicly. They used plain English. They were specific in >describing >what the DOJ and SEC expect to see or not see when evaluating whether >to >bring an enforcement action. >In house lawyers and outside counsel can measure the company's behavior >against those words, and argue why an enforcement action isn't >warranted. >Public accountability of the DOJ and SEC and how they make decisions to >bring FCPA enforcement actions just increased. >Beyond that, Caldwell and Ceresney last week gave companies more >reasons to >have strong compliance programs. And they gave compliance officers more >tools to work with, and more authority. Those are the same objectives >of a >compliance defense. >Last week was a good one for the compliance profession. >- See more at: >http://www.fcpablog.com/blog/2015/11/11/feds-as-thought-leaders-a-back-door- >compliance-defense-takes.html#sthash.vw9uPoS1.dpuf > > >- >---------------------------------------------------------------- > >This message is from the IEEE Product Safety Engineering Society >emc-pstc >discussion list. To post a message to the list, send your e-mail to ><emc-p...@ieee.org> > >All emc-pstc postings are archived and searchable on the web at: >http://www.ieee-pses.org/emc-pstc.html > >Attachments are not permitted but the IEEE PSES Online Communities site >at >http://product-compliance.oc.ieee.org/ can be used for graphics (in >well-used formats), large files, etc. > >Website: http://www.ieee-pses.org/ >Instructions: http://www.ieee-pses.org/list.html (including how to >unsubscribe) <http://www.ieee-pses.org/list.html> ><http://www.ieee-pses.org/list.html> >List rules: http://www.ieee-pses.org/listrules.html > >For help, send mail to the list administrators: >Scott Douglas <sdoug...@ieee.org> >Mike Cantwell <mcantw...@ieee.org> > >For policy questions, send mail to: >Jim Bacher <j.bac...@ieee.org> >David Heald <dhe...@gmail.com> > >- >---------------------------------------------------------------- > >This message is from the IEEE Product Safety Engineering Society >emc-pstc >discussion list. To post a message to the list, send your e-mail to ><emc-p...@ieee.org> > >All emc-pstc postings are archived and searchable on the web at: >http://www.ieee-pses.org/emc-pstc.html > >Attachments are not permitted but the IEEE PSES Online Communities site >at >http://product-compliance.oc.ieee.org/ can be used for graphics (in >well-used formats), large files, etc. > >Website: http://www.ieee-pses.org/ >Instructions: http://www.ieee-pses.org/list.html (including how to >unsubscribe) <http://www.ieee-pses.org/list.html> >List rules: http://www.ieee-pses.org/listrules.html > >For help, send mail to the list administrators: >Scott Douglas <sdoug...@ieee.org> >Mike Cantwell <mcantw...@ieee.org> > >For policy questions, send mail to: >Jim Bacher <j.bac...@ieee.org> >David Heald <dhe...@gmail.com> > > >- >---------------------------------------------------------------- >This message is from the IEEE Product Safety Engineering Society >emc-pstc discussion list. To post a message to the list, send your >e-mail to <emc-p...@ieee.org> > >All emc-pstc postings are archived and searchable on the web at: >http://www.ieee-pses.org/emc-pstc.html > >Attachments are not permitted but the IEEE PSES Online Communities site >at http://product-compliance.oc.ieee.org/ can be used for graphics (in >well-used formats), large files, etc. > >Website: http://www.ieee-pses.org/ >Instructions: http://www.ieee-pses.org/list.html (including how to >unsubscribe) >List rules: http://www.ieee-pses.org/listrules.html > >For help, send mail to the list administrators: >Scott Douglas <sdoug...@ieee.org> >Mike Cantwell <mcantw...@ieee.org> > >For policy questions, send mail to: >Jim Bacher: <j.bac...@ieee.org> >David Heald: <dhe...@gmail.com> -- Sent from my Android phone with K-9 Mail. Please excuse my brevity. - ---------------------------------------------------------------- This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. To post a message to the list, send your e-mail to <emc-p...@ieee.org> All emc-pstc postings are archived and searchable on the web at: http://www.ieee-pses.org/emc-pstc.html Attachments are not permitted but the IEEE PSES Online Communities site at http://product-compliance.oc.ieee.org/ can be used for graphics (in well-used formats), large files, etc. Website: http://www.ieee-pses.org/ Instructions: http://www.ieee-pses.org/list.html (including how to unsubscribe) List rules: http://www.ieee-pses.org/listrules.html For help, send mail to the list administrators: Scott Douglas <sdoug...@ieee.org> Mike Cantwell <mcantw...@ieee.org> For policy questions, send mail to: Jim Bacher: <j.bac...@ieee.org> David Heald: <dhe...@gmail.com>
