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2019 U.S. Cross-Border Tax ConferenceMay 14 – 16, 2019
tax.kpmg.us
Geopolitics and the Need for an Intelligent Supply Chain
2© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDPPS 821761
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The following information is not intended to be “written advice concerning one or more Federal tax matters” subject to the requirements of section 10.37(a)(2) of Treasury Department Circular 230.
The information contained herein is of a general nature and based on authorities that are subject to change. Applicability of the information to specific situations should be determined through consultation with your tax adviser.
Notices
AgendaChallenges to current Free Trade systems
Use of tariffs as push for change
Developing enterprise wide risk mitigation strategies
01
02
03
04 Q&A
4© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDPPS 821761
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Today’s presentersName Title Firm/Company Name Email
Doug Zuvich Principal, Trade & Customs Global Leader KPMG [email protected]
Brett Weaver Partner, Value Chain Management Leader KPMG [email protected]
Jerry Thompson Principal, Value Chain Management KPMG [email protected]
5© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDPPS 821761
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— Post World War II trade regimes are being challenged aggressively— Industries and companies have grown accustomed to these practices as
a way of life— Investments, sources of supply and operating models are predicated on these rules— Adapting to a new set of rules can be difficult, painful and costly in order to maintain
competitive advantage, source of supply and profitability— Immediate action may be necessary to address the fallout from tariffs and trade
barriers while simultaneously laying the groundwork to manage through future geopolitical and operational uncertainty.
Current state of play
Today’s session will focus on the current landscape and potential actions for your organization to help mitigate consequences and demonstrate to stakeholders that your organization is prepared to act and react.
6© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDPPS 821761
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Popular support for free trade has eroded
Trump taking a different approach to global trade
policy
Big geopolitical shifts are forcing changes on
global trade
Why are trade tensions heating up now?
Rise of China challenges the current system
The role of the U.S. in the world is changing
Technology now emerging as national security concern
Some Americans think free trade has hurt the country
Fewer political leaders willing to risk supporting free trade
Skeptical of multilateral approaches (like the WTO)
Preference for bilateral deals
Focused on bilateral trade deficits (and willing to take risks!)
7© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDPPS 821761
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Tariff policy background
Steel/Aluminum, Automobiles
April 2017: Investigation begins, and in March 2018, Trump announces tariffs on steel and aluminum. There are currently limited source country exemptions.May 2018: Second national security investigation launched and potential raise on imports of auto parts
National security threat
Section 232
$34B in products
Response to China for unfair trade practices; potential IP theft, tech transfer, & innovation
List 1
Section 301
List 2 List 3
$16B in products
Response to China for unfair trade practices; potential IP theft, tech transfer, & innovation
$200B in products
Response to China for unfair trade practices; potential IP theft, tech transfer, & innovation
Solar panels and washing machines
October 2017: Findings announced from earlier investigation and "global safeguard" restrictions recommended
U.S. RATIONALE
TARGET
Harming U.S. industries
Section 201
Other active tariff and non-tariff mechanisms used by the US include anti-dumping, countervailing duty (“CVD”) orders, quotas and “voluntary” restraint orders
8© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDPPS 821761
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Overview of global retaliatory tariffsCHINA (FOR §232)
Tariff rate: 15% and 25% depending on the goodEffective date: April 2ndHTS codes affected (Qty): 128Import value affected ($): $2.4 billionProducts targeted: Wine, fruit, ethanol, steel tubes, drill pipes, aluminum waste.
MEXICOTariff rate: 5% – 25%Effective date: June 5thHTS codes affected (Qty): 266Import value affected ($): $3 billionProducts targeted:Pork, potatoes, whiskey and other products
TURKEYTariff rate: Ranges up to 140%Effective date: June 21stHTS codes affected (Qty): 22Import value affected ($): $1.8 billionProducts targeted: Coal, paper, tobacco, automobiles, cosmetics, machinery, petrochemical products.Aug. 2018: In response to U.S. doubling steel tariffs, Turkey doubled some tariffs, e.g. alcohol, cars, tobacco.
EUROPEAN UNIONTariff rate: 25%Effective date: June 22ndHTS codes affected (Qty): 340, (effective June 22nd)Import value affected ($): 3.4 billion (effective June), $3.6 billion (under review)Products targeted: Steel, whiskey, coffee, motorcycles, motorboats, apparel and peanut butter
CANADATariff rate: 25% or 10% depending on the goodEffective date: July 1stHTS codes affected (Qty): 229Import value affected ($): $12.6 billionProducts targeted: Steel, iron, motorboats, musical instruments, yogurt, bourbon, ketchup, pizza, dishwasher detergent and various other items
CHINA (FOR §301)Tariff rate: 25%Effective date: July 6thHTS codes affected (Qty): 659Import value affected ($): $34 billion. Additional $16B scheduled, with $60B potentially planned.Products targeted: Soy, corn, wheat, cotton, beef, pork, poultry, fish, dairy, nuts, and vegetables, as well as manufactured goods including passenger cars, and off-road vehicles.
RUSSIATariff rate: 25% – 40%Effective date: July 6thHTS codes affected (Qty): 79Import value affected ($): Total amount TBDProducts targeted: Construction, oil and gas, metal processing and fiber optics
INDIATariff rate: 25% or 27.5%depending on the goodEffective date: September 18thHTS codes affected (Qty): 30Import value affected ($): $240 millionProducts targeted:Apples, walnuts, chickpeas, and some chemical and metal products.
USMCA/NAFTA 2.0 – Steel and Aluminum Tariffs RemainAustralia, Argentina, Brazil and S Korea (KORUS) - Agreed to Steel Quotas = No TariffsSeeking Bi-lateral Agreements with – UK, EU and Japan
Developing enterprise wide risk mitigation strategies
10© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDPPS 821761
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Developing your geopolitical risk mitigation strategy
Holistic, enterprise wide view is required
Deep Data Driven Analysis
Risk, Controls and Change Management
MitigatingRemedialExposure
Geopolitical
Supply Chain
Cost Optimization
Revenue/Pricing Impact Analysis
11© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDPPS 821761
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Step 1: Determine immediate geopolitical exposure to your business
13© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDPPS 821761
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Determining duty rates
HTS Classification
Country of Origin
Duty Rates(§201)(§232)(§301)
(Regular)
Determining origin based on manufacturing processes, e.g. what steps occur where.
Determining classification of the item based on technical characteristics and use.
Different classifications have different duty rates, and different countries are subject to §301/§232/§201.
Confirm using correct codes Confirm correct COI
Consider changes to production/mfg processes
14© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDPPS 821761
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Determining duty rates
Duty Rates(§201)(§232)(§301)
(Regular)
$$$$Tariffs Due
$$$$
Customs value is based on specific rules but is often the price paid or payable by the importer plus certain additions and deductions.
Duty rate is fixed for all imports of a given classification from a given country and each is assessed in addition to the others.
Tariffs to be paid.
Are duties cumulative? Including only dutiable costs?
Consider duty exemption request or use of first sale?
Customs Value
15© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDPPS 821761
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Supplier reviewSu
pplie
r Ris
ksCurrency
Internal & SC stability
Insolvency Handle insolvencies
Ensure internal stability
Mitigate currency risks
Environmental standards
Social standards Ensure human rights
Environmental protection
Information & Systems
Capacity
Dependency
Logistics
Quality Avoid inadequate technical specifications
Ensure delivery reliability
Avoid or mitigate dependencies
Ensure stable B2B systems integration
Optimize demand variability
Commercial Compliance
Contract Management
Law & Regulations Preventing bribery and corruption
Monitor regulations & shape contract texts
Preventing unfair competition (e.g. corruption)
Price risks
Political risks
Geographical risks Rapid response to catastrophes
Identifying country risks
Countering price fluctuations and market volatility
Innovation Exploit the innovative potential of suppliers
Financial stability
Sustainability
Operational excellence
Compliance
External market risks
16© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDPPS 821761
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Choosing the right balance— Every effective supply chain needs to balance
the level and variability of Service it offers to its customers with Cost and Quality
— Increasing tariff costs may lead to plans to change existing suppliers/ manufacturing processes
— Companies should be very careful to ensure plans do not compromise quality or service levels
— Adherence to established quality and sourcing standards is essential
In the right business context
Service
Quality
Cost
17© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDPPS 821761
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Step 3: embed geopolitical risk into supply chain risk management (“SCRM”)
The Client Challenge
• The top challenges of business leaders around the world are enabling growth, driving cost down, managing risk and achieving operations efficiency while being responsive to its customer as customer experience is becoming undeniably more important. One of the biggest threats to growth is a supply chain that fails to deliver.1
• In addition, companies are facing an increasingly complex regulatory environment requiring the risk management of global regulations, bribery and corruption, cyber threats, human rights, etc.
The Role of SCRM
• The role of SCRM matures: Leading organizations have moved on from pure supplier risk management activities to end-to-end SCRM networks which include enterprise partners from Finance, Tax, and IT, as well as third parties to manage increasingly vulnerable end-to-end Supply Chains
• Focus is required in a few imperative areas including the boards’ risk oversight role, and the need to establish a risk appetite, combined with processes, accountability and assurance.
The SCRM Challenge
• Operational risk is continuously increasing as institutions adapt business models, transform technology and operating processes, respond to increasing cyber threats, increased reliance on third party relationships, and expand into new products and services that require specialized risk management and compliance processes and skills
• Historically, many of these risks were considered in isolation. Successful SCRM programs going forward require an understanding of the many operational and compliance risks and to manage them on an integrated basis.
How KPMG can help
• KPMG’s has a global footprint comprised of 2’500 SCRM multi-disciplinary professionals located in all major geographic markets serving clients across all industries. These professionals are organized to provide strategy development, risk evaluation, capability building, global transformations, and risk management services.
• KPMG’s SCRM expert network is built across the firms practices from Management Advisory, Risk Advisory, Technology Advisory, Finance Management, Tax and Audit
18© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDPPS 821761
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Utilizing predictive SCRMP-SCRM addresses risk challenges facing supply chains by using a real time digital platform that utilises advanced predictive analytics
Managing risk is a key priority for Supply Chain leaders. Challenges include: — No holistic views with risks views
in silos— Vulnerability to unplanned events,
with risk profiles not evolving over time— Increasing operational complexity
through demand variability— Reactive risk mitigation processes— Limited transparency over end to end
supply chain risks— Manual reporting with no predictive
capability
KPMG’s PSCRM approach:— Enables proactive management
of risks— Utilises external ‘smart data points’
through a live digital platform— Improves collaboration with external
suppliers and partners— Increases real time connectivity and
responsiveness
Benefits
EfficiencyProactive management results in fewer incidents majorly impacting operations which will decrease waste consumption and increase revenueAutomated reporting with predictive capabilities enabling risk profiles which change over time
EffectivenessIncreased collaboration with external supply chain partners through increased connectivity and real time connectivityImproved performance by moving away from historical data and towards a predictive supply chain
StrategyEnhance operational and financial performance by applying insights from customers, suppliers, third party providers and other external data pointsImproved decision-making and interoperability through holistic and transparent supply chain platform
19© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDPPS 821761
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Using a real time digital platform that utilizes advanced predictive analytics
SECURITYMICRO-SERVICES
DATA PLATFORM
Data ingestion, Seamless integration,Auto generated analytics, Big data capabilities
Real-time data stream processing for anomaly detection,Time series data collection, Natural language processing
ADVANCED APPLICATIONS OF DATA CONSUMPTION02
PredictiveRisk Profiles
Network Mapping
Risk Events
Real-time Data Insights
SupplierPerformance
01 Ingest and integrate various data sources (internal & external) through micro services, ARWIN platform processes data using advanced analytics.
NON-TRADITIONAL DATA SOURCESTRADITIONAL DATA SOURCESBilling Systems ERP data Sales Data Meteorological Data News Feeds Social MediaPlanning data
01 ADVANCED PREDICTIVE ANALYSIS OF SMART DATA POINTS
02 Advanced analytics enables real time predictive analysis of risk events impacting supply chains from Financial, Regulatory, Operational, Geopolitical, and Natural Disaster focuses. Tool offers network information from source of component material through to ‘in-market’ distribution centres.
Use insights to proactively manage risks, enhance/ remodel network, and empower business planning processes.
20© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDPPS 821761
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Provides detailed insight into suppliers, raw materials and products to understand the impact and risk of forecasted events
Document Classification: KPMG Confidential
Executive dashboard Supplier, product and raw material view
Forecast events Critical events
The Dashboard in the home screen shows a number of important parameters with respect to the Organization’s supply chain health check.
The real power of our solution comes into play when you consider the predictive capability to forecast events. Unlike traditional risk management approaches, our solutions forecasted events are not predicted based on historic data alone, but rather on the use of internal and external smart data points enabled by digital supply chains.
Solution highlights the number of components that’s being supplied by a Supplier, along with supplier performance details such as lead times, risk ratings, revenue at risk, and alternative suppliers.
The Critical Events tab shows the number of events that are likely to impact the overall health of the Supply Chain and how many of those are critical
21© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDPPS 821761
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Logi
stic
s/
Inve
ntor
ySe
nior
Le
ader
ship
Proc
urem
ent
PSC
RM
Sol
utio
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User Story – regulatory changes impacting market shareUsing external data points from Bloomberg, Dun & Bradstreet, Thomson Reuters and synthesio; the tool is able to forecast economic and regulatory risks and resulting impact to market share and suppliers
Wait and see
Contingency
Solution forecasts potential EU Trade Agreement event will impact suppliers and could impact over 10% of sales
Solution forecasts event over 12months in advance to provide warning.
Logistics planner identifies risk and raises concerns with leadership
Senior leadership given 12months to contingency plan alternative suppliers, or to adopt a ‘wait and see’ approach.
Solution identifies alternative suppliers of affected products
Solution captures mitigate actions for next similar event
Solution monitors risk and raises prioritisation of risk over time
Procurement agreements arranged with alternative suppliers
Situation monitored daily through solution – live updates and impact analysed through advanced analytics
22© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDPPS 821761
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In closing
Companies will need to develop insights into their ability to pivot around new tariffs, protectionist stances or whatever the next wave will be while considering their current contingency plans and risk diversification opportunities.
In doing so, it’s important to assemble a cross-functional team with deep subject matter experience to provide insights and recommendations regarding the potential impacts to a company’s— Supply chain footprint
strategy— Operating model— Brand strategy — Capital structure— Trade and tax positions
Companies should be prepared to answer questions such as:
How might we be affected?
What are our options?
What should we do now?
Questions
Thank you
© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. NDPPS 821761
The KPMG name and logo are registered trademarks or trademarks of KPMG International.
The information contained herein is of a general nature and based on authorities that are subject to change. Applicability of the information to specific situations should be determined through consultation with your tax adviser.
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Some or all of the services described herein may not be permissible for KPMG audit clients and their affiliates or related entities.