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What’s At Risk?




                                             Going Global
                                                Supply Chain Risk in a Global Economy

                                                                  By Patricia Kagerer




                                             “S
                                                      upply chain” refers to   pany has a supply chain. The complexity
                                                      the flow of goods and    depends on the organization’s size and the
                                                      services that enable     type of product they produce or service
                                                      a firm to assemble       they deliver. The global economy has cre-
                                                      and deliver products     ated global supply chains and they are
                                              to its customers. Every com-     influenced by political risk, “just-in-time”
                                                                               inventory, lean production techniques and
                                                                               single-source suppliers.

                                                                                          2011 will be remembered for
                                                                                                     natural disasters,
                                                                                                          including the




   52 | LitigationManagement | winter 2012


LM_Winter 2012.indd 52                                                                                             11/14/11 9:21 AM
devastating earthquake in Japan,               Insurance Protection                                              unloaded within a few hours.” With
   tornadoes and storms creating hav-                                                                               the increase in shipments and the fast
   oc on the southern United States,              When negotiating the purchase of insurance to protect             turnaround, it has become impossible
   an earthquake in Washington D.C.,              your company from supply chain risks, Leslie Levy August,         for customs agents to inspect all ship-
                                                  secretary general of Trade Bridge International recom-
   floods in New Jersey and wild fires                                                                              ments at the border.
                                                  mends you know or find the answer to these questions:
   across Texas. Each disaster potentially
   creates a delay in the supply chain.           1.	 How are your import and export cargoes and/or dis-            For a business, failing to provide satis-
   Never before has one nation’s econ-                tributed goods insured currently?                             factory compliance records will result
   omy been so tied to another. When a                                                                              in delayed shipments and serious
                                                  2.	 Do you use a forwarder, logistics company or trans-
   Japanese supplier cannot export mate-              portation carrier to help manage goods in the supply          disruption in the supply chain. This
   rials, it becomes a threat to production           chain?                                                        will negatively affect financial per-
   lines around the world.                                                                                          formance indicators such as days in
                                                  3.	 What are the goods and their approximate value in             inventory, day sales outstanding and
                                                      the supply chain on an annual basis?
   Risk managers must realize that supply                                                                           cash flow. The business will also have
   chain risks are not limited to product,        4.	 What is the geographic scope of the supply chain?             to endure in depth customs audits
   business income and operating expens-                                                                            during which customs officers will
   es on premises and in the building.            5.	 How are the goods packed?                                     inspect each step of the audit trail dis-
   Properly allocated and funded prop-            6.	 What are your terms of sale and/or your purchase              rupting day-to-day business opera-
   erty insurance transfers most of the risk          terms?                                                        tions. Errors uncovered during these
   on this type of loss. The risk manager                                                                           audits will yield heavy financial pen-
   must expand the definition and scope           7.	 If you sell your goods on cost-and-freight terms, do          alties and a customs debt.
                                                      you have insurance if title to the goods does not trans-
   of business interruption exposures to
                                                      fer to the buyer?
   include the supply chain by reviewing                                                                            Ultimately, customs risk will have
   income streams, processes and vendors          8.	 If you purchase goods on cost, insurance and freight          an impact on shareholders value.
   to determine the true business interrup-           terms, do you have contingency insurance that fully           Customs and finance reporting need
   tion exposure. According to risk man-              protects your interests as a buyer?                           to receive the same level of atten-
   agement consultant William Austin,             9.	 Do you have any of these exposures in your supply             tion. Truel explains, “All companies
   with the firm Austin & Stanovich Risk              chain: storage/warehouse exposure, consolidation              carefully prepare and check their
   Managers LLC, “It is entirely pos-                 exposure, staging exposure, processing exposure,              tax returns. Only a few check their
   sible that the most significant business           fulfillment exposure?                                         import or export declarations with
   income exposure to an organization is                                                                            the same scrutiny. Yet they have simi-
                                                  10.	If your goods are insured by you, under a policy in
   not related at all to its premises, but that       your name, what are the coverage terms? Are any               lar consequences for error.”
   of a key supplier, key customer, adja-             supply chain exposures not covered?
   cent building or even key object such as                                                                        Managing customs risk is often seen
   bridge or roadway.                                                                                              as a cost center, but it is also a source
                                                       selling book, A Short Guide to Customs               of competitive advantage. A sound customs
   “The risk management professional must              Risks, explains that the world of customs has        management process can reduce or remove
   think in terms of contingent exposures: What        evolved and changed over the years due to            customs duties, generate savings and gener-
   can happen elsewhere to disrupt operations          the development of the global economy. The           ally improve cash flow using the many proce-
   at any of my organization’s locations? The risk     World Customs Organization (WCO) rep-                dures available to the compliant trade.
   manager’s exposure analysis cannot be lim-          resents worldwide customs agencies and has
   ited to physical items, and must include the        designed instruments and procedure code              Organizations must become familiar with
   soft side of the organization’s services such       that apply to organizations worldwide. The           exposure from global supply chain and
   as call centers, technical support and order        purpose of the WCO is to create uniformity,          ensure that they have compliance proce-
   processing. It is also possible that the most       simplification and harmonization of customs          dures and a well thought out risk strategy
   significant exposure to business interruption       procedures and adhere to standards to secure         in place. This creates a need for a com-
   may not be insurable due to event (strike),         and facilitate global trade.                         prehensive self-audit system to minimize
   peril (earthquake) or affordability (cost).”                                                             variation and avoid large penalties from
                                                       Truel states that, “due to the increase in           a long, drawn-out customs audit. Finally,
   While world events may have a direct impact         goods shipped around the world, customs              having someone in the C-Suite account-
   on the supply chain, an unexpected and often        agents do not have the man power to con-             able for supply chain management com-
   overlooked critical process in the supply           tinue performing inspections at the bor-             pliance is critical. LM
   chain risk management deals with customs            der. Containers used to take three days to
   and trade compliance in a global economy.           unload giving customs agents’ ample time             Patricia Kagerer is the Vice President of Risk and
   Catherine Truel, founder of the International       for an inspection. Thanks to technology and          Safety Management for CF Jordan Construction, a
   Trade Instrument Ltd and author of the best         process improvement containers are now               Texas-based construction company.



                                                                                                                                 LitigationManagement | 53


LM_Winter 2012.indd 53                                                                                                                              11/14/11 9:21 AM

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Risks At Stake In Global Supply Chains

  • 1. What’s At Risk? Going Global Supply Chain Risk in a Global Economy By Patricia Kagerer “S upply chain” refers to pany has a supply chain. The complexity the flow of goods and depends on the organization’s size and the services that enable type of product they produce or service a firm to assemble they deliver. The global economy has cre- and deliver products ated global supply chains and they are to its customers. Every com- influenced by political risk, “just-in-time” inventory, lean production techniques and single-source suppliers. 2011 will be remembered for natural disasters, including the 52 | LitigationManagement | winter 2012 LM_Winter 2012.indd 52 11/14/11 9:21 AM
  • 2. devastating earthquake in Japan, Insurance Protection unloaded within a few hours.” With tornadoes and storms creating hav- the increase in shipments and the fast oc on the southern United States, When negotiating the purchase of insurance to protect turnaround, it has become impossible an earthquake in Washington D.C., your company from supply chain risks, Leslie Levy August, for customs agents to inspect all ship- secretary general of Trade Bridge International recom- floods in New Jersey and wild fires ments at the border. mends you know or find the answer to these questions: across Texas. Each disaster potentially creates a delay in the supply chain. 1. How are your import and export cargoes and/or dis- For a business, failing to provide satis- Never before has one nation’s econ- tributed goods insured currently? factory compliance records will result omy been so tied to another. When a in delayed shipments and serious 2. Do you use a forwarder, logistics company or trans- Japanese supplier cannot export mate- portation carrier to help manage goods in the supply disruption in the supply chain. This rials, it becomes a threat to production chain? will negatively affect financial per- lines around the world. formance indicators such as days in 3. What are the goods and their approximate value in inventory, day sales outstanding and the supply chain on an annual basis? Risk managers must realize that supply cash flow. The business will also have chain risks are not limited to product, 4. What is the geographic scope of the supply chain? to endure in depth customs audits business income and operating expens- during which customs officers will es on premises and in the building. 5. How are the goods packed? inspect each step of the audit trail dis- Properly allocated and funded prop- 6. What are your terms of sale and/or your purchase rupting day-to-day business opera- erty insurance transfers most of the risk terms? tions. Errors uncovered during these on this type of loss. The risk manager audits will yield heavy financial pen- must expand the definition and scope 7. If you sell your goods on cost-and-freight terms, do alties and a customs debt. you have insurance if title to the goods does not trans- of business interruption exposures to fer to the buyer? include the supply chain by reviewing Ultimately, customs risk will have income streams, processes and vendors 8. If you purchase goods on cost, insurance and freight an impact on shareholders value. to determine the true business interrup- terms, do you have contingency insurance that fully Customs and finance reporting need tion exposure. According to risk man- protects your interests as a buyer? to receive the same level of atten- agement consultant William Austin, 9. Do you have any of these exposures in your supply tion. Truel explains, “All companies with the firm Austin & Stanovich Risk chain: storage/warehouse exposure, consolidation carefully prepare and check their Managers LLC, “It is entirely pos- exposure, staging exposure, processing exposure, tax returns. Only a few check their sible that the most significant business fulfillment exposure? import or export declarations with income exposure to an organization is the same scrutiny. Yet they have simi- 10. If your goods are insured by you, under a policy in not related at all to its premises, but that your name, what are the coverage terms? Are any lar consequences for error.” of a key supplier, key customer, adja- supply chain exposures not covered? cent building or even key object such as Managing customs risk is often seen bridge or roadway. as a cost center, but it is also a source selling book, A Short Guide to Customs of competitive advantage. A sound customs “The risk management professional must Risks, explains that the world of customs has management process can reduce or remove think in terms of contingent exposures: What evolved and changed over the years due to customs duties, generate savings and gener- can happen elsewhere to disrupt operations the development of the global economy. The ally improve cash flow using the many proce- at any of my organization’s locations? The risk World Customs Organization (WCO) rep- dures available to the compliant trade. manager’s exposure analysis cannot be lim- resents worldwide customs agencies and has ited to physical items, and must include the designed instruments and procedure code Organizations must become familiar with soft side of the organization’s services such that apply to organizations worldwide. The exposure from global supply chain and as call centers, technical support and order purpose of the WCO is to create uniformity, ensure that they have compliance proce- processing. It is also possible that the most simplification and harmonization of customs dures and a well thought out risk strategy significant exposure to business interruption procedures and adhere to standards to secure in place. This creates a need for a com- may not be insurable due to event (strike), and facilitate global trade. prehensive self-audit system to minimize peril (earthquake) or affordability (cost).” variation and avoid large penalties from Truel states that, “due to the increase in a long, drawn-out customs audit. Finally, While world events may have a direct impact goods shipped around the world, customs having someone in the C-Suite account- on the supply chain, an unexpected and often agents do not have the man power to con- able for supply chain management com- overlooked critical process in the supply tinue performing inspections at the bor- pliance is critical. LM chain risk management deals with customs der. Containers used to take three days to and trade compliance in a global economy. unload giving customs agents’ ample time Patricia Kagerer is the Vice President of Risk and Catherine Truel, founder of the International for an inspection. Thanks to technology and Safety Management for CF Jordan Construction, a Trade Instrument Ltd and author of the best process improvement containers are now Texas-based construction company. LitigationManagement | 53 LM_Winter 2012.indd 53 11/14/11 9:21 AM