建立具有中国特色的调查行业
"Role of China in International Investigations”
跨国调查在中国
Ponno Kalastree
作者介绍:
Maj (ret) Ponno Kalastree is the Managing Director of Mainguard
Security Services (S) Pte Ltd – a licensed security and
private investigations firm which he established over 30
years ago when he left the Singapore Armed Forces.
Today, Mainguard is a leading player in the
private security and investigations industry, specializing
in corporate investigations in the South East Asia region.
His clientele include some of the largest insurance companies,
law firms and multinationals from the USA and Europe.
Ponno was Chairman (2002-2003) and President
(2001-2002) of the Council of International Investigators
(CII), which is an elite organization comprising of top
investigators from over 40 countries. He was formerly an
recipient of the International Investigators of the Year
Award.
Maj (ret) Ponno Kalastree can be reached at:
Tel: +65-6296 5881
Fax: +65-6296 1171 or
Email: p.kalastree@mainguard-intl.com.sg
mainguard@mainguard-intl.com.sg
Ponno Kalastree 现任新加坡Maiguard安全服务有限公司总经理。该公司是在30多年前他从新加坡武装部队时成立并注册的。
今天,Maingaurd已成为私人安全及调查行业的佼佼者,专门从事东南亚地区的企业调查业务。他的委托人包括许多欧美的大型保险公司,律师事务所和跨国公司。
Ponno任国际调查员协会(CII)主席(2002-2003)和总裁(2001-2002),该机构由来自世界上40多个国家的精英调查员组成。他曾是国际调查员协会年度奖项的获得者。
CII全称国际调查员协会(Council of International Investigators)1955年成立现在拥有会员284单位,来自四十多个国家,总部设在美国西雅图。
In the last 10 years, China has boomed into
one of the most important economic markets in the global
marketplace. China is able to manufacture almost anything
at a much cheaper rate than any other country in the world.
With China’s entry into the World Trade Organisation
and the host of Olympics 2008, China is in the international
league of the world’s major trading partners, and there
is a need to conform to trade practices.
Despite China’s open door policy and westernization
of China over the past 15 years,
the business practices and culture remains a barrier for
many business sectors from the West to conduct business
in China. The West are interested to solve their problems
first.
Their concerns include the abundance of counterfeit goods,
parallel import practices, shipping and other commercial
fraud cases.
Investigators in China need to understand
problems of the Western world in order to seize the opportunities
in a growing niche market – commercial investigations. The
areas of commercial investigations cover due diligence,
fraud investigations, intellectual property breaches.
Chinese investigators need to take the proactive
step towards professionalism, and also build bridges for
business development with the West through strategic alliances.
"International Investigations in China”
by Major (ret) Ponno Kalastree
Mainguard (Singapore)
Globalisation of Investigations Business
Over the decade, we have seen the tidal force
of globalisation sweep across all industries throughout
the world. With advancement in technology and communications,
the world has become a much smaller place. Business is becoming
borderless.
The private investigations business has also
evolved, with its embrace of technology. There are more
sophisticated gadgets for fieldwork. Research is less laborious
with the use of computers and databases.
Ironically, crime has also become more sophisticated
and harder to detect, especially if it crosses international
boundaries.
The work of private investigators has also
extended beyond the matrimonial assignments. There are more
and more work for private investigators to specialize in
commercial investigations, especially in China’s booming
economy. Commercial investigations are often international
in scope, making it an exciting and dynamic new field in
investigations.
Commercial Investigations
Commercial or corporate investigations refer
to assignments where the objective of investigations is
to provide information for a business decision to be made.
It involves:
? Pre-employment Screening - includes employment
history, background checks.
? Corporate Investigation - analyzing company’s ownership,
nature of business activities, financial status of directors,
media reports on the company and other
information.
? Due Diligence - corporate and individual.
Includes court searches, surveillance, property asset searches,
verifying family circumstances and relationships.
? Employee Fraud Investigations – verifying
business situation, the subject’s character, background,
existing financial circumstances, work activities and relationships
and other legal evidence required.
? Intellectual Property Investigations – includes test purchase
and gathering legal evidence
? Commercial Fraud Investigations includes
tracking shipment of missing cargo, verifying transactions
that should have occurred, corporate and personal due diligence,
and other legal evidence required.
? Financial Investigations - verifying the
financial status of a company and/or an individual such
as bankruptcy records, assets and liabilities information
? Forensic Accounting services - an audit
and analysis of the balance sheet, profit and loss statements
against reported business activities.
? Insurance Claims Verification - confirm identity and location
of beneficiary, verify claimant’s eligibility for payout.
? Competitive Intelligence – market survey on competitors’
activities, analyzing and interpreting information on a
specific product or market.
? Asset Tracing – establish assets of indivuals
living within the country and overseas, and analyse the
information to track the movement of funds.
? Verification of information – this can include
death verification, verification of sale
transaction, verification for shipping documents
and others.
Most of the business for commercial investigations
comes from the West, mainly USA and Europe. Investigations
is an acceptable business practice before any decisions
on investments, and even employment are made as part of
their risk management strategy.
With globalisation, many USA and European
companies have business interests in Asia. As they are less
familiar with the culture and practices in Asia, they have
a greater need to conduct investigations prior to decision
making on employment, investments or should a breach of
contract be suspected.
China’s Boom
For more than a decade since China opened
its doors, she was viewed as an emerging great power. The
economic potential stems from the sheer size of China’s
massive land area, its population of over a billion people,
and the Chinese government’s pro-investment policy.
Today, China is already a dominant power as
a major trading partner in the world, with her entry into
the World Trade Organisation (WTO). Her prominence is also
seen with her winning the bid to host the 2008 Olympics,
and a re-nomination to host Miss World pageant.
In the last 10 years, China has boomed into
one of the most important economic markets in the global
marketplace. China is able to manufacture almost anything
at a much cheaper rate than any other country in the world.
Manufacturing companies from the West flock
to China to open up factories to reduce their production
costs. China’s industrialization has opened up opportunities
for other support services sectors including property, communications,
information technology, education and legal services and
others. Hence, China has seen a phenomenal growth in foreign
investments from the West.
Opportunities in China for International Investigations
Foreign investments from the West will create
commercial investigations opportunities for private investigators
in China. For example, the Western joint venture partners
may wish to conduct due diligence of their local Chinese
partners or vice versa. They may wish to have pre-employment
screening before they hire staff for certain key positions
In a dispute in foreign ventures, private investigators
may be engaged to conduct verification, fraud investigations,
asset tracing, financial investigations, and provide forensic
accounting services.
Furthermore, with China’s WTO status, there is a need to
conform to trade practices. The concerns of Western investors
in China include the abundance of counterfeit goods, parallel
import practices, intellectual propery breaches, shipping
and other commercial fraud cases. Thus, there are opportunities
for Chinese investigators to work on assignments combating
these activities.
Western Perception of China
Despite China’s open door policy and westernization
of China over the past 15 years,
the business practices and culture remains a barrier for
many business sectors from the West to conduct business
in China.
Over the past 30 years, I was privileged and
fortunate to have traveled to many parts of the world. From
my travels, I found that many people in the West still do
not have much knowledge on Asia including China.
The West’s perception of Asia is often limited
to their experience with the migrant Asian community in
their countries. Or they remember Asia as it was during
the post-war period. Or they get their impression of Asia
from the media – on the news and lifestyle programmes.
There are two groups – the first, those who consider Asia
a “heaven on earth” filled with
exotic women, tropical islands, vibrant nightlife
and delicious food. The second are those who regard Asia
as “hell on earth” - dirty, polluted and a place where you
contract food poisoning or become a victim of petty theft.
Many in the West do not know that each province
and village in China may speak a different language and
there are some slight cultural variations. Many people from
the Western world do not know that Chinese cities have skyscrapers
and highways as they do in the American and European cities.
Hence the barriers between the Chinese and
the West are both psychological and real.
To succeed in the West, the Chinese will require
intermediaries who are able to communicate both in English
and Mandarin, and understand the business cultures of both
the Chinese and West. They will require intermediaries who
have the trust and confidence of Western businessmen. Both
Singapore and Hong Kong are important gateways to China
for many Western businesses. Similarly, both these two cities
can also act as a platform for Chinese companies who are
keen to build the business with the West.
China and South East Asia
The opportunities for international investigations
are not just limited to the West. Many Asian countries are
increasingly affluent, and they are equally active in the
trade with China. When there is trade, there is always a
scope for commercial investigations.
China’s growing ties with Asean represent
a major confidence-building step towards South east Asia.
It follows the country’s 2001 proposal for a China-Asean
free trade area and its active financial support for Thailand
and Indonesia during the 1997 to 1998 Asian financial crisis.
Negotiations are underway to create the world’s most populous
free trade zone by year 2010.
As for South Asian countries, China has a
positive relationship with India. There is a huge potential
that remains to be explored for both Chinese and Indian
companies in each other’s countries. For example, Indian
software giant, Infosys is looking at establishing its manufacturing
facility in China. It is cheaper for them to be based in
China than in India because of China’s competitive production
capabilities.
Both the Chinese and Indian parties will need
to understand their respective differences and similiarities,
and they can work through an intermediary counterpart from
a country such as Singapore who will have an understanding
of both the Chinese and Indian cultures.
Growth Opportunities for Chinese Investigators
To develop the international investigations
business, Chinese investigators need to take the proactive
step towards professionalism and networking.
Professionalism is achieved through education
and interaction with fellow counterparts. Conferences are
a conducive platform for both learning, and business networking
to explore potential opportunities. Interaction with peers
through professional membership associations is another
avenue for business development. Participation at conferences
and associations should be both at local and international
level. One has to have some credibility within your country
that you can leverage on to promote your business internationally.
As part of professional upgrading, investigators
should continually attend specialized training workshops
to improve their skills in technical know-how, research,
analysis, communication and others.
To lay a foundation for a strong network,
“bridges” should be built to facilitate information sharing.
In international investigations, such bridges should be
built across countries spanning over the various continents.
However, before the international bridge is built, Chinese
investigators should build bridges within China itself.
This cohesiveness is
necessary as the firms will benefit from having
a span of value-added connections since the investigations
business is about accessibility to information.
As for external bridges, Chinese investigators
will also benefit from establishing alliances regionally
in gateways cities such as Hong Kong, Singapore, and also
strategic business partners in Japan and India where there
are mutual trade opportunities that can be developed.
To build bridges with the West, strategic
alliances can be established in gateway cities with partners
who already have strong connections with western partners.
Hence, the barriers in language and culture between China
and the West can be overcome through its partnerships.
Strategic partnerships should be established
with both fellow industry players, and also support industry
players in the investigations business such as the information
brokers, the legal firms, accounting firms and even client
organizations such as insurance firms, multinational corporations.
Success in the Investigations Business
I believe the key ingredients for success
in the investigations business is:
1) Vision
Like all businesses, it is important that the leader has
a goal. He or she must have a dream to be achieved, and
guide the rest of the organization working towards the vision.
2) Passion
Generally, most private investigators are not in the business
because of the profits that can be reaped, but because of
the passion for uncovering the truth. There is a genuine
interest in the work.
3) Trained and Motivated Team
Successful investigations depends on a team who shares the
same passion in their work, and
they are motivated because of their interests.
At the same time, the investigations team should be constantly
upgrading themselves to build their skills and technical
knowledge.
4) Connections
As investigations is about sharing information, the more
well-connected the investigator is across all industry sectors
and in different countries, he or she is in a better position
to provide value-added service to the client.
My presentation is not to teach you how to
run your business, but to share with you on how to explore
the countless potential in international investigations.
Private investigations is a dynamic and exciting
field. It is inevitable that investigations have taken a
global turn over the last few years and this trend is set
to continue. The opportunities remain abundant both in the
East and West and they will continue to grow, as the Asian
region and China progresses.
Thus, it is crucial that as industry players that we start
forging links and building bridges between the East and
West so that we can seize and benefit from the opportunities.