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Corporate Environmental Obligation

Unit Title: Communication in Business 100
Assessment: Critical Essay
Company: Cisco
Essay Title: Corporate Environmental Obligation:
An observation of the performance of Cisco
Student name: LIANG QIAN
Student number: 15115070
Semester: Trimester 3A, 2010
Campus: Curtin Singapore
Tutor??™s Name: Patricia Lorenz
Date: December 27, 2010Corporate Environmental Obligation:
An observation of the performance of Cisco
Nowadays, increasingly individuals and publics evaluate the social performance as an important standard of excellent companies. And the social performance of company is illustrated as corporate social responsibility which stands for the organization has higher obligation of stakeholders in business operations (Topal and Ongen 2008, 58-7). The corporate social responsibility is a core business management requirement which is already received by publics as a valuable theory all around the world (Crane, Matten, Spence 2008, 4). The performance of corporate social responsibility is relevant to interactions between organizations and stakeholders, such as communities, employees, and customers (Crowther 2008, 51-3). The corporate social responsibility does not only the aspect of economic, but also the environment aspect which showed as a reputation image standard of organizations (McIntosh et al. 1994, 41). Environmental factors has been taken into an important place when the customer choosing IT products, as well as increasingly IT enterprises focus on reducing contamination of environment (Forrester Consulting, 2009). Cisco is one of the most successful companies in the world which focus on information technology, and Cisco try their best to improve their social performance image through reducing environmental impacts of their products, the core value is ???the right thing to do??? and the corporate social responsibility programs aim to create benefits for their stakeholders, such as communities, customers, and employees (Cisco, n.d). This paper focuses on the social performance of Cisco on environment responsibility, and Cisco??™s strengths and weaknesses have been evaluated which considerably associated with stakeholders??™ rights.
The case for CiscoThe value of sustainable development has been penetrated into the research and development processes, and Cisco takes their environment responsibility into a core status because it is link to the benefits of stakeholders (Hoskisson, Hitt, and Duane 2008, 119). From Cisco??™s newsroom (2010), on December 6, 2010, Cisco and AT&T have been the numbers of the global energy ??“ efficiency project which concentrates on improving the performance of Shell??™s information technology infrastructure. This project focuses on improving energy efficiency and eliminating environment damage for human beings. In this project, several Cisco??™s technologies have been used, such as Cisco??™s Internet Business Solutions Group, Cisco EnergyWise, and Cisco Telepresence. All these technologies contribute to improve performance of Shell??™s information technology infrastructures though the ways of cutting cost, reducing carbon dioxide emissions, and eliminating usage of equipments. With the research results of Shell??™s project in the future, the customer has capability to purchase less energy consuming products. Not only does Cisco meet the needs of customers, but also the community and their employees, all of their stakeholders able to live and work with eco-friendly life style. Cisco pays attention to the environmental protection organization in the world. As showed above, Cisco has been cooperated with AT&T in shell??™s information technology infrastructure (Cisco??™s newsroom 2010). And in the discussion of Cisco??™s newsroom, Cisco vigorously takes part in the activities of environmental protection organizations, such as Clinton Global Initiative program, which concentrates on researching new ways to reduce pollution. Cisco has been cooperated with other business groups and organizations in order to improve their supply chain management which beneficial to create eco-friendly products with less energy assumption, and Cisco concerned about the feedbacks of their environmental protection measures about their stakeholders, such as the local residents and communities, and cooperation organizations (Derickson and Henley 2007, 85-2). From Cisco??™s 2010 CSR Report Highlights (2010), there are numerous measurements have been done by Cisco, Cisco reduces resource consumption in the working areas and processes of their employees, approximately 20,000 employees in Cisco have been encouraged to work at home one or more days each week with Cisco??™s own network. And Cisco tends to reduce the air travel times among employees by on line meeting system called WebEx; WebEx can be used in holding meetings to communicate to partners among 200 cities and 60 countries world widely at the same time. Derickson and Henley (1997, 58) discussed that Cisco creates convenient conditions to employees with commuting work capabilities. And this measurement reduces the usage of vehicles and encourages staffs use public transportation. With the series of measurements of Cisco, employees work with convenient function, customer purchasing lower-price goods than before since coverage of transportation costs, and communities obtain excellent environment and transportation systems. The successful using the information technology has improved the effectiveness and efficiency of organizations, and enhanced workforce and reduced resource consumption (Desmond, October 20, 2010). Forrester Consulting (2009) discussed that with the electronic office equipment using effectively, Cisco has been reduced the usage of paper which has environment benefits. What is more, Cisco develops a system called Connected Workplace which aims to improve the utilization of public areas, for example adequate using of meeting room in free time, which is an interpretation of environmental responsibility. With this theory, every employee shared more spaces which dedicate form public areas. It raises productivity, increases satisfaction of employees, reduces management costs, and cuts the assumption of resources. Using recycle package materials is a significant step to fulfill Cisco??™s environment responsibility. Cisco uses recycle package materials to reduce energy assumption and greenhouse gas emissions (Derickson and Henley 1997, 58). According Cisco (n.d), the packaging principles in production processes can be divided into three steps, they are ???Reduce, Replace, and Remove???. ???Reduce??? means in the packaging processes, as much as possible to decrease the usage of packaging materials, such as paper, plastic, and metal materials, and research shows that Cisco has already eliminated about a billion of sheets of paper in 2008. ???Replace??? stand for compare with normal packaging materials, Cisco prefer eco-friendly materials which easier to recycling. ???Remove??? tends to remove excess materials in the process of packaging, for example, magnets, rubber, and cables. With these three steps, Cisco has saved millions of pack materials until 2009. In the resent report of Cisco, with the proliferation of disposal electronic products, they built a Product Takeback and Recycle systems that aim to eliminate electronic waste which has achieved approximate 50 million tons in the global scope every year. All these recycling activities illustrate the environment responsibility of Cisco to the communities, customers, and employees, which reduce energy assumption.The case against CiscoAlthough the information technology industry has advantages of green and eco-friendly productivity, it consumes much energy and creates more greenhouse gas through carbon-intensive processes (Forrester Consulting, 2009). And in order to get more efficient desired results of information technology, IT based firms; such as Cisco requires setting up more infrastructures in the long term which could be a way of wasting resources. Cisco focuses on eco-friendly productive theory, however, the attribute of developing information technology products decides Cisco has to renew their products regularly with higher resource assumption possibility (Levitt 2007). And Levitt also stated that in the modern society, information technology based products always have higher turnover, especially the hardware appliances. Customers has been encouraged to buy the new products no matter the old ones still working. The following problem is how to deal with the electronic wastes all around world. The Elfrink (August 8, 2008) suggested that information products, for example, one Cisco??™s majority products-the router, the computers of IBM, the network switches of Juniper, all of these products are have short term product period, which create a great deal of electronic waste and show great threats to environment. So the potential damages of IT based products, including Cisco??™s products, might hurt the health rights of stakeholders who desired new products at the same time. The chemical elements and dangerous metals have been obtained in the information technology products, although big companies such as Cisco, Juniper, and IBM strive as possible as to reduce its damages to publics. However, once these goods have discarded by their customers, while it became electronic wastes, the treatment processes details are not given by Cisco (Deen, August 2004). Actually, as Schluep (2010) claimed that most of electronic wastes all
Around the world are distributed to developing countries, such as China, India, Africa and Latin America, the developing countries face up to environment pollution and the largest group of victim is children who grew up with dangerous elements, such as silver, gold, palladium, copper and indium. This situation may violate the rights of customers in developing countries, on the one hand, they purchase products of Cisco and other multi-national companies, on the other hand, and their environment has been destroyed. As Schluep (2010) showed that electronic wastes have been distributed to developing countries and processes of recycling are not controlled. Although Cisco focuses on recycling their products, however, Cisco is not afforded details about recycling processes (Cisco n.d). There is a possibility of Cisco sending Electronic waste to developing areas. Angadi (2010) suggested that recycling electronic waster pose a series threat to the health of communities in Bangalore.
In this area, poisonous gases are released in air, like oxides of nitrogen and sulphur, and mercury. In Bangalore city, most of electronic waste recycling processes are informal activities without control of government. Individuals worked in small and congested rooms to pack the electronic wastes without security measures. The result is ineffective in term of recycle electronic wastes, and at the same time, local environment has been damaged. Fortunately, these series problems have aroused awareness of local information technology companies, Cisco is one of them. Employees of Cisco??™s, donate $1 per person averagely, totally is $10,000, this amount money used for improving recycling equipments and facilities, and environmental governance. Although activities are late, better later than never.ConclusionTaken these factors into consideration, the environmental social performance of Cisco has strengths and weaknesses. On the one hand, Cisco supports sustainable development in production processes, the quality of environment associate with the obligations to shareholders, such as the Cisco??™ employee, customer, and community. Cisco participates international organizations which is aim to protect environment from contamination and misuse of resources. The energy conservation has been advocated in office procedures. And Cisco insists on using cycling system to reduce environmental damage in their production processes. On the other hand, the negative aspect cannot be ignored in Cisco??™s operation processes. Due to the limitations of IT based industry itself, Cisco has to waste resources in product upgrading procedures. The electronic waste has transfer to developing countries, which shown higher risks to the local resident, customer, and community. Cisco advocated recycling production, the process may harm for obligations of local communities.References ListAngadi, J. 2010. Garage recyclers of e-waste are the new threat. http://www.deccanherald.com/content/65207/garage-recyclers-e-waste-threat.html. (Accessed December 17, 2010).Cisco. n.d. Environmental Sustainability. http://www.cisco.com/web/about/citizenship/environment/index.html. (Accessed December 18, 2010).Cisco. 2010. Cisco??™s 2010 CSR Report Highlights. http://www.cisco.com/web/about/ac227/csr2010/environment/index.html. (Accessed December 17, 2010).Cisco??™s newsroom. 2010. AT &T and Cisco appointed to carry out global information technology energy efficiency review for Shell. http://newsroom.cisco.com/dlls/2010/prod_120710f.htmal. (Accessed December 18, 2010).Crane, A., D. Matten, and L. J. Spence., ed. 2008. Corporate social responsibility: Reading and cases in a global context. New York: Routledge.Crowther, D. 2008. Stakeholder perspectives on social responsibility. In the Ashgate research companion to corporate social responsibility, ed. D. Crowther and N. Capaldi, 51-3. England: Ashgate Publishing Limited.Deen. L. 2004. Technology transfer, the HBCU way. US Black Engineer & IT, August.
Derickson, R., and K. Henley. 2007. Awakening social responsibility: A call to action global citizens, corporate and nonprofit organization. 85-2. California: Silicon Valley.Desmond, P. 2003. Going the distance for business continuity. Network World. October 20.Elfrink, W. 2008. Where??™s the next big deal. Outlook Business, August 23.Forrester Consulting. 2009. Its role in reducing corporate environmental impact. http://www.cisco.com/en/US/prod/collateral/switches/ps5718/ps10195/Cisco_TLP_Final.pdf. (Access December 18, 2010).Hoskisson, R. E., M. A. Hitt, R. Duane. 2008. Competing for advantage. 119-6 US: South-Western Cengage Learning.Levitt, J. 2007. Cash form waste. http://www.usedcisco.com/cash_form_waste. (Accessed December 17, 2010).McIntosh, M., D. Leipziger, K. Jones, and G. Coleman. 1994. Corporate citizenship: Successful strategies for responsible companies. 41-2. London: Financial Times Management.Schluep, M. 2010. Hazardous E-waste surging in developing countries. Science Daily, February 23.Topal, R. S., and A. Ongen. 2008. The impact of social responsibility on the environment. In The Ashgate research companion to corporate social responsibility, ed. D. Crowther and N. Capaldi, 58-7. England: Ashgate Publishing Limited.

How to Be a Master of Money

HOW TO BE A MASTER OF MONEY. ???What is your purpose of life??? What would you say if you are asked this question When I heard this question, frankly speaking, in my mind, I already answered that “to be rich!”. Likewise my case, money is merely one of the means to live but nowadays money itself is becoming on object of peoples lives. To describe this situation I want to call these people servant of money. (of course myself included) These servants of money are deceived by wealth, so they have a vain hope. Unlike these people, we have to be master of money! And to be master of money, we have to know what money really is.
First thing we should know is money cant provide ours sense of stability. Including people near me, many people want to have more money, Because of hope to get stability. However the more they have bucks, the more they have a worriment and anxiety about theft. For instance, we can easily see the more people have riches, the more people have a locking device. People endeavor to get a stability, but sorrowfully they get a more anxiety. what a paradoxial situation!
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Secondly, we should notice that many people assure that wealth promise happiness, but they do not deliver. They just create a craving for more happiness. Recently, I saw a movie my fair lady. in the film , Eliza ,after obtaining wealth sadly said “what am I to go” “where am I to go”. Likewise eliza, having a happy dream many people buy a houses , a car and spend money on stuff. And when that hasnt done it for them [that is, made them happy], they become depressed, empty and uncertain about what to do with their lives. This thing taken together, it is certain money cant bring a happiness.

Finally, we should know that money hurt relations with others, As you can feel, todays materialistic cognition is evaluating human in terms of finance. As a result anymore it isnt important to having a good relationship. Furthermore money make working ability eroded. Without any enjoyment, people only work for their pay. Money makes persons feel burden of work, not enjoyment. Consequently people no more cant feel accomplishment about work. As we saw, if we misuse money, our live will worsen. So to be a master of money, it is necessary to know that money cant provide sense of stability and happiness. rather if we misuse, it worsen relationship and working ability. So from now on, keep this facts in mind, take money proper position and then, you can be a master of money!

How to Be a Leader

Human trafficking is the number one fastest growing illicit trade in the world. It is often referred to as “modern-day slavery”. Human trafficking is the illegal trade of human beings. The victims are transported from their homeland to another. They are forced, coerced, threatened and tortured to perform such duties as: forced labor, prostitution, sexual exploitation and or slavery. Victims have also been killed for their body parts such as: organs and cells and sold for transplantation purposes. Trafficking does not only affect women. Young boys and girls regardless of age, race and citizenship status are also trafficked. The supply and demand for human trafficking evolve from weak economies, failed states, restrictive policies for immigration and the demand for global labor. Prior to 2000, there were no comprehensive Federal Laws protecting victims from being transported and sold which made it difficult to prosecute traffickers. On October 28, 2000, The President of the United States, Bill Clinton, signed The Victims of Trafficking and Violence Protection Act of 2000. It became a federal crime to transport and harbor individuals by use of fraud, force and or coercion above the age of 18, as well as unlawfully confiscate their documentation, such as passports and birth certificates. If the individual is under the age of 18, proof of fraud, force and or coercion is not necessary. The Act also aids victims in the United States helping them rebuild their life after having been rescued by their captors. It provides shelters, rehabilitation programs and relief from deportation in order avoid any kind of retribution in their native homeland. The Act also aids other countries in the fight against transporting victims over seas. This law supplements existing laws that apply to human trafficking, such as the 13th Amendment, The Mann Act, and Sections 1581 and 1584 of Title 18, which criminalizes peonage involuntary servitude (VTVPA P.L. 4:2000). The United States is the primary country used to transport victims from their native homeland. It estimates that 820,000 persons are trafficked annually and are deprived of their freedom and human rights. Eighty percent are young girls and women and nearly half are minors. Once the victim is in the hands of their trafficker, they are detained against their will. If they try to escape or defy rules, they are severely beaten, starved, raped or murdered. They are forced to work in the most inhumane way imaginable. Each year, approximately 50,000 women and children are transported under false pretenses. They are promised a better life by their traffickers who have manipulated them into believing they have provided them with employment, a paycheck and security. The majority of victims traffickers recruit come from broken homes, impoverished origins and have little to no education. The countries from where they are transported are; Africa, Asia, Mexico and Eastern Europe. There are three elements of human trafficking; the act, the mean and the purpose. The act refers to the transportation, recruitment and harboring of individuals. The mean is the method used to detain the individuals such as by use of force, fraud, threat, violence, abduction, manipulation and ransom. The purpose of human trafficking is financial prosperity for the traffickers. They prosper by forcefully employing their victims in the most undignified way imaginable, thus making it financially possible for the traffickers to expand their criminal organization within the United States and worldwide. The major forms of human trafficking are: forced labor, sex trafficking, debt bondage among migrant laborers, child labor and child sex trafficking.
Forced labor is also referred to as involuntary servitude. The victim is exploited by an immoral employer who takes advantage of economic problems such as high unemployment, poverty, lack of economic opportunities in their country of origin and discrimination. The traffickers force the victims to work long hard hours for very low pay. If the victim complains, they suffer harsh consequences. Women and young girls are mostly targeted. They are used for sexual exploitation or slavery.
Debt bondage among migrant laborers refers to traffickers who enforce a debt to the victim who initially assumed that the negotiations were finalized and their debt was paid in full. The trafficker uses this form of manipulation to detain the victim longer than initially agreed upon. The victim has no choice but to work hard and reimburse the trafficker a certain amount of their paycheck for having been transported. Immigrants are the most targeted individuals because the traffickers know they are in dire financial necessity, fear deportation and the judicial system. The victims are also threatened, beaten and held against their will until their debt is paid off. The trafficker may also threaten the victims family members back home requesting a ransom for their release.
The methods of control used against women forced into sexual slavery vary. They include withholding money, isolation, and drug or alcohol dependence, which is most often used by women to cope with their lives although it is sometimes forced upon them (Parrot and Cummings 2008:9). The victim may also be sold or traded repeatedly to other traffickers within the organization. They are never kept in one place for a long period of time. They are moved around frequently to avoid being recognized and found by their family members. They are also moved around frequently to avoid a personal relationship developing between the victim and a customer for fear that the victim would reveal her situation and the customer would inform authorities. The victims are mostly women between the ages of 18 and 24. They are psychologically abused into believing they have to work off their transportation debt to the trafficker before they can be released. If the individual refuses to participate or defies any rules, they are severely beaten, raped and tortured. The traffickers may also threaten the victims family members back home. They use every maneuver possible to keep the victim working and afraid. Sadly, many prostitutes die from sexually transmitted diseases such as HIV and AIDS. They also die from malnourishment, untreated medical issues or suicide. The life expectancy of a victim in this situation is 3 to 4 years.
Child labor and child sex trafficking involves children between the ages of 7 and 16 years. They are kidnapped from public places, lured away from unsuspecting parents, school grounds or while playing outside their homes. Some children are even sold by their own parents out of financial desperation. They are used as tools and forced to work for no pay and little food in sweat shops, farms and households. The children are held captive by the traffickers who rent them out or sell them to individuals who retain their services. The children are also forced into prostitution and are sexually exploited. Many of the children are raped, beaten, starved and even killed for disobeying their employer.
In 1999, New Jeresy Representative Christopher Smith introduced The Victims of Trafficking and Violence Protection Act which later came into law on October 28, 2000. This legislation supplemented existing statutes applicable in many trafficking cases such as human smuggling, kidnapping, prostitution, organized crime, racketeering, and money laundering (Ebbe and Das 2008:147). Since the enactment of this law, several United States Departments, such as the Department of Justice, the Departments of State, Health and Human Services along with the Department of Labor have joined together in the fight against human trafficking. Together, they created the Trafficking in Persons and Worker Exploitation Task Force. The task force set up a toll free complain hotline for citizens to phone in and report possible trafficking activities. Based on the information provided, personnel forwards alleged complaints to federal authorities and prosecutors for further investigation and possible prosecution. However, not all cases are prosecuted. Many of the victims who are rescued refuse to cooperate because of the traumatic psychological and physical abuse they experienced while detained. They have been deeply brainwashed to believing that both they along with their families will be hurt or murdered if they cooperate with authorities. Many victims, even though frightened to death of their abusers, feel a loyalty toward them and refuse to cooperate in any way with authorities. If the victim is adamant in refusing to cooperate, they are deported back to their homeland, flee or end up going back to their abusers. It may take anywhere between weeks, months and even years, depending on the severe psychological, emotional and physical abuse suffered by the victim, before they begin to discuss what happened to them and who hurt them.
Responsibilities for pursuing trafficking crimes fall to multiple federal agencies, including the FBI and ICE, which investigate these crimes; CRT/CS, CEOS, and U.S. Attorneys Offices, which prosecute traffickers; and other agencies within DHS and DOJ and components of DOL and DOS that support U.S. efforts to to investigate and prosecute trafficking in persons (Novinka 2008:12). The assistance of both state and local authorities are beneficial in order to prosecute traffickers. Not only are they are more familiar with their jurisdictions, they also work with many nongovernmental organizations within the jurisdiction such as shelters and counseling programs. Many victims find it easier to open up or trust a counselor as opposed to a law enforcement officer. Since human trafficking is also a transnational crime, federal agencies require the assistance from foreign governments and international law enforcement agents in order to investigate and prosecute traffickers within the United States which only increases the need for funding and manpower. It is estimated that nearly 42 billion dollars a year worldwide is profited from human trafficking, making it the second fasted growing criminal industry next to drugs.
The best defense against human trafficking is education, which can be difficult to teach. Bringing awareness to people, in the United States and world wide can reduce the number of victims being exploited annually. Unfortunately, Africa, South East Asia and South America are the areas with the highest victims of this crime. The majority of the people have little to no education and are unable to read or write. They live in impoverished communities and are easily vulnerable to job opportunities in other countries. Another defense against human trafficking is stiffening the penalties for traffickers who transport people for indentured servitude. Each year, Congress continues to create and amend laws for traffickers who continue to profit from another person.References
The Victims of Trafficking and Violence Protection Act of 2000. 2000 Washington, D.C.: U.S. Department of Justice. 4.Bales, K., and Soodalter, R. 2009. The Slave Next Door. Los Angeles, Ca.; University of California Press Berkley.Ebbe, O. and Das, D. 2008. Global Trafficking in Woman and Children. Boca Raton, Fla.Michale, Kolby. 2011. A Look At Human Trafficking: The Dark Side of the Sex Industry. Websters Digital Services.Novinka. 2008. Human Trafficking Crimes. Nova Science Publishers

Corporate Duties

DUTIES OF CORPORATE PEOPLE 1
Duties Of Corporate People
Frederick Robinson
BUS 670: LEGAL ENVIRONMENT
Instructor: Gary Gentry
Date: May 24th, 2011
DUTIES OF CORPORATE PEOPLE 2
[ABSTRACT SUMMARY]
Corporate people work in various types of corporations. Corporations vary from government-owned and non-profit corporations, from publicly held corporations to close corporations. Within such corporations, there??™s often a director, officers??™, and shareholders, all working together in the best interest of the corporation. Thus, this paper seeks to analyze the difference between publicly held and close corporations, as well as the duties of a corporate director, officers??™, and shareholders.DUTIES OF CORPORATE PEOPLE 3
Corporations are generally formed in the same manner. Money is needed which is often provided by investors, banks, or shareholders, yet many corporations differ with limitations according to the type of corporation formed.
According to Mallor, Barnes, Bowers, and Langvardt (2010), the General Motors Corporation is type of publicly held corporation due to the fact that its??™ shares are available to the public through public investors. This type of corporation is run qualified managers who perform duties in the best interest of the organization and shareholders, yet run by professional managers who also own a small percentage of the corporation. This differs from a close corporation in that the shareholders have controlling interests and manage the corporation themselves. Between the two types of corporations, they both must abide by the same rules outlined in state corporation law. On the other hand, several states allow more freedom for close corporations regarding their internal matters, versus public held corporations. For example, shareholders of a close corporation may be permitted to dispense with the board of directors and manage the close corporation as if it were a partnership (p.1010, paras.4-6). The observation here is that anytime public interest is involved, a corporation like GM or even Enron is usually held under a microscope to ensure that ethical practices are followed in order to protect the public just as much as the investors. However, ???legal loopholes??? found by trusted officers within a corporation, often leads to exposed scandals due to unethical practices by corporate officers. Therefore, it is important to understand the duties of corporate directors, officers??™, and shareholders.DUTIES OF CORPORATE PEOPLE 4
Directors and officers??™ of corporations have serious responsibilities. Mallor, Barnes, Bowers, and Langvardt (2010) note that directors and officers??™ are trusted to oversee all belongings of the corporation, as well as act on behalf of the corporation with trusted power, which means they owe fiduciary duties to the corporation with loyalty (p.1056, para.4). Directors and officers??™ are to operate under duty of care, or diligence, and must perform according to MBCA standards. Under MBCA section 8.30, members of he board of directors must act in good faith, in the best interest of the company, and make decisions accordingly with the best interest of the company in mind. For officers??™, the MBCA section 8.42 imposes that corporate officers??™ must also act in good faith, exercise good care and judgment reasonably under like circumstances as a director would, and act perform to the best interest of the organization (p.1056, paras.7-8). The difference here is that directors are part of a board of directors, and perhaps have a higher level of responsibility compared to an officer. Although they both share the common goals of the corporation, more pressure tends to fall on a director who has more people to answer to performance wise. Often at times, pressures on a director stem from having to make tough decisions financially, in order to cut costs according to shareholder demands.
According to BusinessWire (2011), corporate Directors biggest executive compensation concerns are selecting performance goals that are aligned with shareholder value creation and holding onto executives with proven track records, according to a new survey by the National Association of Corporate Directors (NACD) in collaboration with compensation consultancy Pearl Meyer & Partners. The survey, part of the NACDs new quarterly Board Confidence Index conducted in collaboration with Pearl Meyer &
DUTIES OF CORPORATE PEOPLE 5
Partners and Heidrick & Struggles, asked 176 leading corporate Directors to rank seven key executive compensation issues in importance, as well as to assess their ability to effectively address those issues. A total of 33% of respondents in the NACD survey ranked “the selection of performance goals that align with shareholder value creation” as their top Board issue, while 19% cited “the need to retain top-performing executives.” “Say on Pay votes and the growing influence of proxy advisory firms require Boards to demonstrate they have meaningful performance targets for executives and proportionate rewards,” said Jim Heim, Managing Director at Pearl Meyer & Partners. “At the same time, Directors know that retaining their top-performing executives will be an increasing compensation consideration as the economy improves and competitors more actively recruit from their ranks (p.1, paras.1-2).” The issue here that many corporate directors now face is deciding how to financially meet organizational goals according to shareholder demands, while keeping top-performing executives with proven abilities to help keep the shareholders happy. Many organizations tend to layoff top executives in order to cut costs during tough times, yet the top performing executives are huge reason why the pockets of shareholders stay full. Letting go of top performing executives not only presents a risk of losing profits, but it also makes it harder for directors to continue meeting the aligned organizational goals. For example, the corporation lets go of a top executive who has closed deals for the company totaling $100 million over the last three years, and the shareholders insist the executive has to be let go because they see profits declining. However, after they let the high-earning executive go, they realize that he established several leads and clients that were happy with his services, and referred him
DUTIES OF CORPORATE PEOPLE 6
to other potential clients and buyers. They contact the corporation only to discover that he no longer works there, and don??™t really trust anyone else to do business with. That said, the pressure falls back on the director to find someone else that can step in and do the same job, yet they??™re losing money in the process and things fail to align accordingly. Although this is one issue corporate directors??™ face, corporate officers can face tougher issues, especially when the issues stem from unethical practices.
Aside from performing in the best interest of the shareholders and corporation, corporate officers also have a duty to perform in the best interest of the public. Paliani (2011) discusses a case warning that corporate counsel in any company that operates in the pharmaceutical industry should take careful note of the recent decision of the United States District Court for the District of Columbia in Friedman v. Sebelius.1 In an opinion written by Judge Ellen Segal Huvelle, the court upheld an exclusion order of the Secretary of the Department of Health and Human Services which had excluded three senior officers (including the General Counsel) of the pharmaceutical manufacturer, Purdue Frederick Company, from participation in any Medicare, Medicaid or other federal health care program for a period of twelve years. The exclusion order was based on misdemeanor guilty pleas by each officer admitting that they had served as “responsible corporate officers” during a five year period for which the company had been convicted of marketing misbranded drugs (OxyContin) with the intent to mislead the FDA (p.1, para.1). Criminal charges for misbranding were then filed against the company and its three senior officers, the CEO, the EVP in charge of Medical and
DUTIES OF CORPORATE PEOPLE 7
Scientific Affairs, and the General Counsel. All of these defendants entered guilty pleas and the company also agreed to pay a $600 million monetary sanction.
Although the convictions of each of the individual plaintiffs were only for misdemeanors, this was sufficient under the relevant exclusion statute to seek an exclusion order. The original penalty was for 20 years, but then reduced to 15 years by the appointed Administrative Law Judge based on mitigating factors. The individual corporate officers argued that they were innocent third parties with no direct responsibility for any of the wrongdoing, but the Departmental Appeals Board that ultimately decided the exclusion issue at the administrative level disagreed, finding that they bore: a measure of culpability and blameworthiness for the misbranding because they had, but failed to exercise, the duty and responsibility, and the power and authority, to learn about and curtail the fraudulent activities of Purdue employees (p.2, para.2).7 Judge Huvelle reasoned in her opinion that the mere fact that a corporate officer holds a senior position in the corporate hierarchy is not sufficient to establish criminal misdemeanor liability under the “responsible corporate officer” doctrine. Instead, there must be evidence that the defendant had the responsibility and authority in the company to prevent or promptly correct the violation complained of.13 Nevertheless, despite efforts by the plaintiffs to persuade the court that none of the individual officers had anything to do with the wrongful acts that gave rise to the corporations criminal liability, the court upheld the exclusion order reasoning that: their criminal convictions [were] no different than those in any number of cases, dating back over one hundred years, in which the liability of managerial officers did not depend on their knowledge of, or personal participation in,
DUTIES OF CORPORATE PEOPLE 8
the act made criminal by the statute, but rather on an omission or failure to act when the agent, by virtue of the relationship he bore to the corporation, had the power to prevent the act complained of (p.4, para.4).14 This case presents many issues, duties the said officers failed at. For one, they didn??™t act with authority appointed them within the realm of corporate powers. As mentioned earlier, officers have a duty to act and perform in good faith, make decisions according to the best interest of the company, shareholders, and in this case the public. Prescription drugs are amongst the top drugs people become addicted to. That said, allowing what was promoted as a less powerful form of OxyContin to be distributed, presented serious liabilities and risks not only to the corporation, but to those who prescribed and purchased the drug unaware of its??™ true potency. Something of this magnitude could cause a ripple effect of lawsuits between doctors and patients as a result of overdose. The judgment in this case boiled down to the fact that officers did not take measures to ensure the claims of the drug according to FDA standards, yet also tried avoid disclosing the truths about the drug from the FDA. Not only did this bring about charges and monetary penalties for the defendants, it cost the company and shareholders millions of dollars; which would only result in long-term losses. Therefore, this could detour any future investors or shareholders from investing anymore money into the company, with share values certain to drop, and business decline. The duties of directors and officers??™ can have a huge impact on themselves and the corporation, if proven unethical or criminal, yet it??™s the shareholders who suffer the brunt of the financial loss, money they expected to get back with profit now gone.
DUTIES OF CORPORATE PEOPLE 9
Not only do directors and officers??™ have corporate duties, but shareholders do as well. Shareholders are generally known for investing the money into a corporation, then receiving profit compensations based on their investment or shares. However, shareholders do have duties since they are in fact principle characteristics of corporations.
Mallor, Barnes, Bowers, and Langvardt (2010) note that shareholders elect a board of directors, which manages the corporation. A shareholder has no right or duty to manage the business of a corporation, unless he is elected to the board of directors or is appointed an officer. Furthermore, shareholders have limited liability. With few exceptions, they are not liable for the debts of a corporation after they have paid their promised capital contributions to the corporation (p.1009, Fig.1). Based on the noted points above, shareholders are mostly hands off regarding day-to-day operations of a corporation, yet they are required to have certain annual meetings. If a shareholder holds another office in addition to being a shareholder, such as Vice President of the company, then they have more of an authoritative role and must also act in the according to the best interest of the corporation. For the most part, Mallor, Barnes, Bowers, and Langvardt (2010) state that in a for-profit corporation, the shareholders??™ rights to elect directors and to receive dividends are their most important rights. The shareholders??™ duty to contribute capital as promised is the most important responsibility (p.1107, para.1). Again, unless a shareholder holds another position within the corporation, their primary duty is to uphold their financial obligations for the duration of their contracted commitment.DUTIES OF CORPORATE PEOPLE 10
To close, duties for corporate officers vary according to the type of organization they work for. Whether in publicly held corporations or close corporations, the duties and ethics hold true as they all boil down to doing what??™s best for the corporation.DUTIES OF CORPORATE PEOPLE 11
References
Anonymous.?  (2011). Alignment of Performance Goals with Shareholder Value Top Compensation Challenge in 2011 (pp.1-3). Business Wire.?  New York: May 4, 2011.? Retrieved from: http://proquest.umi.com/pqdwebdid=2336822151&Fmt=3&clientId=74379&RQT=309&VName=PQD
Paliani, A.R. (2011). THE RESPONSIBLE CORPORATE OFFICER DOCTRINE AND THE DECISION IN FRIEDMAN V. SEBELIUS: A CAUTIONARY NOTE FOR CORPORATE GENERAL COUNSEL IN THE PHARMACEUTICAL INDUSTRY
Defense Counsel Journal.?  Chicago: Apr 2011.?  Vol. 78,? Iss. 2,? p.? 229-232? (4? pp.) Retrieved from:
http://proquest.umi.com/pqdwebdid=2332284141&Fmt=3&clientId=74379&RQT=309&VName=PQD
Additional References
[email protected]
www.pearlmeyer.com
NACDonline.org
1 2010 WL 5079937 (D. D.C. Dec. 13, 2010).
2 21 U.S.C. ?§333(a)(1).
7 Id. at *4 (quoting Administrative Record 3132).
13 Id. at *9.
14 Id. at *11 (quoting Park, 421 U.S. at 670671).

How to Bake Ice Cream

Apparatus
* Large mixing bowl
* Whisk or fork
* Ice cream scoop or spoon
* Cookie sheet
* Aluminum foil
* Oven
Materials
* 3 or 4 large eggs
* Vanilla ice cream
* 1 large cookie
* 1/2 cup of sugarMethod
1. Separate the egg whites from the eggs. This might be hard if you havent separated egg whites before. To do this, carefully crack the eggs on a hard surface. Turn the egg upward and open the top so that the egg contents remain in the bottom-half of the shell. Hover the shells above the bowl and slowly pour the contents of the bottom-half of the egg into the empty top-half, allowing the egg whites to fall into the bowl, but keeping the yolk in-tact. Keep doing this until youve extracted as much of the egg whites as possible.
2. Repeat step #1 for all eggs.
3. Use your whisk or fork to beat the egg-whites in the bowl, slowly adding in the sugar as you mix. Keep beating the egg whites and sugar until you have a shiny looking mixture.
4. Pre-heat your oven to 500 degrees
5. Line your cookie-sheet with the aluminum foil so that it covers the entire surface
6. Place your cookie on the center of the foil-lined cookie sheet
7. Take a big scoop of Ice Cream that is about the circumference of the cookie and place is in the egg white mixture. Make sure the ice cream is completely covered and submerged.
8. Take the ice cream from the mixture and place it on the cookie
9. When the oven is pre-heated, place the cookie sheet on the bottom rack
10. Bake the ice cream cookie until the ice cream starts to turn a golden brown, about 5 minutes.
11. Remove the ice cream cookie from the oven and allow a few minutes to cool.
12. The ice cream hasnt melted! Eat and enjoy!Observation
So, why didnt the ice cream melt when it was in a 500 degree oven The secret is in the mixture! When you beat the egg whites with the sugar, you created lots and lots of tiny air bubbles that were trapped within the foam. When the ice cream was submerged in this mixture, the foam formed a protective barrier. This barrier of tiny bubbles slowed the advance of hot air and prevented it from penetrating to the ice cream. The result is a golden-brown and delicious ice cream treat that wasnt melted under the heat of the oven!
Conclusion
The ice cream did not melt from the oven because the ice cream was covered with the egg whites, because when you beat the egg whites with the sugar you create a lot of tiny air bubbles that was stuck within the foam of the egg whites and sugar and this is my conclusion on why the ice cream didn`t melt in the oven!

Corporate Compliance

Corporate Compliance Plan
Ojadili Okolo
University Of Phoenix.
Riordan Manufacturing (RM) is a global company wholly owned by Riordan industries and provides its services worldwide in areas which include California, Georgia, Michigan and China. RM employs 550 people with revenues in excess of $1 billion and projected annual earnings of $46 million. The ethnic demographics for the senior management comprise: 70% Caucasian; 11 % black; 8% Hispanic; 9% Asian and 2% native Indian. The company projects annual earnings of about $46m and produce a variety of products with plastics. RM??™s pecuniary data, along with historical information, is evidence to their financial status and health of the company. They operate three branches in the US and moved one to China in order to save cost. Presently, the company has many issues ranging from logistics to finance and it??™s time to identify these issues and look for ways to solve them. Based on COSO outlines, there are key concepts regarding internal and external controls of RM that needs attention.There are great opportunities out there for RM to increase its profit margin and expand more in coming years if the proper foundation is laid for the company to grow. There are series of legal issues that may emanate in RM??™s practices if care is not taken. RM??™s employee handbook is bereft with information like corrective action plan before exercising their ???at will??? rights besides, the employee handbook contains a clause that says, ???However, this handbook cannot anticipate every situation or answer every question about employment???. The jury can misinterpret the clause in so many ways and even though RM reserves the right to decide on the conditions of employment, their employees are still protected under many laws which can be easily violated. It is imperative for RM to understand that the court of law can consider the handbook as an implied contract depending on the issue at hand and contracts should be unambiguous. Ethnic diversity, employee evaluation, sexual harassment, etc are also some of the issues that require proper attention. Nonetheless, RM is doing a good job in areas like employee motivation through incentives, career development, benefits, etc. The incentives offered are rather too low and this may affect the productivity of their employees. However, productivity measures, other than company-wide ones, almost always allow compensation for disruption beyond the control of the individual group, and there is a large discretionary element in these incentives which allow the employees, supervisors and management to adjust the figures in such a way as to produce the answer they think is correct (Accel Team Development, 2008).
RM??™s evaluation process is strictly behavioral. Rating employee??™s productivity of labor through their behaviors will produce a very mechanistic approach to performance evaluation and increase the chances of prejudice. A supervisor who doesn??™t like a dutiful employee because of the way he smacks his lips can rate that employee low simply because of that factor. RM should ensure measurement is conducted the way work is designed and allow employees to evaluate each other in order to compare with their supervisor??™s report.
The Sarbanes-Oxley Act, also known as Public Company Accounting Reform and Investor Protection Act of 2002, requires RM??™s principal executives to have ethical responsibilities on finance issues since RM is a corporation. These executives will be held liable for any financial impropriety found in the company. In order to accomplish an unalloyed ethical behavior among their employees, RM??™s management should:
1) Set the precedence through sound ethical behavior
2) Ensure the employees are trained and given manuals concerning ethical behaviors and the consequences of violating them.
3) Encourage whistle blowers and other employees who report any wrongdoing to RM??™s management.
4) Terminate any employee found wanting in any of these specified standards. In addition, they should proactively communicate any illegal or unethical actions to the appropriate internal and external parties irrespective of what it will cost the company.
RM??™s pecuniary data indicates continued success for the company as opportunities to improve the business are attained. However, increasing profits and reducing losses is not only an obligation to them but to the shareholders since Riordan is a corporation. ???A corporation possesses these qualities unlimited duration, free transferability of interest, limited liability for shareholders/owners, continuity, and centralized management but it is the responsibility of the officers and directors to make sure they are performed according to company policies??? (Jennings, 2006).Under the issues of liability, RM??™s directors and officers can be held liable for non compliance with corporate obligations. So, it is crucial for the directors pay attention to each issue that concerns the company and makes proper decisions. Strategic planning, decisions, creating and making policies should be made in line with company policies and not out of personal gains. Violation of any of these rules for decision making will attract a severe penalty from the director of liabilities. They are also obligated to seek for the interest of their holding company through sound business practices because if they fail, Riordan industries will be held liable for stock holder??™s interest. Corporations are not only indebted to themselves but the society in general.
RM has a branch in China. Conducting business internationally requires certain compliance agreement which must be adhered to in order to be protected by the United States Export Administration Regulations. Proper licensure in accordance to international requirements from the office of imports and exports, etc. Strict adherence as a rule of the thumb will save RM a great deal in money, image and time. RM is considering relocating from Hangzhou to Shanghai to save on transportation costs. A detailed analysis should be conducted to ensure that they continue to remain in compliance with all Chinese government regulations. There are local compliance issues that should be studied before anything especially the environmental regulations. Laws concerning environmental safety have ruined many companies that refused to abide by them and toying with such laws will be a gross error for RM.

If RM intends to remain profitable in the competitive market of plastic fan blades and fan housings then they will have to ensure that international laws are closely monitored and ensure that our international partners adhere to their national laws.
RM as a corporation has 55% of their assets in Property, Plant and Equipment. This percentage is about 30-40% for similar corporations. It shows RM has great many tangible and intellectual properties. There are many issues concerning security and oversight as regards to their tangible and intellectual properties. China has a history of violating copyrights, stealing trade secrets and trademarks. I will assume RM is wary of that and is prepared to guard their trade secrets and protect their trademarks from piracy. Such violation is criminal but the government in China seldom enforces anti piracy laws and it can stifle RM through draining their profits.
RM management should protect their intellectual properties. Patents, designs, trade secrets, copyrights and trademarks are to be protected at all cost. Trademarks like GenX heart valves, concept project, Cardicare, etc. Rees (2009), stated, ???The reasonable use of restrictive covenants provides employers with a way to protect their trade secrets and prevent unfair competition by ex-employees???. RM will restrict their competitors through the protection of their trade secrets. Other intrinsic information like their financial data should be kept secret. Nike was accused of running a sweat shop in China and the bad publicity didn??™t do them any good. They eventually lost in litigation and spent an enormous amount to clear up their public image. People in the US may look at the Chinese employee??™s remuneration and accuse RM of slave labor yet they wouldn??™t care to check the cost of living in China and Unites States. There is a conspicuous absence of any substantive reference to patents and trademarks in all RM??™s publication and it??™s scary because they may end up losing their patents to smarter investors who will end up reaping from a label RM spent time and energy creating. Although they made mention of a legal firm that manages all their patent issues but I think clarity should be the case here. Write them out (apart from the ones that really need to be secret).
RM also marked one of their documents (marketing plan) as ???proprietary??? when there is no mention of the proprietary information security program.
RM also claims they have no federal contracts in their human resource page yet they supply goods and services to the department of defense. I will like to call this negligence but be that as it may, incorrect information should be avoided through proof reading because it could lead to tort liabilities. If they have a contract with the Department of Defense; the Department of State, Department of Commerce and Department of Justice are going to be very interested in what technology is being sent to China. The Department of State is going to ask if the technology is ???dual use???, which typically means if it has both military and civilian application. If yes, then they demand an oversight in order to ensure the process does not violate import and export licensing agreements.
After reviewing RM??™s staff diversity, I noticed it??™s diverse in gender and age proportion but lacking in ethnic and age diversity. It??™s not as if the latter is completely absent but RM should endeavor to bridge these gaps in order to gain leverage when issues of discrimination arise. Following the civil rights acts of 1964(Title VII), many companies created corporate diversity programs, which are intended to increase cultural diversity in the workplace .These programs must be geared towards achieving the intended goals and not create a quota system that results in the hiring of unqualified minorities over qualified non-minorities. Curry (2004) stated, ???Not only does a variety of experience and background provide a vast array of knowledge and skills, but it also sparks creativity among those involved???. However, RM suggested in their employee??™s handbook that ???The Company does not have any affirmative action plans or goals.??? Perhaps, they are not breaking any law by adding such information in their handbook but I think they can get around it much more technically by lending support to nonprofit organizations that work towards eliminating workplace discrimination.
Other title VII violations like the pregnancy discrimination act, gender and age discrimination should be in RM??™s watch list because it??™s always better and easier to avoid the problem than seek for solution.
A tort is committed towards a private party. RM could be exposed to tort risks like negligence (intentional and unintentional), defamation, and invasion of privacy. There are series of tort liabilities besides negligence especially with non compliance issues. Enterprise liability, product liability and international laws guiding RM will involve strict organizational oversight. Legalistic measures of progress should be borrowed instead of enhancing ways to win litigation. Avoiding personal tort liabilities, intentional torts, negligence, accidental injuries and strict tort liabilities requires RM to actively monitor current employee satisfaction and complaint results and seek ways to proffer solutions. The 2004 employee satisfaction scores show a downward spiral from the scores obtained in 2001 and this demonstrates how unhappy their employees are with RM. These results coincide with recent employee complaint report revealing criticism of the discipline process and inadequate training.
An RM employee, Edwina Hernandez, complained about a calendar on the wall posted by Ed Ledford, because it shows naked women and her immediate supervisor took it serious and asked Ed Ledford to remove the calendar from his wall. Apparently, Ed Ledford albeit removing the calendar, used an offensive language to ward Edwina??™s supervisor off. Such occurrence is very unprofessional and RM should educate their management never to allow such a thing repeat itself. It is irresponsible for an employee to keep lewd pictures around the work place and Ed??™s behavior is a recipe for litigation. The US equal employment commission (2009) stated, ???Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring???.
The management should consider inputs from every member of management routinely, assess their ideas and encourage them to come forward with any issue concerning them. Perhaps, a closer look at the workforce diversity of the senior management should indicate there is need for more diversity so as to create an adequate balance at the top echelon.
Product liability risk and other tort liabilities can be avoided through:
1) Correct labeling of their products with manufacturer??™s instructions.
2) Abiding by Occupational Safety and Health Administration (OSHA) regulations and Consumer Product Safety Act of 1972. RM should remember the rules guiding OSHA and the rights their employees have as regards to OSHA laws. Jennings (2006) stated, ???An employee who is fired, demoted, or discriminated against for registering an OSHA complaint can file a complaint, and the Department of Labor can pursue the employee??™s rights in federal district court???.
Compliance with statutory and international laws like the standards organization guidelines for quality assurance and quality management, require products produced by Riordan Manufacturing to carry a stamp of compliance with standards and procedures as a means of limiting product defects. (Jennings, 2006)
It??™s not unusual for big corporations to attract lawsuits regularly. Issues like defective product, employee related issues, environmental compliance issues, patent etc, are what attracts these lawsuits. ADR was enacted by congress in 1996 as the Alternative Dispute Resolution act. It introduces innovative ways to settle disputes, reduce the work loads in our court system and has greater efficiency in settling disputes because it takes shorter time and has no unnecessary bureaucracy associated with the courts.
In order to save time and money, RM should design an appropriate pathway to avoid litigation if needs be, due to time, cost and bad public image associated with it. It??™s imminent for RM to form an ADR committee headed by their legal department.
i) The ADR committee should first of all identify each problem and evaluate them to ascertain the seriousness in it. Giant companies like Wal-Mart gets sued everyday but they don??™t waste their time giving audience to every lawsuit because they have a department that takes care of such issues and determine what should be taken serious or not.
ii) If the problem is a genuine one, the committee should determine which way to go in order to record minimal losses. If it??™s a recurring problem beyond their control, the committee should determine the proper ADR measure to be used in tackling the problem.
iii) Mediation is usually the cheapest and convenient ADR; RM should employ mediation and see how the case develops in due course. Some mediators are independent but I will advice RM to use a company employed attorney who has experience in mediation for their own business interest. There are chances that the plaintiff and his/her legal crew may reject the mediator and seek for the services of an independent party which is still acceptable as long as RM protects its interest through the use of experienced legal expertise. If no agreement is reached or the agreement which is not binding is not acceptable to either RM or the plaintiff, RM may consider using arbitration through American Arbitration Association (A.A.A). It??™s advisable for RM to examine the mediator??™s adjudication carefully and consider their current losses and how profitable it will be for them to consider other forms of ADR or even litigation. The whole thing is about weighing and balancing .Arbitration is somewhat binding as long as both parties agree to the judgment. It??™s usually cheap although not always but it??™s nothing compared to the huge legal bills and publicity associated with litigation. Chances are higher than mediation and it not only saves resources, but it also saves the public image because they are usually done secretly. There are rules guiding arbitration and RM should cultivate the culture of tracking arbitrators who usually rule against them and try their possible best to avoid their services. Choi(2009) stated, ???A study by Public Citizen found that credit card companies track arbitrators rulings and do not enlist the arbitrators who rule against them???. As long as it??™s not illegal, they reserve the right to accept or reject an arbitrator just like the plaintiff and the chances of the arbitrator being punishing them severely will be greatly minimized if there is a history of ruling in favor of RM.
RM needs to understand that a bad public image can bring a company down to its knees and the jury, being members of the community seldom have little sympathy for big corporations. If the case is an environmental compliance issue, discrimination or company related injury, they will stand little or no chance with a jury unless it??™s a clear cut case. The media also does not help matters because they seldom side with big corporations in liability cases. So, I will advise RM to accept any invitation for an ADR because of many uncertainties surrounding litigation.
iv) If there is no other way to avert litigation; RM should embark on a massive media campaign that will stress on issues which will give them a positive image. Every new invention, compliance, benevolence, achievement should be covered in depth. They should never underrate the power of the media. They can use the media to win 30% of their case before proper litigation ensues. No matter how you look at it, RM can use the media to cast doubts in the minds of many members of the jury. They should ensure that procedures are being followed appropriately and depending on the nature of the litigation, they may consider paying restitution or doing some kind of charity to the affected group. Nonetheless, win or lose, RM should undertake a massive measure to nip the cause of the problem in the first place and make sure they take adequate measures geared towards prevention. They should show remorse publicly if found guilty and have no intention of appealing.
v) Finally, RM should understand that it pays to follow procedures and many times cheaper than violating them. Although the legal department is a necessary aspect of a corporation, care should be taken not to stifle other areas of fund because a company may be budgeting too much just to keep their legal department strengthened.
A bulk of issues regarding RM centers on their employees. Motivating employees and looking out for their needs makes them to feel their effort is appreciated. Issues like trade secrets theft among employees, discrimination claims and other tort liabilities can be curtailed through adequate employee treatment. RM should also review their employment policies to include a clause that will make them subject to arbitration if needs be. Alternative resolution is always the best and can never be equated to litigation.References
Curry, M.(2004). Diversity: No Longer Just Black and White. Business Marketing. Retrieved from http://www.business-marketing.com/store/culturaldiversityartcile.htmlQuick MBA Law and Business. (2007). The Corporation. Retrieved August 29, 2009, from http://www.quickmba.com/law/corporation/
Accel team Development.(2008).Productivity. Retrieved August 27,2009, from http://www.accel-team.com/productivity/addedValue_04i.html
Jennings, Marianne Moody (2006). Business: Its Legal, Ethical and Global Environment. New York: Thomson, P. 855-868.
Rees T. (2009). A Brief Guide to Restrictive Employment Covenants. HighSwartz. Retrieved August 29 2009, from
http://www.highswartz.com/CM/Articles/Articles41.asp
The U.S. Equal Employment Opportunity Commission.(2009, March 11 ). Sexual Harassment. Retrieved August 28, 2009, from http://www.eeoc.gov/types/sexual_harassment.html

How to Attend Postcrossing Program

How to Attend the Postcrossing Program
Have you ever craved to travel all around the world without spending any money Have you ever wanted to broaden your horizon and learn more about exotic customs from other countries Your wishes are going to come true by attending the postcrossing program. Postcrossing is an online program, which allows its members to send and receive a postcard back from a random member somewhere over the globe. By attending this plan, you will be likely to not only improve your writing skills but also be exposed to different languages from other members. Taking part in the postcrossing project is simple when you follow these instructions. The first step is to sign up as a postcrossing member. Provide your approximate location, account details and your complete address in English. After you receive the confirmed e-mail, log in, and then you will become one of the postcrossing members. The second step is to request for a postcard. All you need to do is click the button, ???send a postcard???. After that, you will receive an e-mail with the address and postcard ID of another member??™s. A postcard ID is a unique code that can identify your postcard. Next, check up your receiver??™s profile and get to know more about him or her and what types of postcards he or she is interested in. The third step is sending your postcard along with the postcard ID. Write something special messages on your postcard, for example, some Chinese words and their English translation, or introduce some Taiwanese traditions and cultures. Remember to write the receivers address at the right corner and stick the stamp at the upper right corner of the postcard. After that, you have to wait patiently. As soon as the member receives your postcard and registers the postcard ID, you are able to obtain a postcard from another random assigned member. Finally, you will need to register your postcard ID as well, and then you can request for another postcard to be sent to another member. So, are you ready to send your first postcard

Corporate Compliance

Running Head: Riordan Corporate Compliance PlanRiordan Corporate Compliance PlanUniversity of PhoenixJeremy BrooksCorporate Compliance Plan I. Organization Overview Riordan was founded in 1991 by a professor of chemistry named Dr Riordan. He developed several products and obtained patents relative to processing different polymers into high strength plastic substrates (University of Phoenix, 2004). The company started as Riordan Plastics, in 1993 changed to Riordan Manufacturing with the acquisition of a manufacturing plant in Albany, GA. In today??™s time, Riordan has expanded their manufacturing plants to include on in China. They produce plastic fan parts in the China plant and the Pontiac, Michigan facility makes custom plastic parts. Riordan services several industries, including auto parts and aircraft manufacturers, the department of Defense, beverage makers and bottlers, and appliance manufacturers. This company employs 550 people within their facilities. They have revenues in excess of $1 billion and annual earnings of $46 million (University of Phoenix, 2004). II. Corporate Compliance Overview
Riordan has established a Corporate Compliance Plan tailored to the company??™s line of business. In keeping with the changing business, Riordan is dedicated to managing, manufacturing, and operating our products in an ethical and moral manner. Riordan will conduct its business in compliance of the laws of whatever jurisdiction that it does business, whether its local, state, or federal regulations. This Compliance Plan was adopted so that Riordan may fulfill its obligations to observe the laws and public policies that affect our business. This plan will us the recommendations found in the Committee of Sponsoring Organization of the Treadway Commission, or COSCO (, 2010). The cooperation of all employees is necessary for this plan to be effective. It will contain resources for questions that may arise about appropriate conduct in the workplace. Instances in which questions do arise, will be directed to the President, Dr Michael Riordan, or the Corporate Compliance Officer that will be appointed by the Riordan Board of Directors.
III. Code of Business Conduct and Ethics
The Code of Business Conduct and Ethics applies to all Riordan employees, officers, and directors. This company is proud of the way they conduct business and will continue to conduct the highest level of business ethics and integrity. This will organize and emphasize the way the company is committed to compliance to the law. It will also set standards of ethical behavior, and help prevent any wrongdoing.
IV. Ethical Standards of conduct
A. Conflict of Interest:
i. Conflict of interest occurs when a person??™s private interest interferes with the interest of our company. This situation may arise when a employee actions may have an interest that makes it difficult for him or her to perform company work objectively and effectively. Another conflict may arise when an officer, director, or employee, or a member of their family receives an improper personal benefit from his or her status or position.
ii. All conflicts must be reported to Riordan immediately. No action will be taken unless the Compliance Committee has done their due diligence and found that there was a violation against our policies. Riordan will take action for a violation that is in the best interest of the company and its investors.
B. Standards of Conduct
i. The objective of this plan is to aid in identification and correction of any violation that has been found or reported. To attain this goal, Riordan states that all employees have a duty to report to designated individuals any perceived violation of any policy or procedure. The designated individuals are the Compliance Officer, or the President Dr Michael Riordan. These individuals have been appointed to oversee this plan and ensure all violations are investigated and treated equally no matter what the violation is.
ii. Riordan expects all employee to report such violations freely and feel comfortable doing so. Riordan will ensure all reports are kept confidential and will support the employee who comes forth. To ensure employees have the option to report violation, Riordan has set up a compliance hotline in which employees can report these violations anonymously. This number is (866)-555-1212. The reporter must leave enough information where Riordan can conduct an investigation. No retribution or adverse action will be taken on any employee who chooses to come forward and file a report.
iii. Individuals who fail to follow the rules and regulation of this Compliance Plan, may be subject to dismissal, probation, oral reprimand, criminal charges, and monetary fines. With any questions or comments regarding a possible violation of this plan or policy, forward them to the listed individual above or call the hotline.
C. Use of Company Assets
i. Company assets need to be protected and used soley for company use. Any employee shall not disclose any confidential information during or after employment of the company for the benefit of another entity or person. Confidential information includes physical facilities, office equipment, intellectual property rights, records, computer software, personnel data, financial data, proto type, trade secrets, technical or engineer information, current or future business plans, product specification, research, develop information, and any other information relating to the company, its customers, or any subsidiaries.
ii. In conducting business, all employees have to comply with the regulations and laws that govern patents, copyrights, trade secrets, all forms of intellectual property owned by the company or a third party. Any employee who violates this code and reveals confidential information may be subject to investigation and may lead to termination of their employment.
D. Transaction outside the United States
In today??™s global economy, Riordan will be conducting some of it business outside of the United States. We expect all employees who conduct business in other nation to follow this plan and the rules and regulations of the nation where the business is conducted. There must be no types of bribes, or anything of value given or offered to any ranking official of another nation for monetary gain of the individual or the company. Any agreement made with a third party involving overseas transaction, must be in writing and authorized by the board of directors.
V. Corporate Governance
A. Riordan Managers, Board Members, Directors, and employees have a direct responsibility to shareholders to comply with policies, regulations, and guidelines set by the company and any governing regulation. Riordan will focus on recognizing all employees as a part of this corporate process and will be the key element for us to have a more balanced governance structure. To ensure constituencies in this Plan, shared responsibility of complying with Sarbanes-Oxley Act, our policies and regulations, and our responsibility to our shareholders will be among all employees.
B. Board of Directors Duties
Responsibilities of the Board will be to uphold the organization??™s mission and values. They will evaluate and monitor Riordan??™s fiscal management and are accountable to shareholders. They will represent the corporation to the public and approve any media communications. The board will review and approve annual budgets, any new or revised policies, and ensure that there are adequate resources readily available to the organization. The board will be responsible for screening and hiring any directors or high-level employees. The board will monitor and establish long-range planning for Riordan and evaluate our effectiveness. The board will not be involved with the day-to-day operations of Riordan and its subsidiaries. The board of directors will be monitored and elected by the shareholders through general meetings.
C. Compliance Officer Responsibilities
The Corporate Compliance Officer will oversee the Compliance Program and will review and evaluate any issues or concerns that arise within the organization. This individual will be responsible for ensuring that all employees, including the Board of Directors, management, salary, and hourly employee are following the company rules, regulation, policies, and any regulations set by governing organizations. He or she will collaborate with other departments to educate and train employees on compliance issues. This Officer will report to the President and the Board of Directors. Officer will work with human Resources to initiate the training of compliance for new employees and coordinate ongoing training for existing employees and managers.
D. Human Resources
Human resources will be responsible for utilizing effective screening and hiring procedures to ensure that Riordan employees will adhere to the standards of conduct that we have established. The screening will be completed only if the applicant has been given offering to a position with our organization. We will require our HR employees to attend any training that is necessary throughout a given year. This will ensure that they are kept up-to- date on the current laws and will assist in establishing policies and regulations.
E. Management
i. An effective manager must be able chose from intervention based on the individuals learning needs, styles, and personal charactericts. Managers must reinforce the rules and regulation of our policies and regulations. Managers will identify any risks that may be present in their employee??™s actions. Managers will report any violation to the Compliance Officer and will assist with any investigation of such violations. Managers will be knowledgeable about this plan and the rules and regulation that govern them.
F. Enterprise Risk Management (ERM)
i. ERM goal is to provide reasonable assurance regarding the achievement of our organization??™s objectives by identifying events that may affect the organization and managing risk to be competitive and remain profitable (, 2010). ERM will assist managers align risk decisions and form a strategy that follows Riordan??™s guidelines for what types of risk we are willing to take. Committee of Sponsoring Organization, or COSO, is a company that deals with compliance management and using their model can assist us in managing our ERM. COSO has eight components of ERM and we will incorporate them into our organization. When we find that all eight of those components are present and effective on a regular basis, we will classify our ERM program effective. Possessing an effective ERM and employees who are supportive of this will serve as a foundation for a balanced corporate compliance plan (, 2010).
G. Prevention, Control and Corrective Actions
i. Riordan need to be prepared to protect their assets for any unforeseen risk they may encounter within our global business. We have preventative measure within our business model to focus on the day-to-day operations. These types of measures will protect us from product liability risks and will ensure our effectiveness in product manufacturing. To protect our organization and its shareholders, we will research all possible financial meaning to the company of investments or agreements that we enter to ensure the benefits will increase our position within the industry.
ii. The Corporate Compliance Officer will be directly responsible for any violation investigation. Any report that is filed will be handled with confidentiality within the corporations??™ obligations to protect employee??™s information. If the result of the investigation is an individual or group of individuals are guilty of a violation, the Compliance Officer and the President will decide if the action will be employee discipline, termination, or a combination of either and any legal proceedings that may be necessary. There may be instances in which Arbitration Dispute Resolution may outweigh the possibility of litigation. This would be a peer review and we would use a counsel appointed by the Compliance Officer of managers and HR employees.
H. Conclusion
Rirodan??™s Corporate Compliance Plan has been established to make all employees aware of the legal and ethical conduct we expect from our employees. It is not an entire list of the principles and laws that govern our company, however is a plan that is used with your good faith to our company and you daily routine of representing our company with the best interest of Riordan and its subsidiaries. References
University of Phoenix. (2004). Riordan Manufacturing [Computer
Software]. Retrieved from University of Phoenix, Simulation,
Business Law LAW/531 website
(2010).? Committee of Sponsoring Organizations .? Retrieved from http://www.coso.org
Jennings, M. (2006). Business: Its legal, ethical, and golbal environment. ? .

How to Assist the Orphan in Class Her Parents Died to Hiv

An estimated 5.6 million people were living with HIV and AIDS in South Africa in 2011, the highest number of people in any country.1 In the same year, 270,190 South Africans died of AIDS-related causes. Although this number reflects the huge amount of lives that the country has lost to AIDS over the past three decades, it is 100,000 fewer deaths than in 2001, demonstrating the many lives that have been saved through a massive scale-up of treatment in the last few years.2 Although the history of the HIV response in South Africa has been seriously impeded by leaders who doubted the science behind AIDS and ARVs, in the last few years the country has become home to the worlds biggest programme of HIV treatment, and the countrys life-expectancy has gained five years.3 4 HIV prevalence is 17.3 percent among the general population, but varies a lot by region.5 In KwaZulu-Natal, the region with the highest prevalence, just under 40 percent of 15-49 year-olds are living with HIV.6 Provinces at the lower end of the scale include Western Cape and Northern Cape.7
back to top Impact of HIV upon South Africa The impact of the HIV and AIDS epidemic has been seen in the dramatic change in South Africa??™s general mortality rates. The overall annual number of deaths increased sharply between 1997, when 316,559 people died, and 2006 when 607,184 people died.8 Those who are particularly shouldering the burden of the increasing mortality rate are young adults, the age group most affected by the epidemic;9 almost one-in-three women aged 25-29, and over a quarter of men aged 30-34, are living with HIV.10 The link suggests that AIDS was the principle factor in the overall rising number of deaths. However, life-expectancy has risen vastly since 2005.11 We have more about South African HIV and AIDS statistics. Impact upon children and families South Africa??™s HIV and AIDS epidemic has had a devastating effect on children. The age bracket that AIDS most heavily targets ??“ younger adults ??“ means it is not uncommon for one or more parents to die from AIDS while their offspring are young. The number of premature deaths due to HIV/AIDS has risen significantly over the last decade from 39 percent to 75 percent in 2010.12

A grandmother with children orphaned by AIDS The loss of a parent not only has an immense emotional impact on children but for most families can spell financial hardship. One survey on HIV??™s impact on households found that, ???80 percent of the sample would lose more than half their per capita income with the death of the highest income earner, suggesting a lingering and debilitating shock of death.???13 It is estimated there are 1.9 million AIDS orphans where one or both parents are deceased in South Africa,14 and that the HIV and AIDS epidemic is responsible for half of the country??™s orphans.15 Another estimate puts the proportion of maternal orphans ??“ those who have lost their mother ??“ orphaned by AIDS as over 70 percent.16 Orphans may put pressure on older relatives who become their primary carers; they may have to relocate from their familiar neighbourhood; and siblings may be split apart, all of which can harm their development. The National Strategic Plan 2012-2016 aims to lessen the impact of HIV on orphans, vulnerable children and youth by ensuring they have access to the social services they need, including basic education.17 In some cases orphaned, often HIV infected, children are cared for by institutions, such as the Mohau Centre in Pretoria.18 Institutions such as this deliver essential care and support for children throughout their childhood years, many of whom have special needs. As treatment has improved and become more available, children are surviving beyond childhood. Whilst this is a great achievement, governments now need to consider how to deliver care and support for HIV-positive orphans that have survived into adulthood.19back to top HIV prevention in South Africa Prevention of mother-to-child transmission A child of an HIV positive mother, at the Raphael Centre in Grahamstown, South Africa. The impact of HIV and AIDS on children has been vast, but since 2009 South Africa has had one of the sharpest declines in new infections among children.20 In 2011, more than 95 percent of pregnant women with HIV received treatment to prevent the infection of their child.21 Yearly infections in children have dropped from 56,500 in 2009 to 29,100 in 2011.22 Between 1990 and 2001 the infant mortality rate increased significantly from 44 deaths per 1000 infants23 to 56.9 per 1000 infants.24 The trend continued into the early 2000s, when South Africa was one of the few countries of the world where child and maternal mortality increased.25 Although infant mortality remains high in South Africa, it has declined steadily since 2003 to a mid-year estimated rate of 37.9 per 1000 infants in 2011.26 Around 30 percent of pregnant women in South Africas 2009 National Antenatal Survey were HIV positive, demonstrating the need for South Africa to deliver effective PMTCT programmes.27 South African guidelines for PMTCT issued in 200828 were heavily criticised for not meeting World Health Organization recommendations. The WHO recommended a cover-the-tail strategy, which used antiretroviral drugs AZT and 3TC for the mother during labour and postpartum to reduce the risk of HIV transmission and drug resistance.29 The Treatment Action Campaign responded to South Africas omission of using this strategy in the guidelines, stating, ???The ???cover-the-tail??™ strategy was strongly recommended by expert HIV paediatricians who advised the Department of Health on the new protocol; we are disappointed that this well-founded recommendation has been ignored.???30 In 2010 South Africa released new PMTCT guidelines, which are more in line with WHO recommendations. In South Africas guidelines HIV-positive pregnant women are advised to start treatment when their CD4 count drops below 350 cells/mm3; all pregnant women who test HIV-positive will begin receiving treatment at 14 weeks rather than in the last term of pregnancy; and HIV-positive women are advised to receive antiretroviral drugs postpartum.31 South Africas National Strategic Plan of 2007-2011 set out a target to reach 95 percent of HIV positive pregnant women with PMTCT prophylaxis by 2011, which was met.32 33 A review of the National Strategic Plan found that in 2010, the rate of transmission from mother to child (MTCT) at six weeks after birth had been reduced to 3.5 percent.34 The latest National Strategic Plan aims to reduce MTCT to less than 2 percent at six weeks after birth and less than 5 percent at 18 months by 2016.35 HIV and AIDS awareness There are a number of large scale communication campaigns related to raising awareness of HIV and AIDS as well as broader health-related issues. In April 2010, a large HIV counselling and testing (HCT) campaign was launched, a principle part of which was to scale up awareness of HIV.36 The government aims to bring about general discussion of HIV throughout the country by using the media. Strategies include publicising the availability of free testing and counselling in health clinics through door-to-door campaigning and billboard messages, and using vox pops to highlight personal experiences and expel the myths and stigma of HIV. The government aims to cover 50 percent of the population with the campaign message. A 2010 survey found evidence of a link between the amount of exposure a person has had to communication programmes and whether the individual had been tested.37 Soul City and Soul Buddyz are two multi-media campaigns ??“ targeted at adults and children, respectively ??“ that have a combined annual budget of R100 million (around 13 million US$), and utilize broadcast, print and outdoor media to promote good sexual health and well being.38 In 2011, research into the impact of the Soul City campaign found that it was having a positive effect on the sexual behaviour of adults that had been exposed to the campaign message.39 The campaign loveLife has run since 1999 and uses a wide range of media directed mainly towards teens.40 It also runs youth centres or ???Y-centres??™ around the country, which provide sexual health information, clinical services and skills development.41 In 2005, The Global Fund to Fight AIDS, Tuberculosis and Malaria withdrew funding for loveLife questioning its performance, accounting procedures, and governance structure among other aspects.42

loveLife advertising HIV prevention A major survey in 2008 assessed how these campaigns are being received by the population. Over four-fifths of South Africans had seen or heard at least one aspect of the four campaigns, up from less than three-quarters in 2005. Awareness messages were best received by 15-24 year olds, the target audience of many of these campaigns, 90 percent of whom had experienced at least one of the campaigns. This declined with age so that just over 60 percent of those aged 50 and above had seen or heard at least one of the four campaign messages.43 Despite the improved reach of these awareness campaigns, accurate knowledge about HIV and AIDS is poor. Of particular worry is the lack of knowledge regarding how to prevent sexual transmission of HIV. Across all age groups and sexes less than half of all people surveyed knew of both the preventive effect of condoms and that having fewer sexual partners could reduce the risk of becoming infected. More troubling still is the fact that accurate knowledge has significantly decreased in recent years.44 Condom use and distribution Condom use in South Africa is growing, with the percentage of adults aged 15-49 using a condom during their last sexual encounter increasing from 31 percent in 2002 to 64.8 percent in 2008.45 Younger people show the highest rates of condom use, which bodes well for the future of prevention, and could explain the decline in HIV prevalence and incidence among teenagers and younger adults.46 The 2009 National Communication Survey on HIV and AIDS also found that 15 percent of married men and women used a condom at last sex compared to 74-83 percent men and 55-66 percent of women who had casual sex or one night encounters, identifying the need for prevention programmes to further target married couples.47 In 2007, 256 million male condoms were distributed by the government, down from 376 million in 2006. Over 3.5 million female condoms were distributed in 2006 and 2007.48 HIV and sex education South Africa Youth Sex Survey 2012

HIV and sex education exists in schools as part of the wider Life Orientation curriculum which was implemented in 2002 and also covers subjects such as nutrition and careers guidance.49 According to a comparative risk assessment for South Africa, unsafe sex ranks as the number one risk factor associated with the loss of potential years of life.50 The quality of the education, however, is hindered due to a lack of training of teachers, and an unwillingness on the part of teachers and schools to provide this education. Training for Life Orientation often takes place outside of school hours which acts as a disincentive to training. The shortage of trained teachers may result in just one teacher in a school being able to teach such classes, and school management could be resistant to what is being taught. This has led teaching unions to call for a Life Orientation module to be included in all teacher training.51 In some cases, gaps in the delivery of the Life Orientation curriculum may be filled by independent organisations.52 In one survey, some teachers reported feeling uncomfortable about teaching a curriculum that contradicted with their own values and beliefs. Another problem was believed to be the disadvantaged home life of the students, with some teachers believing poor role models at home did not help to reinforce HIV prevention messages received in the classroom.53 The high dropout rate in South African schools could also compromise effective HIV and sex education. This could mean it is all the more necessary to direct prevention programmes towards younger children while more of them are in education and before most are sexually active.54 Circumcision Several large studies of male circumcision and HIV have produced firm evidence that the procedure reduces by 60 percent the risk of sexual transmission of HIV from women to men.55 As a result, the government has included voluntary medical male circumcision (VMMC) as an integral part of its HIV counselling and testing (HCT) campaign.56 The campaign aims to offer all men aged 15-49, and the guardians of infants below 6 months of age, voluntary medical circumcision at public health facilities in all provinces by 2011. In April 2010, KwaZulu-Natal became the first province to offer VMMC services. It is evident that circumcision has some popularity. According to a 2011 youth sex survey in South Africa, 78 percent of women prefer their partner to be circumcised.57 The scale-up of VMMC has meant that the country, along with Kenya and Zambia, was ranked one of the highest globally, in terms of number of circumcisions performed in 2010. In 2009 9168 men were circumcised and in 2010 this increased to 131,117.58 It is estimated that a programme with full coverage of male circumcision could prevent half a million infections and 100,000 deaths within a decade, with these figures rising in the decades to follow.59back to top Antiretroviral treatment in South Africa Demonstration at South African AIDS Conference South Africa has recently had one of the largest increases in treatment access in the world, with a scale-up of treatment services of 75 percent between 2009 and 2011.60 In October 2012, South Africa reached the target of universal access to treatment as the total number of people receiving treatment reached 2 million (or 80 percent of all in need of treatment).61 The huge scale-up of treatment in South Africa is especially impressive in the context of years of doubting the effectiveness of treatment at the highest levels of government, and the initial delay and slow pace of delivering a public ARV programme. Thabo Mbeki, president of South Africa from 1999 to 2008, often sought the opinions of AIDS denialists, including many of them on his Presidential AIDS Advisory Panel. Both Mbeki and his health minister, Manto Tshabalala-Msimang, questioned the effectiveness of ARVs, with the latter infamously promoting beetroot and garlic consumption as a way of fighting HIV infection. In April 2013, research found that HIV-positive South African adults who begin antiretroviral treatment early – when their CD4 count is above 200 cells/mm3 – can expect a near normal life expectancy.62 The task of continuing to provide a high level of access to antiretroviral therapy in South Africa now faces a set of new challenges. Treatment guidelines The level at which someone begins antiretroviral therapy has a great impact on their chances of responding well to treatment. The WHO now recommends that all countries, including those that are poorly resourced, begin treatment at a CD4 count of <350 cells/mm3.63 In 2010, the South African government released guidelines that did not adhere to WHO recommendations. Advocates of raising the treatment threshold to <350 cells/mm3 acknowledged that this would require greater expenditure but argued it would be cost effective in the long run. A representative from the Treatment Action Campaign said, ???This is going to be expensive to implement, but these recommendations will eventually lead to cost savings. It??™s a cost that has simply been deferred.???64 In 2011 the government amended treatment guidelines so that treatment is initiated at a cell count of <350 cells/mm3.65 66 This was a hugely positive step towards universal access to treatment in South Africa. Late initiation of treatment Delays in initiating treatment mean that the average starting point of antiretroviral therapy is a CD4 count of 87 cells/mm3. Dr Francois Venter remarked that patients in his Johannesburg clinic commence treatment at a CD4 count of 80-100 cells/mm3, a level that has not changed in four years.67 A study based in two Durban clinics found most patients were tested at a late stage of infection with over 60 percent of CD4 counts below 200 cells/mm3. Of these patients just 42 percent had begun treatment within 12 months. The late stage at which people with HIV and AIDS in South Africa are diagnosed and the subsequent delay in getting these people on to treatment has devastating consequences. Of those who were eligible for treatment, more than a fifth died, mostly before beginning treatment.68 Failure to begin or late initiation of treatment is usually attributed to a lack of HIV testing and problems accessing treatment. However, it has been reported that some individuals refuse antiretroviral treatment, despite being eligible. A study in Soweto, South Africa found that of 743 newly diagnosed, HIV-infected adults eligible to immediately begin treatment, 20 percent refused referral to treatment.69 More than a third gave "feeling healthy" as the reason for refusing treatment. This research indicates a need for further research into why individuals refuse treatment and how to increase treatment uptake among ART refusers.70 Child treatment Children at the Raphael Centre in Grahamstown, South Africa in July 2003. According to the South African government, provision of HIV treatment for children has greatly increased in recent years. In 2007, more than 32,000 children were receiving antiretroviral therapy, a 250 percent increase on 2005??™s figure, though still only meeting half of the estimated need.71 72 A major trial in South Africa, the CHER study, found the risk of death decreased by about three-quarters when infected infants under 12 months began treatment immediately after being diagnosed with HIV, compared with a control group which received treatment at a late stage of infection.73 During late 2009 and early 2010 the government committed to testing all children exposed to HIV and providing all HIV-positive children with antiretroviral drugs.74 75 However, in November 2010 it was reported that almost a third of KwaZulu-Natal hospitals in a survey had no recent records of ARV treatment initiation for HIV-positive infants. Authors of the research blamed mothers reluctance to get their children tested for HIV and health workers confusion over the national treatment guidelines.76 Sustaining treatment programmes For antiretroviral therapy to work, patients must adhere to a daily regimen of ARVs for life. Interrupting treatment can result in HIV becoming drug resistant, making first-line therapy no longer effective. Therefore, keeping patients on treatment programmes is imperative and the rise in patients failing to follow up their ART after 36 months is particularly worrying.77 Stockouts in Free State show how ARV treatment programmes can be victims of poor management and budgetary constraints, factors that could worsen as treatment programmes aim to expand, and if poor economic conditions continue. After overspending and a failure to apply for emergency funding, in November 2008 the provincial government of Free State stopped initiating new patients on antiretroviral therapy. It was estimated by the Southern African HIV Clinicians Society that at least 30 people were dying daily due to an inability to access ARVs, and 15,000 people were put on waiting lists for treatment. Patients who had been taking ARVs also had to interrupt their treatment.78 A Treatment Action Campaign worker said, ???It makes me feel bad when people come here and find that there are no drugs; they come back to me and say, ???What are we supposed to do with no drugs Should we wait and develop resistance??™???79 The national HIV counselling and testing (HCT) campaign aimed to test 15 million by 2011.80 As of that year, over 14 million people were counselled and almost 13 million people were tested for HIV.81 This likely resulted in an increase in demand for treatment. However, reports in early 2010 of drug and equipment stock outs, and some hospitals without electricity or running water, prompted concerns about the administrative capacity of health authorities to deal with an influx of new patients.82 The TAC identified that the government must eliminate the barriers that hinder positive developments in policy.83 These include the shortfall between the amount of drugs purchased and those needed, the delay in the registration of new drugs and the level of debt in provincial Departments of Health. Nevertheless, since the beginning of 2010 there have been some notable improvements regarding the delivery of antiretroviral treatment. For example, only 490 health centres provided ARVs in early 2010 compared with 2205 health centres in late May 2011.84 Moreover, under previous tender prices it would have cost the government more than R8.8 billion to treat people with antiretrovirals.85 However, a tender awarded to 10 pharmaceutical companies, at the end of 2010, cost 53.1 percent less than had been paid previously.86 87 Following this massive reduction in the price of antiretroviral drugs, the government can now treat twice as many people as before. Food insecurity also has considerable implications on whether individuals remain on treatment. Many people living with HIV in South Africa are unable to access nutritious food, which can result in malnutrition. Malnutrition can impact significantly on both a person??™s ability to adhere to treatment and on the effectiveness of antiretroviral drugs. In some cases, individuals living with HIV are faced with the dilemma that access to antiretrovirals has made them too healthy to qualify for a disability grant, and without this source of income people cannot afford food.88 There have been instances where people have chosen not to adhere to their HIV treatment properly so that their cell count remains at a level where they are considered disabled. Task-shifting One measure seen as vital in scaling-up treatment access, while making best use of available resources, is task-shifting in the health sector. This means permitting health care workers to become involved in particular stages of treatment provision where currently they are not allowed. Under task-shifting, nurses, rather than doctors, can initiate antiretroviral therapy; lay counsellors, rather than nurses, can carry out HIV tests, as well as provide support for orphans usually done by social workers; and pharmacy assistants, rather than pharmacists themselves, can prescribe ARV drugs.89 90 It is believed task-shifting vastly increases the access points to treatment and care by reducing the ???bottlenecks??™ in the system created by a lack of staff able to perform certain tasks. Many campaign groups supported task-shifting and claim it is crucial to the goal of making HIV treatment much more widely available. Four prominent HIV/AIDS organisations called on the national and regional health departments to issue directives permitting the transfer of certain responsibilities and asked professional medical, nursing and pharmacist bodies to support task-shifting.91 A recent study in South Africa supported task-shifting to nurses, after it found that the care of patients receiving antiretroviral treatment was not inferior when they were monitored by nurses rather than by doctors.92 Dr Eric Goemaere, Medical Coordinator for MSF in South Africa and Lesotho, said, ???Our experience in Khayelitsha and Lusikisiki, as well as from other countries shows that unless we are able to utilise the skills and capacity of professional nurses at the primary health clinics, the congestion and overwhelming demand will negatively impact patient care. Other countries have changed their regulations to allow nurses to start patients on antiretroviral treatment and lay counsellors to administer HIV tests. When will South Africa wake up???93 In the 2010 budget speech, the Health Minister, Motsoaledi announced that ???human resource capacity??? was one of the ???teething problems??? experienced whilst implementing plans to increase the number of health facilities providing ARVs from 496 to 4,333.94 It wasn??™t until May 2010 that South Africa implemented task-shifting. Health minister Motsoaledi approved the new regulations, which allow a person who is not a healthcare provider (such as a lay counsellor who has received training in taking blood) to do so.95 The governments HIV counselling and testing (HCT) campaign96 is expected to have widespread reach and with task-shifting now approved, the success of this campaign is promising. However, although task shifting by nurses has been encouraged by Motsoaledi it is unclear whether this has been officially approved by a change in legislation.97 Nevertheless, in 2011 it was announced that the number of nurses trained to administer ARVs has increased from only 250 nurses in early 2010 to 2000 nurses in May 2011. It is evident that these changes have resulted in some success. In Johannesburg, a comparison was made between a group of people who were treated at a nurse-managed primary health centre and a group who were treated at a doctor-managed, hospital-based, specialised ARV clinic. After 12 months, the combined rate of death and loss to follow up was found to be 1.7 percent versus 6.2 percent respectively.98 To support this task shifting initiative, the Iteach Programme in KwaZulu-Natal is training traditional healers (Sangomas) at local health institutions, to gain counselling qualifications so they are qualified to provide counselling and condoms. Around 80 percent of people living with HIV in the province visit a traditional healer before seeing a doctor.99 Increasing the knowledge and skills of traditional healers and giving them legal authorisation to carry out certain tasks, will further reduce the workload on doctors and nurses. It is hoped that this initiative will help curb the epidemic by developing existing tradition-based healthcare points, rather than through national health facilities alone, which are often inaccessible for rural people. As task-shifting spreads among health facilities it is important that the potential benefits are not lost due to logistical planning failures, for example shortages of HIV testing equipment.100 During 2010 some provinces experienced widespread wage shortages for lay counsellors, which disrupted the delivery of the HCT campaign.101 The future of HIV/AIDS treatment in South Africa South Africa is facing up to the necessary challenge of finding greater resources for the epidemic. Of all low- and middle-income countries, South Africa has made the highest domestic investment in HIV/AIDS services.102 As more people have access to life-saving treatment, large steps can be seen in reducing the impact of AIDS on South Africa; between 2001 and 2010 AIDS-related mortality decreased by 21 percent.103 However, the risk of losing HIV patients to follow-up has increased recently, suggesting that this may be a side effect of the strain of rolling out such a large ARV programme.104 The National Strategic Plan (NSP), a multisectoral response to South Africa??™s AIDS epidemic, aims to ensure that 80 percent of people who are eligible for treatment continue to have access to it, along with care and support, in 2016.105 The Health Systems Trust released a review in 2012 which predicted that the country will need up to US$5.3 billion extra every year to sustain its HIV and AIDS response, particularly in financing treatment.106 Human resource shortages, late initiation of treatment, and sustaining the increasing numbers of people who start treatment will all need to be addressed in order for the NSP to be achieved. In South Africa, employment prospects for a person living with HIV increase sharply with access to antiretroviral treatment.107 In order to ensure access to HIV treatment for their workers, an increasing number of companies in South Africa provide HIV treatment through workplace health schemes and, following a study demonstrating the positive impact of such programs, these numbers a likely to rise.108 These schemes have the potential to, not only attain greater health and well-being among people with HIV, but also to strengthen South Africas companies and economy. For the first time, in April 2013, South Africa began distributing single, fixed-dose combination pills. Pregnant and breastfeeding women, people co-infected with TB and HIV, and those newly diagnosed as HIV positive will be the first to receive the new all-in-one pill ??“ a combination of tenofovir, efavirenz and emtricitabine.109 110 Moving towards single, fixed-dose treatment regimens will help address issues that hinder the success of South Africas treatment programmes, such as drug stock-outs and drug resistance. For instance, taking a single pill per day is much easier to adhere to, which will likely result in a reduction in drug resistance among people taking HIV treatment. back to top People more at risk of HIV Certain groups of people are more at risk of becoming infected with HIV, such as men who have sex with men (MSM), sex workers and their clients and people who use drugs.111 Other at-risk groups in South Africa include people with disabilities, young people not attending school and people who live in informal settlements known as squatter camps. Often, individuals that fall under these groups have a low socio-economic status, which is also a factor that increases vulnerability to HIV. One of South Africa??™s current objectives, in the National Strategic Plan, is to address wider problems that much of the population face, such as poverty, in their HIV prevention efforts. The plan also addresses social factors, such as stigma and discrimination. These factors can act as a barrier to accessing prevention, treatment and care and therefore facilitate the spread of HIV among high-risk groups and the general population.112 HIV services that target specific groups can help to overcome the barriers inhibiting access to healthcare. However, as of 2011, there were no national services within South Africa to address the needs of key populations, such as men who have sex with men (MSM), to overcome some of these specific barriers.113 Gay men and HIV in South Africa In South Africa an estimated 9.2 percent of all new HIV infections are related to men who have sex with men.114 Prevalence among this group varies geographically and is particularly high in some parts of the country. In a study of MSM in Johannesburg, half the participants were living with HIV,115 but across South Africa prevalence amongst this group is 9.9 percent.116 Many men find it hard to disclose their sexuality to mainstream health??“care workers, and of those that have, reports of homophobic attitudes are common. There is a great need for targeted services for MSM and for health-care workers in general to receive sensitivity training around the needs of this at-risk group.117 South Africa is one of the few countries in Africa where homosexuality is legal and there are national polices that emphasize social justice and non-discrimination. Therefore the country has the potential to develop these policies into effective HIV services that address the needs of MSM. This would lead the way for other low- and middle-income countries towards meeting the specific needs of gay men in Africa and elsewhere.118 Sex workers and HIV in South Africa Sex work is a big aspect of the epidemic in South Africa, with an estimated 19.8 percent of all new HIV infections relating to transactional sex in 2010.119 Sex workers are often exposed to various factors that make people more vulnerable to HIV. They may inject drugs, live in poverty and be subjected to gender-based violence.120 One study found that a group of women working at a truck stop were often unable to ask clients to use condoms, as violent reactions to the request were common.121 Educational organisations have reported difficulties in delivering HIV prevention services to sex workers due to constant police harassment. Another study found that 70 percent of women who sold sex had experienced abuse by police.122???He put me on the floor. The police officer raped me, then the second one, after that the third one did it again. I was crying after the three left without saying anything. Then the first one appeared again??¦ He let me out by the back gate without my property. I was so scared that my family would find out. ??? - Female sex worker, Cape Town123 To curb the HIV epidemic in South Africa, it is vital that sex workers have the ability to protect themselves through access to the same legal protection that other citizens have. back to top Gender violence, inequality and HIV in South Africa Heroes of HIV: The Motivator Violence against women, including sexual violence, is widespread in South Africa. In a large survey, more than four-in-ten South African men reported having been physically violent to an intimate partner.124 Over a quarter of men reported raping a woman in their lifetime with nearly one-in-twenty committing rape in the previous year.125 The sample included men of all racial groups and of a range of different socio-economic backgrounds. The generally high HIV prevalence among all men surveyed means there is a high chance that a man who commits rape could transmit HIV. The violence that many South African women face ??“ revealed by such high levels of rape and domestic abuse ??“ is a factor in the country??™s HIV epidemic. Women who are unable to negotiate safer sex and the use of condoms will inevitably be at a greater risk of HIV. Research has found that women who have been physically and sexually assaulted by their partners, as well as those who are in relationships with men who have a greater degree of control over them, are at a higher risk of HIV infection.126 It is estimated that nearly one in seven cases of young women acquiring HIV could have been prevented if the women had not been subjected to intimate partner violence.127 This highlights how HIV and healthcare services cannot be separated from women??™s rights, and that HIV prevention strategies need to challenge social norms around masculinity and sexual entitlement.128 One intervention that has been found to be successful in preventing HIV and providing other assistance among women who have been victims of sexual violence is the Refentse model for post-rape care.129 130 This approach was trialled in a rural hospital and involved integrating violence counselling, HIV testing services and nurse dispensed post-exposure prophylaxis into HIV and health services that already existed. The hospital now provides one service for women in need of timely post-rape care. The model has improved access to trauma counselling, emergency contraception and referrals.131back to top HIV testing in South Africa HIV testing is vitally important in order to access treatment, and knowledge of one??™s positive status can lead to behaviours to protect other people from infection. The 2007-2011 National Strategic Plan aimed for one quarter of all people to take a test every year by 2011, with the proportion of those ever taking a test rising to 70 percent.132 The latest National Strategic Plan has set out more ambitious targets, aiming to ensure that everyone in South Africa is voluntarily tested every year.133 An HIV rapid test kit used in voluntary counselling and testing in rural South Africa In 2010, a quarter of the population aged between 15 and 49 had been tested for HIV in the last 12 months.134 The launch of the national HIV counselling and testing (HTC) campaign in April 2010 had resulted in a remarkable increase in the number of people accessing testing. In his 2011 health budget policy speech, health minister Motsoaledi announced that 11.9 million people now test for HIV each year. It is evident that there is a link between an individual??™s socio-economic background and the likelihood that they will test for HIV. For example, those who have taken an HIV test and know their result are more likely to have a higher level of education, be in employment, have accurate HIV knowledge, and a higher perception of risk, among other factors.135 These links suggest that an improvement in the general standard of living would be beneficial to the uptake of testing. Another significant factor determining HIV testing is whether an individual lives in a rural or urban setting, with those residing in the latter almost twice as likely to have been tested than those in the former. Testing facilities should therefore be made more accessible for hard to reach rural populations, possibly with mobile testing units.136HIV prevalence within prisons is often far higher than in the general community, yet prisoners are often neglected and overlooked by HIV testing. In an attempt to provide vulnerable populations with HIV testing services, South Africas corrections service has stepped up testing for prisoners and correctional service staff in Kwazulu-Natals prisons. In mid- 2010 it was announced that around 21,000 prisoners would receive HIV counselling and testing.137 One creative way of providing testing for the general population has been demonstrated by a colourful camper-van, the Tutu Tester, that tours Cape Town neighbourhoods, testing around 50 people per day. Its success is largely due to the fact that it offers testing for a number of chronic illnesses.138???Many of our patients have told us that they prefer not to go to public clinics for an HIV test because they are afraid of being seen by people they know. Because we test for other diseases too, like diabetes and high blood pressure, the outside world does not know for what reason patients are waiting at our doors.??? - Liz Thebus, Tutu Tester health worker Home testing is also advocated for, as a way to bring HIV testing into the privacy of peoples homes: ??? (Knowing your HIV status) simply ought to be a part of life ??? - - Edwin Cameron, Justice of the Constitutional Court in South Africa, talking about home testing139 Improving testing, however, can only be part of broader efforts to tackle the epidemic. Unless people who do test positive are able to receive appropriate care following their diagnosis, individuals may see little value in being tested. back to top HIV and tuberculosis in South Africa ???We cannot fight AIDS unless we do much more to fight TB.??? - Nelson Mandela Tuberculosis (TB) is the leading cause of death in South Africa,140 a trend that needs to be seen in the context of the HIV epidemic. People living with HIV are at a far higher risk of developing active tuberculosis as a weakened immune system will facilitate the development of the disease. Similarly, TB can accelerate the course of HIV. In countries with high HIV prevalence, TB has tripled in the past two decades, which clearly illustrates the link between the two diseases.141 South Africa has one of the highest coinfection rates with an HIV prevalence of almost three-quarters among people with incident tuberculosis. Despite accounting for just 0.7 percent of the global population, the country accounts for 28 percent of the world??™s people living with both HIV and TB.142 Fighting both diseases together, where appropriate, is seen as crucial: ???We cannot fight AIDS unless we do much more to fight TB.??? - Nelson Mandela143 The high level of HIV and TB coinfection led the South African National AIDS Council to call for an integration of care for the two diseases in their National Strategic Plan.144 145 In 2010, about 210,000 people in South Africa with TB were tested for HIV, and 60 percent were HIV-positive.146 Between 2010 and 2011, the number of people living with HIV who received preventative TB medication nearly tripled, from 146,000 in 2010 to 373,000 in 2011.147 Integrating HIV and TB systems means it is easier for people with one disease to be tested and treated for the other, where elements of care are otherwise handled separately. The Ubuntu clinic, offering what it terms ???one-stop??™ HIV and TB care in the Khayelitsha township, on the edge of Cape Town, illustrates the benefits of this approach to the twin epidemics. In the township, the number of people diagnosed with TB who were offered HIV counselling increased from 50 percent in 2002 to 97 percent by mid-2007.148 The principal medical officer of the clinic highlighted how Ubuntu??™s integrated approach benefits co-infected people: ???It makes it easier for the patients. You know your patient doesn??™t have to go in your queue and tomorrow stand in another one.???149 Rising cases of Multi-Drug Resistant (MDR) and Extensively Drug Resistant (XDR) TB suggests a need for an overall improved response to avoid a spread of resistant TB. XDR-TB has been recorded in 60 hospitals in KwaZulu-Natal.150back to top The way forward A speech by Barbara Hogan, Minister of Health in South Africa in 2009 As President Zuma outlined in a landmark 2009 World Aids Day speech, South Africa has had to overcome massive challenges in its past: "At another moment in our history, in another context, the liberation movement observed that the time comes in the life of any nation when there remain only two choices: submit or fight. That time has now come in our struggle to overcome AIDS. Let us declare now, as we declared then, that we shall not submit."151 South Africa has come a long way in responding to its HIV epidemic. Life expectancy has increased by 10 percent since 2005 - this level of improvement in a countrys mortality is usually associated with a huge change in society.152 153 Drug stockouts, continued use of ARVs with severe side effects, and a lack of entry points to care, are factors that must still be overcome in order to continue to scale-up effective treatment provision. Recent trends indicate a possible turning point in the epidemic, with infections decreasing among youth. Condom use has increased throughout the decade across all age groups and is highest among younger people, a notable achievement in South Africa??™s fight against HIV. However, far more will need to be done if South Africa is to meet its latest goal of halving the current infection rate by 2016.154???If we stop anything, we will just reverse all our gains??? - Health Minister, Dr. Aaron Motsoaledi Continued pressure from activists and civil society, and sustained commitment by the government, including increased funding, are needed to see South Africa effectively bring its HIV/AIDS epidemic under control. As Health Minister Dr. Aaron Motsoaledi said in 2010, "If we stop anything, we will just reverse all our gains"- Health Minister, Dr. Aaron Motsoaledi155 email print tweet more Where NextAVERT.org has more about: The HIV and AIDS Epidemic in Africa History of HIV and AIDS in South Africa History of HIV and AIDS in Africa Home based care Back to top Sign up to our Newsletter Donate References back to top 1.UNAIDS (2012) World AIDS Day Report - Results 2.UNAIDS (2012) World AIDS Day Report - Results 3.Republic of South Africa (2012) Global AIDS Response Progress Report 2012 4.Karim S S A et al (2012, November 30), Health in South Africa: changes and challenges since 2009, The Lancet, early online publication 5.UNAIDS (2012) World AIDS Day Report - Results 6.UNGASS (2012) Global AIDS Response Progress Response 2012: Republic of South Africa 7.Human Sciences Research Council (2009), South African National HIV Prevalence, Incidence, Behaviour and Communication Survey, 2008: A Turning Tide Among Teenagers 8.Statistics South Africa (2008, October), Mortality and causes of death in South Africa, 2006: Findings from death notification 9.Statistics South Africa (2008, October), Mortality and causes of death in South Africa, 2006: Findings from death notification 10.Human Sciences Research Council (2009), South African National HIV Prevalence, Incidence, Behaviour and Communication Survey, 2008: A Turning Tide Among Teenagers 11.Karim S S A et al (2012, November 30), Health in South Africa: changes and challenges since 2009, The Lancet, early online publication 12.Harrison, D (2009, December) An Overview of Health and Health care in South Africa 1994-2010: Priorities, Progress and Prospects for New Gains Commissioned by the Henry J. 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(2010, September) Victims of circumstance now thriving survivors IDASA 20.UNAIDS (2012) Global Report: UNAIDS Report on the Global AIDS Epidemic 2012 21.UNAIDS (2012) World AIDS Day Report - Results 22.UNAIDS (2012) World AIDS Day Report - Results 23.Human Sciences Research Council (2010) South African National HIV Prevalence, Incidence, Behaviour and Communication Survey, 2008: The health of our children 24.Statistics South Africa (2010) Mid-year population estimates 25.WHO/UNAIDS/UNICEF (2011) ???Global HIV/AIDS Response: Epidemic update and health sector progress towards Universal Access 2011 26.Statistics South Africa (2011, 27th July) ???Statistics South Africa: Mid-year population estimates 2011??™ 27.Department of Health (2010) National Antenatal Sentinel HIV and Syphilis Prevalence Survey in South Africa, 2009 [PDF] 28.National Department of Health (2008, 11th February) Policy and guidelines for the implementation of the PMTCT programme 29.WHO (2006, August), Antiretroviral drugs for treating pregnant women and preventing HIV infection in infants: towards universal access 30.Treatment Action Campaign (2008, January), Department of Health Announces New PMTCT Guidelines 31.National Department of Health, South Africa; South Africa National AIDS Council (2010) Clinical guidelines: PMTCT (Prevention of Mother-to-Child Transmission 32.SANAC (2010) National Strategic Plan 2007-2011: Mid Term Review 2010 [PDF] 33.UNAIDS (2012) World AIDS Day Report - Results 34.South African National AIDS Council (2011) ???End of Term Review of the NSP 2007-2011 35.South African National AIDS Council (2011) ???National Strategic Plan 2012-2016 36.SANAC (2010, February) The national HIV counselling and testing campaign 37.Government of South Africa (2010, January) The National Communication Survey on HIV/AIDS 2009 38.Human Sciences Research Council (2009), South African National HIV Prevalence, Incidence, Behaviour and Communication Survey, 2008: A Turning Tide Among Teenagers 39.BuaNews Online (2011, 10th June) OneLove campaign making strides: study 40.Human Sciences Research Council (2009), South African National HIV Prevalence, Incidence, Behaviour and Communication Survey, 2008: A Turning Tide Among Teenagers 41.loveLife website, accessed 26th October 2010 42.IRIN/PlusNews (2005, December), South Africa: Global Fund withdraws support for loveLife 43.Human Sciences Research Council (2009), South African National HIV Prevalence, Incidence, Behaviour and Communication Survey, 2008: A Turning Tide Among Teenagers 44.Human Sciences Research Council (2009), South African National HIV Prevalence, Incidence, Behaviour and Communication Survey, 2008: A Turning Tide Among Teenagers 45.Human Sciences Research Council (2009), South African National HIV Prevalence, Incidence, Behaviour and Communication Survey, 2008: A Turning Tide Among Teenagers 46.Human Sciences Research Council (2009), South African National HIV Prevalence, Incidence, Behaviour and Communication Survey, 2008: A Turning Tide Among Teenagers 47.Government of South Africa (2010, January) The National Communication Survey on HIV/AIDS 2009 48.Republic of South Africa (2008, March), Progress report on declaration of commitment on HIV and AIDS 49.IRIN/PlusNews (2008, 22nd May), South Africa: Sex education - the ugly stepchild in teacher training 50.Harrison, D (2009, December) An Overview of Health and Health care in South Africa 1994-2010: Priorities, Progress and Prospects for New Gains Commissioned by the Henry J. 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(2011, August) Antiretroviral refusal among newly diagnosed HIV-infected adults in Soweto, South Africa AIDS (e-pub ahead of print) 70.Katz, IT, et al. (2011, August) Antiretroviral refusal among newly diagnosed HIV-infected adults in Soweto, South Africa AIDS (e-pub ahead of print) 71.Republic of South Africa (2008, March), Progress report on declaration of commitment on HIV and AIDS 72.Treatment Action Campaign (2008, March), Key HIV Statistics 73.NIAID/NIH (2007, 25th July), Questions and Answers: Children with HIV Early Antiretroviral Therapy (CHER) Study: Treating HIV-Infected Infants Early Helps The Live Longer 74.The Presidency - Republic of South Africa (2009, 1st December) Address by President Jacob Zuma on the occasion of World Aids Day; Pretoria Showgrounds 75.The Department of Health/ SANAC (2010, February) The South African antiretroviral treatment guidelines 76.IRIN (2010, 2nd November) South Africa: Hospitals failing to treat HIV-positive infants 77.Cornell, M (2010, 10th September) Temporal changes in programme outcomes among adult patients initiating antiretroviral therapy across South Africa, 2002-2007 AIDS 24(14) 78.Mail & Guardian Online (2009, March), Out of stock = out of life 79.IRIN/PlusNews (2009, 25th February), South Africa: Lives lost as state coffers run dry 80.SANAC (2010, February) The national HIV counselling and testing campaign 81.South African National AIDS Council (2011) ???End of Term Review of the NSP 2007-2011 82.Health-e (2010, 9th April) Provinces face drug stock outs due to overspending 83.TAC (2010, 23rd April) Detailed commentary on updated ART guidelines 84.Motsoaledi, A (2011, 31st May) How were re-engineering the health system - Motsoaledi: Health Budget Vote Policy Speech presented at the National Assembly politicsweb.co.za 85.Government of South Africa (2010, 14th December) Massive reduction in ARV prices 86.Government of South Africa (2010, 14th December) Massive reduction in ARV prices 87.Timeslive (2010, 14th December) R4.3 billion ARV tender for pharma companies 88.Journal of the International AIDS Society (2012, 16th February) The ARV roll-out and the disability grant: A South African dilemma 89.South African Government (2007, 12th March) HIV and AIDS and STI Strategic Plan for South Africa, 2007-2011 90.TAC (2009, April) Time for task-shifting: 999 days to close the HIV/AIDS treatment gap 91.TAC (2009, April) Time for task-shifting: 999 days to close the HIV/AIDS treatment gap 92.The Lancet (2010, 16th June) Nurse versus doctor management of HIV-infected patients receiving antiretroviral therapy (CIPRA-SA): a randomised non-inferiority trial 93.TAC (2009, April) Time for task-shifting: 999 days to close the HIV/AIDS treatment gap 94.Government of South Africa (2010) Budget speech of Honourable Dr A Motsoaledi, MP, Minister of Health, delivered to the National Assembly, Parliament of the Republic of South Africa 95.Irin/Plus News (2010, 9th July) South Africa: Counsellors to give "the prick" 96.SANAC (2010, February) The national HIV counselling and testing campaign 97.Motsoaledi, A (2011, 31st May) How were re-engineering the health system - Motsoaledi: Health Budget Vote Policy Speech presented at the National Assembly politicsweb.co.za 98.WHO/UNAIDS/UNICEF (2011) ???Global HIV/AIDS Response: Epidemic update and health sector progress towards Universal Access 2011 99.The Witness, (2012, 24th September, ???Sangomas: certified to hand out condoms to fight HIV??™ 100.Irin/Plus News (2010, 9th July) South Africa: Counsellors to give "the prick" 101.All Africa (2010, 6th August) South Africa Unpaid VCT counsellors threaten to walk out 102.UNAIDS (2012) World AIDS Day Report - Results 103.UNAIDS (2011) UNAIDS World AIDS Day Report 2011 104.WHO/UNAIDS/UNICEF (2011) ???Global HIV/AIDS Response: Epidemic update and health sector progress towards Universal Access 2011 105.South African National AIDS Council (2011) ???National Strategic Plan 2012-2016 106.Plus/ Irin News (2012) SOUTH AFRICA: New reports chart progress - and costs - in HIV fight 107.UNAIDS (2012) Global Report: UNAIDS Report on the Global AIDS Epidemic 2012 108.G. 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Corporate Compliance Plan

Corporate Compliance Plan
Aine Fox
Business Law
LAW/531: MBAA0M4V68
Professor: Joseph Witek
February 1 2010Corporate Compliance Plan Riordan Manufacturing recognizes that being a global plastic producer involves significant legal and ethical responsibilities to its consumers, business partners, employees, shareholders and the general public. Riordans current task is to develop a corporate compliance plan that can be applied uniformly across all of its operational sites. This plan will allow Riordan and its??™ employees to conduct themselves in a manner that will allow Riordan to fulfill its obligations in observing the laws and public policies affecting its business. In accordance with the Model Business Corporation Act, Riordan Manufacturing will abide by the principles of corporate law within the states where Riordan Manufacturing plants are established. Given the industry they operate in, Riordan must especially remain compliant with the Clean Air and Water Act by responding immediately to any violations and monitor progress to insure no future violations.
The company seeks to ensure that all aspects of Riordans operation comply not only with applicable laws, but also with Riordans own perception of what kind of organization it is. Most of Riordans operations are within the US, but the company does have a joint venture in China. As such, Riordan is subject to rules of international operation, and it also is subject to several laws that also apply to operations only within the US.
For the Compliance Plan to be effective, it must have the cooperation of all employees. Their adherence to its spirit, as well as its specific provisions is absolutely critical in managing the legal liabilities of Riordan??™s officers and directors. Management at Riordan must demonstrate leadership, integrity and be a role model to employees so as to promote an environment that is fully compliant and has a zero tolerance for breaches. Corporate Governance and Compliance The term “corporate governance” commonly is viewed as referring to financial accountability, but it has a broader meaning. This definition of corporate governance is stated as ???the framework of rules and practices by which a board of directors ensures accountability, fairness, and transparency in the firms relationship with its all stakeholders (financiers, customers, management, employees, government, and the community) (Corporate Governance, n.d.).
Kacperczyk (2007) states that “catering to non-shareholding stakeholders contributes to the long-term value of the firm ??¦ and ??¦ managers will be more likely to attend to those stakeholders when relieved from short-termism???, requirements that disallow building for the long term. Fransecky (2009) is more explicit. He explains that ???January 21, 2009 marks the 216th anniversary of Frances King Louis XVI being guillotined for, in effect, being a lousy chief executive officer,” and that if “Louis modern-day, private-sector counterparts dont quickly change their let them eat cake ways, many will share the same fate ??” figuratively, if not literally” (Fransecky, 2009). Alternative Dispute Resolution Alternative Dispute Resolution (ADR) provides a means by which the company can deal with disputes that arise either internally or outside the company. Rather than turning to courts and their long and expensive processes, ADR allows organizations to address disputes directly and to come to workable solutions for each party. “Costs of ADR are frequently one-tenth of the cost of litigating a dispute” (Jennings, 2006). ADR also protects privacy as public-record court proceedings cannot. Another advantage is that ADR allows for creative solutions typically not forthcoming through courtroom decisions.
Riordans approach to ADR will take the form outlined by Jennings (2006). “Internal means of employment dispute resolution” will include peer review; ombudspersons; and mediation within the company. External means will use mediation by an outsider; nonbinding arbitration; and final and binding arbitration. Enterprise and product Liability Riordan will need to guard against the issues of employment, supply liability, guarding the company against tort liability as well as charges of negligence.”Negligence is a general legal principle, but strict liability is a set of particular doctrines” (Keating, 2001). Among those are the tort, intentional tort and strict tort liability.
Riordan will use internal legal counsel or external legal consultants to review its policies and contracts relative to both employees and external clients or customers. As a supplier to other businesses rather than to end consumers, its greater liability issues lie with failing to comply with business contracts. The company will need to ensure that it can meet all obligations it makes to customers and that its products maintain quality levels that will not cause legal issues for its business customers. International Law Riordan already operates as a U.S corporation and is involved in a joint venture in China. It is therefore responsible for operating according to applicable laws of both the U.S and China. The company is also responsible for upholding several laws governing its international operations. The advantage of entering into a joint venture to enter a foreign country is the greater ease of navigating that countrys laws and regulations, but the venture partner must be of impeccable integrity. “Do background checks on all your foreign employees and agents. Obtain financial information and personal references for them” (Jennings, 2006).
As Riordan continues to mature as a multinational organization, its management realizes that it needs to ensure that it operates legally and ethically in each of its locations, and that operations are uniform in each location to the extent that reporting is useful not only for Riordans senior management but also for all of its valued stakeholders. The corporate compliance plan that Riordan will need to formulate for itself will include at a minimum: ??? A written code of ethics that employees are accountable for upholding; ??? Export policy in accordance with U.S. Export Administration Regulations; ??? Operation in accordance with the U.S. Treasury Departments Office of Foreign Asset Control (OFAC), which enforces compliance with “U.S. sanctions against embargoed countries” (The Components of a Corporate Compliance Policy, 2003; p. 3) such as Iran, Libya, North Korea, Cuba and several others; ??? Compliance with Americas Iran and Libya Sanctions Act (ILSA) that prohibits investment in either country in any amount. OFAC governs direct transactions with embargoed countries; ILSA also prohibits any indirect transactions with Iran or Libya as well; ??? Ensuring that Riordan does not either knowingly or unknowingly join any anti-Israel boycott. The anti-boycott law (15 CFR 760) “prohibits any agreement to refuse or actual refusal to do business with or in Israel or with blacklisted companies” (The Components of a Corporate Compliance Policy, 2003; p. 6); ??? Absolute, and unquestioned compliance with the Foreign Corrupt Practices Act of 1977 (FCPA) that prohibits offering, extending, accepting, requesting or agreeing to bribery in any form. “The FCPA prohibits bribery of foreign and international officials and regulates company accounting practices” (The Components of a Corporate Compliance Policy, 2003; p. 7); and ??? Effective internal controls, monitoring, audits, reporting and strict compliance with the Sarbanes-Oxley Act of 2002. Although Riordan most likely would not slide into dealing with embargoed countries or risk even appearing to violate the FCPA, its Chinese joint venture partner may not be so cognizant of the need to follow what it considers to be foreign laws that have little if anything to do with the partners business. Riordan will need to ensure that both its own US locations as well as its Chinese partner are following all of the laws and regulations governing US businesses, even in China. Tangible and Intellectual Property Any company, including Riordan, can find it far too easy to violate copyright law. Photocopying a trade journal article for internal use or using an excerpt of some published work on a website can place the company at cross purposes with the law. Trademarks offer special problems, particularly when there is a joint venture arrangement with a foreign company. In acquiring ownership of a trademark, it is not enough to have invented it or registered it first. To be the presumed owner of the trademark a company must also be the first to actually use the trademark in the sale of goods or services. So the overriding factor in trademark ownership lies with the party that can demonstrate first use of it. Settling these matters requires litigation or arbitration, or they can be averted through the use of well-constructed, complete contracts that contain explicit rather than ambiguous wording.
Riordan needs to register its trademark and include the symbol ?® on its website wherever the registered trademark appears. This provides widespread notice that this trademark has been registered and is in use. This applies to all other branding and advertising media that Riordan produce and distribute. Legal Forms of Business Riordan already operates as a corporation within the US and in joint venture with China. The laws of China determine the Chinese partners responsibilities there and the laws of the US also require that Riordan does not engage in activity that may be legal in China but is illegal in the US. In the US, only the corporate structure protects individuals from being personally liable for debts and other liabilities incurred by the business. It is a “business organization that is a separate entity with limited liability and full transferability” (Jennings, 2006). The corporation is chartered by the state in which it is located and it is considered to be an entity separate from those holding any form of ownership i.e., the corporations??™ shareholders. State charters require that the corporation maintain a board of directors and corporate officers and that the life of the corporation is separate from them in that it does dissolve when owners move along and new owners take over.
Advantages are that owners are protected from the liabilities that the corporation incurs, which makes it an attractive business form for business owners who otherwise would run the risk of being sued by customers, amassing large business debt, and who may have a lot of personal assets they need to protect. The greatest disadvantage is that the corporation is subject to greater regulation and may pay higher overall taxes, including possible double tax. Governance The Committee of Sponsoring Organizations of the Treadway Commission (COSO) discusses internal controls in its report, ???Enterprise Risk Management ??” Integrated Framework???. COSO describes internal controls as an ongoing process that establishes a reasonable chance for achieving objectives as they relate to accurate financial reporting, as well as compliance with laws and regulations. Governance also achieves effectiveness and efficiency of operations for which management is fully responsible. COSO has established a common internal control model against which companies and organizations may assess their control systems and is commonly known as the capability maturity model index (CMMI). There are five internal control components in the COSO framework that sit in a pyramid starting with control environment at the base, followed by risk assessment, control activities, information and communication and lastly, monitoring at the peak of the pyramid. Although management ultimately has control of all internal control components, it has less direct control of this base of the pyramid than any of the other four. The control environment is the responsibility of management, and it is the employees who manage and use it. It consists of soft controls such as ethics, integrity and commitment to excellence as well as more tangible factors such as organizational structure and job description.
The second layer of the COSO pyramid is risk assessment, in which management seeks to identify and mitigate the leading risks facing the companys financial reporting. Control Activities constitute the next layer of the pyramid and are the means by which management ensure their directives and policies are carried out. They can be similar among separate organizations, but the specific form that control activities take is dependent on the needs of each individual business. Riordan will need to list its business activities and categorize those that can generate information that can be monitored and controlled.
The information created by tracking business activities will be collected and archived within Riordans information systems, where programmers will provide the systems with the ability to generate reports accessible to those involved in ensuring Riordans corporate compliance and overall corporate governance. In the short term employees may need to create reports, but the long-term goal is that virtually all business activity will generate information that will be used in automated reporting to Riordans management, board and other stakeholders.
The overreaching goal is to create and maintain transparency, but neither does Riordan need to display all of its business information to anyone seeking it. Public reports will be general in nature yet meaningful, while Riordans senior managers will have full access to all levels of information generated from data captured through routine business processes.
Of course Riordan will use outside auditors to review its financial statements, but it will need monitoring activities that extend beyond financial reporting. The company will create and maintain a nonfinancial auditing body that will assess on a regular basis the companys compliance with local and international laws, as well as with Riordans written code of ethics and mission statement.Conclusion The purpose of this plan is to ensure that Riordan actually operates as it intends. Enron won awards for its written code of ethics (Jennings, 2006) but failed to operate within its constraints and according to its principles. The goal of Riordans corporate compliance plan will be to ensure that all aspects of Riordans business comply with the companys mission and ethics statements and in so doing, unquestioningly comply with all applicable laws and protect Riordan??™s officers and directors.ReferencesCorporate Governance. (n.d.). BusinessDictionary.com. Retrieved January 28, 2010 from http://www.businessdictionary.com/definition/corporate-governance.html.Kacperczyk, Aleksandra (2007, March). Interscience.Wiley.com Retrieved January 29, 2010 from http://www3.interscience.wiley.com/journal/121506159/abstractCRETRY=1&SRETRY=0Fransecky, Roger. (2009, January 21). The New Accountability in Governance: Its time for boards of directors and CEOs to seriously examine their governance practices ??” before an angry crowd of citizens calls for their heads. Business Week Online. Retrieved January 28 from http://www.businessweek.com/managing/content/jan2009/ca20090121_237958.htmJennings, M.M. (2006). Business: Its Legal, Ethical, and Global Environment, (7th ed)., (Thompson Learning Inc).Keating, Gregory C. (2001). The Theory of Enterprise Liability and Common Law Strict Liability. Vanderbilt Law Review, p. 1285. Retrieved January 28, 2010 from law.vanderbilt.edu/…/vanderbilt-law-review/…3…/download.aspxThe Components of a Corporate Compliance Policy. (2003). Haynes and Boone, LLP. Retrieved January 28, 2010 from http://haynesboone.com/FILES/tbl_s12PublicationsHotTopics/PublicationPDF60/648/08_01_2003_Feathers.pdf.