Global Compliance & Complex Markets
We help companies navigate
through the jungle of new laws and regulations.
The balance of integrity and business reality.
It is no longer sufficient to focus on national and regional compliance. As domestic laws increasingly conflict with regional and international regulation, companies are squeezed into tough dilemmas where solutions do not always come easy.
We bring together a unique team of legal and compliance expertise to offer your company an approach to compliance that is global and relevant. We don’t shy away from the most difficult topics.
Enact possesses extensive expertise in guiding clients through the intricacies of balancing human rights considerations and business realities in complex markets. Presence in or business relationships with actors in complex markets can pose challenges to the Human Rights Due Diligence (HRDD) process, diminish transparency in the value chain, and negatively impact business relationships.
Due diligence is essential for ensuring trust, transparency,
and a corner stone for sustainable business.
Our services in Global Compliance & Complex Markets
Global compliance
Companies have to comply with international, domestic and regional regulation. When the requirements collide or come into conflict, solutions cannot be found within contracts or legal advice based on merely one legal perspective. Particular challenges arise when a company has made lofty commitments to respect sustainability standards based on international UN and EU regulation, and this is not fully aligned with local regulation for example in Asia.
To ask these questions is necessary for a company operating in a global marketplace where investors and other stakeholders expect companies, their advisors, lawyers and compliance teams to be able to satisfy requirement at all levels; domestic, regional and international.
Enacts global compliance team brings together decades of experience in discretely and sensitively supporting individual clients to manage these scenarios. Together we possess a wealth of knowledge. We know that perfect solutions are not easy to find, there is no silver bullet and it is rarely black or white. But we also know that each situation has more than one solution. Taking one step in the right direction is often better than turning a blind eye to a situation because it is uncomfortable.
- Heightened due diligence
When you operate in, or your supplier or customer operates in markets with different cultural or legal contexts and where the human rights situation is challenged, you need to demonstrate heightened DD. We help you understand the situation, present options for a solution and explain the consequences of each solution.
- Situations of conflict (IHL)
When there is armed conflict, whether international or domestic, specific rules apply. International humanitarian law places obligations on companies to not contribute to the conflict, or exacerbate the situation. Heightened DD is particularly relevant in situations of conflict.
- Enhanced Customer or Supplier Assessment.
We help you understand your business partner, and what expectations you may place upon them to respect human rights and the environment. Checking sanction lists, media records and ownership is no longer enough. We can also supplement your KyC assessment – Know your Customer – but from a human rights perspective.
- Responsible entrance, presence and exit (conflicting requirements)
Compliance with domestic regulation is not enough. When companies operate in countries where domestic standards are simply “lower” than international standards, they can select to go beyond. A particular challenge arises when a government or State enforces laws that are in conflict with international human rights standards. The question then arises of how to act responsibly in relation to international human rights standards as well as with respect to the local stakeholders you do business with.
- Sensitive and safe engagement
In some markets, unions, civil society and freedom of expression are restricted and sometimes even illegal to some degree. To operate with respect to your company commitments and EU regulation may be very challenging. Engaging with stakeholders need to be carefully thought through to not pose risk – and to create for a sensitive and safe dialogue. By anchoring with local contacts and the right cultural sensitivity, you stand a bigger chance of success in reaching a mutual understanding on difficult topics.
Complex markets
Most markets are inherently complex,
When we use the term, howeveer, we are specifically referring to markets where conducting business predictably and with integrity is exceptionally challenging. This often stems from a myriad of opaque expectations and requirements, corruption, a lack of democratic governance combined with limited accountability, and systemic disrespect for individual rights.
Global companies operating in such markets frequently encounter practical dilemmas, needing to adapt their business practices to align with diverse and sometimes conflicting agendas, needs, and interests.
Our global team dedicates time and resources to discreetly support you in navigating these challenges. Although perfect outcomes cannot be guaranteed, we are committed to providing top-class, practical guidance grounded in global frameworks and extensive experience from similar situations. Our goal is to help you move confidently in the right direction.
- Managing Value Chains in Complex Markets
Through their own operations and value chains, many companies have a global presence, including in conflict zones, countries with repressive regimes, and regions lacking the rule of law. These challenging environments require resilience and adaptation to shifting geopolitical landscapes. Factors such as regulatory developments, sustainability due diligence, product-specific laws, and import regulations further complicate matters. Our expertise in global value chains, in-depth human rights knowledge, and experience in complex markets can help you refine your processes and strengthen resilience.
- Readiness for Emerging Human Rights Risks
Changes in the global business environment often disproportionately impact the most vulnerable people, particularly in regions where human rights protections are weak. Companies must enhance their preparedness to address these evolving risks. Export controls, anti-corruption initiatives, and anti-money laundering measures frequently intersect with new human rights challenges. We offer support to bolster your readiness and manage these risks effectively.
- Balancing Integrity and Business Realities
Operating in complex markets often presents tangible challenges to Human Rights Due Diligence (HRDD). Efforts to increase transparency and promote respect for human rights can sometimes strain business relationships and even create risks for employees. We assist you in navigating this delicate balance, helping to maintain integrity while meeting business objectives.
Complex markets
Most markets are complex. When we use the term, we mean markets where there are a multitude of expectations, requirements, policy make it complex to operate or do business with predictability and integrity.
Practical dilemmas often confront companies that operate in more than one market, and that need to satisfy stakeholders with different agendas, needs and interests.
In our global team we spend time and effort to discretely support you with an understanding of how to navigate some of these dilemmas. We base our advice on global frameworks, long standing experience of how other companies have done in similar situations. Even if we can’t find perfect solutions, we promise to give you practical advice on how to move in the right direction.
- Heightened due diligence
When you operate in, or your supplier or customer operates in markets with different cultural or legal contexts and where the human rights situation is challenged, you need to demonstrate heightened DD. We help you understand the situation, present options for a solution and explain the consequences of each solution.
- Situations of conflict (IHL)
When there is armed conflict, whether international or domestic, specific rules apply. International humanitarian law places obligations on companies to not contribute to the conflict, or exacerbate the situation. Heightened DD is particularly relevant in situations of conflict.
- Enhanced Customer or Supplier Assessment.
We help you understand your business partner, and what expectations you may place upon them to respect human rights and the environment. Checking sanction lists, media records and ownership is no longer enough. We can also supplement your KyC assessment – Know your Customer – but from a human rights perspective.
- Responsible entrance, presence and exit (conflicting requirements)
Compliance with domestic regulation is not enough. When companies operate in countries where domestic standards are simply “lower” than international standards, they can select to go beyond. A particular challenge arises when a government or State enforces laws that are in conflict with international human rights standards. The question then arises of how to act responsibly in relation to international human rights standards as well as with respect to the local stakeholders you do business with.
- Sensitive and safe engagement
In some markets, unions, civil society and freedom of expression are restricted and sometimes even illegal to some degree. To operate with respect to your company commitments and EU regulation may be very challenging. Engaging with stakeholders need to be carefully thought through to not pose risk – and to create for a sensitive and safe dialogue. By anchoring with local contacts and the right cultural sensitivity, you stand a bigger chance of success in reaching a mutual understanding on difficult topics.
Reach out to get your own tailored solution!
Contact:
+46 8 522 03 450
info@enact.se