The compliance function in banking: Perspective and future in the age of globalization

A Work Project, presented as part of the requirements for the Award of a Masters Degree in Management from the NOVA – School of Business and Economics

Equality, reasonableness and gender in the process of constitutionalization and internationalization of law

The themes of this paper are equality, reasonableness and gender rights in the dynamics of two sequential and convergent processes: the constitutionalization of judicial law, and the internationalization of constitutional law. The thesis of this paper is that in the face of non-compliance of the obligation to regulate, guarantee and protect gender rights, the best option has been to strengthen judicial law, which has enabled the development of rules for protection, the adoption of contemporary methods of interpretation and adjudication of the law, as well as the resolution of shortfalls in protection based on said processes of the constitutionalization and internationalization of local law.

IS capabilities for supporting post crisis regulatory compliance

The financial crisis of 2007-2009, has precipitated large scale regulatory change. Financial organizations are faced with implementing new regulations of considerable breadth and depth. Firms are faced with engaging in complex and costly change management programs at a time when profits are diminished. Furthermore, investors are becoming increasingly focused on compliance are seeking to ensure that organizations can demonstrate robust compliance practices as part of their due diligence process .The role of IS in underpinning stable, is paramount. IS allows the stable and consistent controls for meeting regulations in order to ensure long term effective compliance. Consequently, our study explores the IS capabilities which support the post crisis regulatory landscape. We identify eight key capabilities: Managing Internal Controls, Measuring Monitoring and Reporting Transactions, IS Development and Procurement, Managing Third Parties, Sharing and Selecting Best Practice, IS Leadership, Data Management and Enabling Cultural Change.

The role of rules-based compliance systems in the new EU regulatory landscape: perspectives of institutional change and agency

The financial crisis of 2007-2009 and the subsequent reaction of the G20 have created a new global regulatory landscape. Within the EU, change of regulatory institutions is ongoing. The research objective of this study is to understand how institutional changes to the EU regulatory landscape may affect corresponding institutionalized operational practices within financial organizations and to understand the role of agency within this process. Our motivation is to provide insight into these changes from an operational management perspective, as well as to test Thelen and Mahoney?s (2010) modes of institutional change. Consequently, the study researched implementations of an Investment Management System with a rules-based compliance module within financial organizations. The research consulted compliance and risk managers, as well as systems experts. The study suggests that prescriptive regulations are likely to create isomorphic configurations of rules-based compliance systems, which consequently will enable the institutionalization of associated compliance practices. The study reveals the ability of some agents within financial organizations to control the impact of regulatory institutions, not directly, but through the systems and processes they adopt to meet requirements. Furthermore, the research highlights the boundaries and relationships between each mode of change as future avenues of research.

Jersey milk suitability for Cheddar cheese production: process, yield, quality and financial impacts

The aim of this study was to first evaluate the benefits of including Jersey milk into Holstein-Friesian milk on the Cheddar cheese making process and secondly, using the data gathered, identify the effects and relative importance of a wide range of milk components on milk coagulation properties and the cheese making process. Blending Jersey and Holstein-Friesian milk led to quadratic trends on the size of casein micelle and fat globule and on coagulation properties. However this was not found to affect the cheese making process. Including Jersey milk was found, on a pilot scale, to increase cheese yield (up to + 35 %) but it did not affect cheese quality, which was defined as compliance with the legal requirements of cheese composition, cheese texture, colour and grading scores. Profitability increased linearly with the inclusion of Jersey milk (up to 11.18 p£ L-1 of milk). The commercial trials supported the pilot plant findings, demonstrating that including Jersey milk increased cheese yield without having a negative impact on cheese quality, despite the inherent challenges of scaling up such a process commercially. The successful use of a large array of milk components to model the cheese making process challenged the commonly accepted view that fat, protein and casein content and protein to fat ratio are the main contributors to the cheese making process as other components such as the size of casein micelle and fat globule were found to also play a key role with small casein micelle and large fat globule reducing coagulation time, improving curd firmness, fat recovery and influencing cheese moisture and fat content. The findings of this thesis indicated that milk suitability for Cheddar making could be improved by the inclusion of Jersey milk and that more compositional factors need to be taken into account when judging milk suitability.

Understanding educational process in leadership development

This thesis is a case study of educational process in the leadership development program of the Australian Defence Force Academy. The intention is to determine the relative emphasis in educational process on the conventional command and managerial compliance (Type A) style and the emergent contingent and creative (Type B) style of leadership. The Type A style is theorised as emphasizing hierarchy and control, whereas the emphasis in a Type B style is on adaptive and entrepreneurial behaviour. This study looks at the learning process in a cultural and structural context rather than focus on curriculum and instructional design. Research in this wider context is intended to enable development processes to successfully bridge a gap between theory and practice, implicit in studies that identify theories 'in-operation' as different from the theories 'espoused' (Argyris 1992, Savage 1996). In terms of espoused and in-use theory, the study seeks to produce a valid and reliable result to the question: what is the relative emphasis on the two leadership styles in the operation of the three educational mechanisms of curriculum, pedagogy (teaching practice) and assessment? The quantitative analysis of results (n = 114) draws attention to both leadership styles in terms of two and three-way relationships of style, cadet or work group and service type. The data shows that both Type A and Type B leadership styles are evident in the general conversation of the organisation. This trend is present as espoused theory in the curriculum of the Defence Academy. However, the data also confirm a clear and strong emphasis towards command and managerial compliance as theory-in-use, particularly by cadets. This emphasis is noticeably evident in the teaching and assessment practice of the Defence Academy. Other research outcomes include the observation that: Contextually, while studies show it is difficult to isolate skills from their cultural and biographical context (Watkins, 1991:15), this study suggests that it is equally difficult to isolate skills development from this context. There is a strong task or instrumental link identified by cadet responses in terms of content and development process at the Defence Academy, in contrast to the wider developmental emphasis in general literature and senior officer interviews. There is a lack of awareness of teaching strategies and development activity consistent with espoused Type B leadership theory and curriculum content. This gap is compounded by the use in the Defence Academy of personnel without teaching expertise or suitable developmental experience. The socialisation of cadets into the military workplace is the primary purpose of training. This purpose appears taken for granted by all concerned - staff, cadets and senior officers. Defence Academy development processes appear to be faced with a dilemma. Arguably, training and learning from experience are limited approaches to development. Training, which involves learning by replication, and learning from experience, which is largely imitative, are both of little use when people are faced with novel and ambiguous situations. This study suggests that in order to support the development of capabilities that go beyond training based competence a learning and development approach is needed. This more expansive approach requires educational planners to consider the cultural and social context that can inadvertently promote the status quo in practice over espoused outcomes.

Regulation of motor vehicle advertising: toward a framework for compliance research

There is concern that certain content within some motor vehicle television advertising may negatively influence the driving attitudes and behaviours of viewers, particularly young people, and hence have a negative impact on road safety. In recognition of this concern, many developed countries have adopted a self-regulatory approach to motor vehicle advertising. The basic elements of self-regulation are a code of practice or guiding principles governing advertising content and the establishment of a process for hearing and adjudicating complaints about alleged breaches of that code. However, as in other areas, the effectiveness of self-regulation is being questioned in that many motor vehicle advertisements in Australia and elsewhere appear non-compliant with self-regulatory codes. Applying lessons from studies of alcohol advertising, this paper first reviews the research assessing the content of motor vehicle advertising. A suggested research framework is then proposed to inform the development of motor vehicle advertising regulatory codes where they do not exist, and to better monitor compliance with codes where they do exist. The research framework suggested includes expert content analysis of ads, the impact of advertising on risk-taking cognitions and decisions in computer-simulated traffic situations, and assessing audience perceptions of, and reactions to, messages in advertisements mapped against regulatory code content. An example of audience reaction research is also presented.

Turnaround de empresas com problemas de compliance - o caso Siemens

It is very relevant, for academic or for society purposes as a whole the subject "corruption", a recurring problem that plagues companies and Governments in various parts of the world. Many recent cases draw attention to this topic, but one in particular, the case of corruption of the company Siemens AG, that resulted in the payment of the largest fines in the history on your model, based on the terms of the FCPA since it became law in 1977. This event caters specifically to the objective of this work which is to make an analysis based on agency theory and the codes of good practices of corporate governance on how large companies revising their corporate management systems and practices aiming at the recovery of its institutional image after significant impact on the company, such as the corruption scandal in which Siemens was involved. For this study, we opted for qualitative research as a methodological path contemplating the single case study. In the process of data collection were used data obtained through documentary research about the corruption scandal on public collection available in the internet. Open conversations were made with 3 compliance Department officials of Siemens for the purposes of understanding the case with. At the end of this work, it was observed in the Siemens turnaround process a correlation between what was proposed by the Agency Theory about internal control Systems based on what was accomplished by the company when promoted an extensive restructuring of the Department of compliance and corporate governance system, the improvement of internal controls, as well as the creation of detection tools , control, analysis and prevention of fraud, which were used to minimize the effects generated by the conflict of interest covered by the theory of Agency. KEY WORDS: Corporate Governance; Compliance; Corruption; Turnaround, Agency Theory

Education for type 2 diabetes mellitus self-care: from compliance to empowerment

Em revisão crítica da literatura sobre a educação para o autocuidado e autocontrole no diabetes, procura-se apontar a inadequação das abordagens tradicionais da aderência ao tratamento e da transmissão de informações frente à complexidade do autocuidado em condições de cronicidade. Explora-se a influência das Ciências Sociais sobre o campo de estudo das doenças crônico-degenerativas, em geral, e do diabetes, em particular. Nesta perspectiva, pode-se reconhecer uma incorporação dos campos disciplinares da Antropologia e Sociologia em pesquisas mais orientadas para o indivíduo, em sua condição de portador, e a experiência que desenvolve nesse processo. Há certa inflexão, mais recente, no campo de pesquisas em educação em saúde no diabetes, com a introdução de estratégias que buscam valorizar a experiência e a autonomia dos pacientes como sujeitos de seu cuidado. Neste artigo, discute-se a estratégia do empoderamento na educação para o autocuidado e autocontrole no diabetes, como uma modalidade de prática de natureza mais dialógica e de maior respeito à autonomia moral e cognitiva do portador.

[Integration process and organ-related fantasies in patients undergoing organ transplantation]

This review deals with an important aspect of organ transplantation, namely the process of psychic organ integration and organ-related fantasies. The body schema and body self are two important concepts in the integration of a transplanted organ. Different models and theories on organ integration are presented and will be discussed. There is evidence that beside the emotional impact and the influence on well-being, organ integration depends closely on psychic processes involving in the incorporation of the transplanted organ and the respective organ-related fantasies. Therefore, these organ fantasies - whether unconscious or conscious - may play an important role in the future development of the instinctive and highly individual relation the patients elaborate with the new organ. Beside the concern with the new organ, a bereavement to the lost old and sick organ may also influence the patients thoughts. Moreover, the good resolving of all these issues evokes the "good practice" patients develop towards the new situation. This will bring up issues as compliance, infections, rejection episodes and - most important - also organ survival.

Assimilation of Compliance Software in Highly Regulated Industries: An Empirical Multitheoretical Investigation

In this paper we follow a theory-based approach to study the assimilation of compliance software in highly regulated multinational enterprises. These relatively new software products support the automation of controls which are associated with mandatory compliance requirements. We use institutional and success factor theories to explain the assimilation of compliance software. A framework for analyzing the assimilation of Access Control Systems (ACS), a special type of compliance software, is developed and used to reflect the experiences obtained in four in-depth case studies. One result is that coercive, mimetic, and normative pressures significantly effect ACS assimilation. On the other hand, quality aspects have only a moderate impact at the beginning of the assimilation process, in later phases the impact may increase if performance and improvement objectives become more relevant. In addition, it turns out that position of the enterprises and compatibility heavily influence the assimilation process.

A process evaluation of the childhood lead poisoning prevention program in Houston, Texas, 1992--1995

A process evaluation of the Houston Childhood Lead Poisoning Prevention Program, 1992-1995, was conducted. The Program's goal is to reduce lead poisoning prevalence. The study proposed to determine to what extent the Program was implemented as planned by measuring how well Program services were actually: (1) received by the intended target population; (2) delivered to children with elevated blood lead levels; (3) delivered in compliance with the Centers for Disease Control and Prevention and Program guidelines and timetables; and (4) able to reduce lead poisoning prevalence among those rescreened. Utilizing a program monitoring design, the Program's pre-collected computer records were reviewed. The study sample consisted of 820 children whose blood lead levels were above 15 micrograms per deciLiter, representing approximately 2.9% of the 28,406 screened over this period. Three blood lead levels from each participant were examined: the initial elevated result; the confirmatory result; and the next rescreen result, after the elevated confirmatory level. Results showed that the Program screened approximately 18% (28,406 of 161,569) of Houston's children under age 6 years for lead poisoning. Based on Chi-square tests of significance, results also showed that lead-poisoned participants were more likely to be younger than 3 years, male and Hispanic, compared to those not lead poisoned. The age, gender and ethnic differences observed were statistically significant (p =.01, p =.00, p =.00). Four of the six Program services: medical evaluations, rescreening, environmental inspections and confirmation, had satisfactory delivery completion rates of 71%-98%. Delivery timetable compliance rates for three of the six services examined: outreach contacts, home visits and environmental inspections were below 32%. However, dangerously elevated blood lead levels fell and lead poisoning prevalence dropped from 3.3% at initial screening to 1.2% among those rescreened, after intervention. From a public health perspective, reductions in lead poisoning prevalence are very meaningful. Based on these findings, the following are recommendations for future research: (1) integrate Program database files by utilizing a computer database management program; (2) target services at Hispanic male children under age 3 years living in the highest risk neighborhoods; (3) increase resources to: improve tracking and documentation of service delivery and provide more non-medical case management and environmental services; and (4) share the evaluation methodology/findings with the Centers for Disease Control and Prevention administrators; the implications may be relevant to other program managers conducting such assessments. ^

Process and outcome evaluation of the hepatitis B perinatal vaccination program in Houston, Texas, 1991--1993

A retrospective cohort study was designed to evaluate the compliance of vaccination dose schedules and vaccination effectiveness at 12 months of age among a total of 226 high-risk infants born to HBsAg-positive pregnant women who participated in the HBV Perinatal Vaccination Program in Houston, Texas, 1991-1993.^ The seroprevalence of HBsAg-positivity was 0.5% among pregnant women who attended prenatal clinics in Houston, Texas, 1991-1993. The Asian women had the highest seroprevalence rate (5.9%), followed by black (1.9%), white (0.7%), and Hispanic women (0.3%). The seroprevalence of HBsAg increased with age (p =.02); the highest seroprevalence rate found among the $>$40 group (5.4%), followed by the 20-40 age group, and the $<$20 age. A steady increase was observed in the number of infants, from 45 in 1991, to 103 in 1993. The majority of these infants were black (58.0%), followed by Hispanic (28.8%), Asian (8.4%), and white infants (4.0%). Significant increases were observed from 1991 to 1993 in the number of infants who initiated vaccination (86.7% to 98.1%, p =.02) and in those infants who were post-tested at 12 months of age (24.4% to 44.7%, p =.04). During the same period an increase was also observed in the number of infants who completed the vaccination dose schedules (62.2% to 72.8%, p =.37). The compliance rates were not statistically significant regarding gender, race or ethnicity, health service area, medical referral source, and residential geographic areas. About 56.0% of the reasons cited for non-compliance among the 144 infants who neither completed the vaccination dose schedules nor received the 12-month post-test were "moved," and "no response/not at home." A total of 82 infants completed the vaccination dose schedules and were post-tested at 12 months of age for anti-HBs-positivity, and 96.3% of these infants seroconverted. A race-specific statistically significant seroconversion difference was found among infants who received all vaccination doses and were post-tested at 12 months of age (100% for the black and the white, 96.3% for the Hispanic, and 80.0% for the Asians infants, p =.05).^ From a public health perspective, the HBV Perinatal Vaccination Program improved during its first three years (1991-1993). It was effective in preventing perinatal HBV infection in almost 97.0% of infants who were vaccinated and post-tested. To increase the efficiency and efficacy of the program, the following recommendations are proposed: (1) Increase the vaccination compliance rate by educating and improving the tracking, communication and coordination channels with those individuals involved in the process and by increasing staff resources. (2) Reduce the post-test vaccination non-compliance by post-testing infants simultaneously with third vaccination dose at 6 months of age, and only post-test those infants who are anti-HBs-negative at 9-12 months of age. (Abstract shortened by UMI.) ^

Environmental risk assessment in open pit blasting operations: compliance with ISO 31010:2010

All activities of an organization involve risks that should be managed. The risk management process aids decision making by taking account of uncertainty and the possibility of future events or circumstances (intended or unintended) and their effects on agreed objectives. With that idea, new ISO Standard has been drawn up. ISO 31010 has been recently issued which provides a structured process that identifies how objectives may be affected, and analyses the risk in term of consequences and their probabilities before deciding on whether further treatment is required. In this lecture, that ISO Standard has been adapted to Open Pit Blasting Operations, focusing in Environmental effects which can be managed properly. Technique used is Fault Tree Analysis (FTA), which is applied in all possible scenarios, providing to Blasting Professionals the tools to identify, analyze and manage environmental effects in blasting operations. Also this lecture can help to minimize each effect, studying each case. This paper also can be useful to Project Managers and Occupational Health and Safety Departments (OH&S) because blasting operations can be evaluated and compared one to each other to determine the risks that should be managed in different case studies. The environmental effects studied are: ground vibrations, flyrock and air overpressure (airblast). Sometimes, blasting operations are carried out near populated areas where environmental effects may impose several limitations on the use of explosives. In those cases, where these factors approach certain limits, National Standards and Regulations have to be applied.