whistleblower hotline requirements

It’s good to have an understanding of the number of investigations that happen per case. Three key issues at this stage are negotiations, interviews, and communications. Background We have developed this Policy, having regard to the relevant legal requirements and current best practices relating to the protection of whistleblowers in the 1. Corporations face tremendous volatility and risk today. Share via LinkedIn, Twitter, Facebook, Email. Notably, under the directive, whistleblowers will be allowed to bypass internal channels and report straight to the authorities without fear of retaliation if they do not trust the internal channels. to the DOJ. We provide resources to support compliance and ethics professionals, forums for interaction and information exchange, and high‑quality educational training to support organizational and professional growth. Whistleblower hotlines aren’t a regulatory burden we’re forced to deploy. Internal Audit Office. in June, $875,000 to two individuals for “tips and assistance” relating to fraud in the securities market (which represented 30% of the nearly $3 million in sanctions the SEC collected in the enforcement action); in July, $400,000 to a whistleblower who reported fraud to the SEC after the employee’s company failed to address internally certain securities law violations; in August, $300,000 to a company employee who performed audit and compliance functions and reported wrongdoing to the SEC after the company failed to take action when the employee reported it internally first; and. DoD Instruction 7050.01, "DoD Hotline Program," October 17, 2017, outlines the requirement for DoD components to maintain a public awareness campaign ensuring that the current DoD Hotline fraud, waste, and abuse hotline poster prepared by the DoD Office of the Inspector General, is displayed in common work areas. Holland & Knight's OSHA, Workplace Safety and Whistleblower Claims Team is a highly trained, skilled and experienced group of attorneys that has advised and represented myriad clients across all industry sectors in hundreds of matters and cases, including those related to and arising from the COVID-19 pandemic. Why does it take longer to close certain cases? Guest Post: GDPR and Whistleblowing. Whistle-blower's Hotline Office of the Governor P.O. Put a hot-line in place that the audit committee chairman replies to exclusively. Gross mismanagement: substantial risk of significant adverse impact on mission. EQS Integrity Line is hosted on external ISO 27001-certified high security servers. Our service is compliant with the Corporations Act 2011 whistleblowing requirements and the November 2019 ASIC Regulatory Guide 270 Whistleblower Policies. To be . Our highly intuitive reporting and analytics tool keeps critical stakeholders looped in at all times. Are hotlines required? For instance, companies operating in Europe must be aware of EU data-protection rules as investigating whistleblower reports is most likely to involve the collection of personal data. The New York Attorney General Whistleblower Portal. That’s why hotlines (which includes all methods of intake) are so useful. If you know of fraud, waste, abuse, mismanagement, or a substantial and specific danger to public safety or health involving Office of Personnel Management (OPM) programs and operations, you may report it to the OPM Office of the Inspector General (OIG) using the OIG Hotline.You may also consult the website of the U.S. Office of Special Counsel (OSC). Whistleblower claims often arise out of employment, and many SEC whistleblowers were employed by the firms whose conduct they reported. Quite simply, management should want employees to warn them about. In fiscal 2013, the SEC issued 118 enforcement judgments and orders, which generated award payments of nearly $15 million to whistleblowers. Found insideWhistleblower protection is vital for: safeguarding public interest; promoting accountability and integrity in public and private institutions; and encouraging reporting of misconduct, fraud and corruption. As with any human-led process, there will be variation. Hotlines should not be viewed as a primary, or even initial, means of prevention or detection of illegal, unsafe or detrimental practices. Statuses likely include open, completed, and in progress, so by understanding where the cases are you can gain insight into what is currently happening in your organization. Our investigations process is a great solution to all your internal reporting and case management needs. Unlike the hotline which is a formal channel and depending on what information is disclosed, there is an obligation to investigate, the ombudsman is not an agent of notice to the corporation and gives the visitor time to understand how to proceed. An allegation of regulatory misconduct is a claim that a medical device manufacturer or individuals marketing medical devices may be doing so in a . (go back), [13] SEC Chair Mary Jo White (Speech), Stanford University Rock Center for Corporate Governance, Twentieth Annual Stanford Directors’ College (June 23, 2014), discussed on the Forum here. about how to handle a complaint once it enters the system. Among the many obligations created by the Sarbanes-Oxley Act, there has recently been increased attention to the requirement to implement a "hotline" for confidential and anonymous complaints to the audit committee from whistleblower employees. whistleblowers, what matters are reportable, how you can report your concerns without fear of Detriment, and how Deloitte will support and protect you. In order to have the most claims submitted through your whistleblower hotline program, it’s essential to have anonymous reporting as an option. According to the most recent 2014 Report to the Nations on Occupational Fraud and Abuse (2014 Report) authored by the Association of Corporate Fraud Examiners (ACFE), the median loss in U.S. dollars for U.S. companies was $100,000 and those in Western Europe was approximately $200,000. If employees feel that their reports are being ignored or that nothing is being done to address the allegations, they might take their allegations to authorities or the media. How to File a Safety and Health Complaint. in September, more than $30 million (the SEC’s largest whistleblower award to date) to an employee living in a foreign country who provided information about “an ongoing fraud that would have been very difficult to detect” and which led to a successful SEC enforcement action. All rights reserved. and historical significance of risk are the primary considerations. All information provided through this site, including without limitation all information such as the “look and feel” of the site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this site, is owned and/or licensed by SCCE & HCCA or its suppliers and is subject to United States and international copyright, trademark and other intellectual property laws. An important aspect of any good reporting solution is the ability for stakeholders to inquire about their potential actions when confronted with an ethical dilemma or to express a concern for something they believe may be occurring. It is important to structure the hotline system to receive actionable reports and shift frivolous concerns or other such feedback to more appropriate venues. This choice is often based on the culture and makeup of the organization and can prove very effective. This includes requiring public companies, large proprietary companies, and corporate trustees of APRA-regulated superannuation entities to have a whistleblower policy from 1 January 2020. These must include methods for reporting: In writing, such as by mail, a complaint box or a webform; Orally, by telephone hotline or voice messaging system The Sarbanes-Oxley Act of 2002 contains two very different provisions addressing corporate "whistleblowers." This Update describes both: the whistleblower procedures that audit committees must establish pursuant to Exchange Act Rule 10A-3 (mandated by Sarbanes-Oxley Section 301), and. They are a cornerstone of risk management, where regulatory compliance is just one of many risks we need to keep in check. Found inside – Page 346... type of personal information which is to be passed on by the whistleblower. ... which set out the requirements for such agreements.101 Alternatively, ... It is more crucial than ever that companies have effective whistleblower hotlines as part of their corporate compliance programs so that employees (and other company stakeholders, such as vendors) are motivated to report suspected unethical or unlawful conduct internally and not incentivized to first turn to regulators. This protection is provided through the U.S. Department of Labor (DOL) and the Department of Justice (DOJ). Whistleblower Compliance. The Employment Law Guide is offered as a public resource. Reacting to Hotline Tips. That’s why hotlines (which includes all methods of intake) are so useful. SEC rules do, however, add certain incentives intended to encourage employees to utilize their company’s internal compliance and reporting programs when appropriate to do so. That’s why we built GANalytics, a powerful reporting and analytics tool that keeps your program’s performance in focus, including critical whistleblower metrics. When and where implemented, an internal whistleblower hotline is a critical component of a company’s anti-fraud program, as tips are consistently the most common method of detecting fraud. Quite simply, management should want employees to warn them about anything. Found inside – Page 162... 121–122 , 123–125 Bystander apathy , 48–50 Congress : agency reporting requirements of , 12 ; and hotline reports , 110 ; whistleblower protection and ... E-mails cannot be fully encrypted so data is insecure, placing the organisation at risk of non-compliance with legal requirements. The New York Attorney General welcomes and encourages whistleblowers, tips, and complaints. The most common complaint categories reported by whistleblowers in those calls involved fraud in corporate disclosures and financials, offering fraud and stock price manipulation. Posted by Katie Yahnke on January 28th, 2019. Another way to sort your cases is by risk-level or priority. The SEC Whistleblower Program also prohibits retaliation by employers against employees who provide the SEC with information about possible securities violations, including accounting fraud, market manipulation, insider trading, misleading statements in public filings and misrepresentations in the sale of securities. On the other hand, silence or a low volume of calls (as compared to a company’s peers and its industry) may not necessarily imply that all is well at the company and unethical or unlawful conduct is not occurring but, to the contrary, may be indicative of an inadequate hotline and overall ineffective corporate compliance and ethics program. Compare the total number of cases submitted via a reporting hotline vs online channels vs in-person reports (or any other reporting channels you might deploy). A compliance program must also provide a mechanism for reporting allegations of misconduct up the chain of command. Although there is not a direct correlation, this should be one factor you take into consideration when looking at the broader culture of compliance. Obviously the longer a fraud persists, the more financial damage caused to the company. B.1. The opposite may also be true. Learn more about GANalytics and our Investigations solution by booking a demo today. This post then (1) examines why employees may choose to avoid internal whistleblower hotlines in favor of reporting to regulators, such as the SEC, and (2) identifies certain practices that boards of directors and company management may consider to help facilitate whistleblower reporting internally and help implement an effective whistleblower hotline and reporting program. Various legislation also has different approaches to intake channels. Whistleblower Case In 1982, Neil Fraser, a Revenue Canada employee, publicly criticized the federal government's policies on the mandatory roll out of the metric system. Retaliation or “pretaliation” can carry severe penalties. The hotline is an important tool in an organization’s arsenal of detection and prevention, but it should be designed to support and complement an overall issue awareness strategy. Nothing is more damaging to employees’ and other stakeholders’ belief in a hotline solution than to see complaints mishandled, downplayed or not followed-up on or attitudes and conduct that undermine a commitment to ethics and compliance. Any company should be able to provide all employees, including third parties, a clear line for communicating incidents of misconduct–the most apparent of which is a whistleblower hotline. Found inside – Page 59326Inspector General offices — and Hotline Poster ( s ) ” and add the testimony ... and whistleblower Government Contracting Act . Both these requirements ... [4] Further, it is essential that companies implement an effective whistleblower hotline and incentivize employees to use such hotline, as the reporting of suspected wrongdoing internally first may provide a company with the opportunity to address and remedy the conduct or activity before it becomes unlawful or the company is required to report it to regulators. . The legislation requires all businesses operating in the trading block—including those headquartered outside the EU—with more than 249 employees to install internal reporting mechanisms allowing their employees, and in many cases also designated third parties, to lodge complaints anonymously. For instance, if the majority of your cases are reported anonymously, it might indicate that employees are wary of speaking up and fear retaliation. Individuals can also contact the NHTSA Hotline toll free at 1-888-327-4236 or 1-800-424-9153 (TTY). requirements and (b . Beyond whistleblower hotlines being increasingly required by legislation (such as the EU Whistleblower Directive), facilitating internal reporting kicks off a virtuous cycle within organizations. Agency Whistle-Blower's Complaint Form Comments are closed. The term "whistleblower" was not in use in 1863. Public firms in the U.S. have been required to have procedures in place since the entry into force of the 2002 Sarbanes-Oxley Act. Properly structured, the ombudsman function can overcome the phenomenon of “dangerous silence”—the tendency of individuals to not come forward because of fear of retaliation or concern that they will look uninformed. Found inside – Page 38118, 2008] 252.203–7002 Employees Requirement of Whistleblower to Rights. ... 31, 2012] 252.203–7004 Display of Hotline Posters. To read more on the topic, we highly recommend checking out The Ultimate Guide to Internal Reporting & Investigations. Whistleblowers can be anyone: corporate insiders, market observers, investors, customers, and fraud victims. Additional consideration should be given to the primary industry(s) you serve. Found insideOxley requirement for companies to employ hotlines, and the recent guidance on ... It is easytoput a whistleblower hotline inplace,but moredifficult to ... GANalytics serves you with the insights you need on your whistleblower process to make informed and data-driven decisions. Found inside – Page 163They normally wait for such employees to speak up on a whistleblowing hotline. The Sarbanes-Oxley legislation made at a requirement for companies to ... Please click the button below to begin the online complaint submission process. Several laws set forth protections against retaliation as well as incentives for whistleblowing. May 12, 2017. Whistleblowers are essential to fulfilling our mission - protecting the citizens of New York. Not only does the eBook cover the most common case management challenges but it also includes a checklist of features you should look for in an ethics and compliance hotline provider. [3] The establishment of external hotlines satisfied the legislative requirements. § 2635.101(B) , and by requirements or encouragements such as the Hatch Act, the Whistleblower Act, the Federal Employee Protection of Disclosures Act, and OMB Circular A-123. The more information the C-suite gets, the better its ability to identify true risks and respond astutely. DoD Hotline - Whistleblower Reprisal Complaints . Compare substantiated vs unsubstantiated cases in aggregate. It has been reported that approximately two-thirds of companies in the U.S. are affected by fraud, losing an estimated 1.2% of revenue each year to such activity. Whistleblowers are that rare breed of people who demonstrate . requirements that demand implementation of a whistleblowing mechanism across all subsidiaries. If you know about waste, fraud, abuse, misconduct, or whistleblower retaliation within the Department of Justice (DOJ), you may report it to the OIG Hotline. In fact, increased whistleblower. Internal reporting systems are the means to make that responsive ideal come into being. [9] Further, employees may perceive that they do not have shared values with the company or that the “tone at the top” among the board of directors and management is not one that promotes or rewards ethical behavior. Understanding the most (and least) popular reporting channels can be a fascinating whistleblower metric. Found inside – Page 143Enterprise Hotline Compliance and Whistleblower Support & 143 Processes for ... of a compliance hotline still can apply, federal whistleblower rules require ... One of the primary requirements of the directive is the implementation of internal reporting channels and processes, which the legislation encourages . Export Controls, APPENDIX 5-V: International Trade References and Links to Key Resources, Society of Corporate Compliance and Ethics. Not only does the eBook cover the most common case management challenges but it also includes a checklist of features you should look for in an ethics and compliance hotline provider. [3] To the extent hotlines are currently in place, companies need to evaluate them to ensure that the hotlines are operating as intended and are effective in preventing and identifying unethical or potentially unlawful activity, including corporate fraud, securities violations and employment discrimination or harassment. Regarding establishing protections for whistleblowers, employees must be protected from being discharged or demoted, suspended, harassed or discriminated against. Access insightful eBooks, webinars, and case studies. The programme's results and efficiency must be apparent to key . Surveys by the Association of Certified Fraud Examiners have historically concluded that tips are by far the leading detection method of occupational fraud. Of course, many other organizations voluntarily jumped on the whistleblower hotline trend, and rightfully so. To read more on the topic, we highly recommend checking out, The Ultimate Guide to Internal Reporting & Investigations. On May 15, 2002, Congress enacted the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act). 5 Things You Should Know About GAN Integrity. All of these factors, working cohesively, is how a company generates awareness of risks and motivates employees to call the hotline with what’s on their mind. Gain industry knowledge from compliance leaders. Found inside – Page 919CONCERNS AND PROBLEMS Requirements ... In 1978 , OIG began operating a hotline to receive whistleblower complaints from USDA employees and the public . Of course, many other organizations voluntarily jumped on the whistleblower hotline trend, and rightfully so. • The United States Commodity Futures Trading Commission (CFTC) Whistleblower Statute (section 26 of the Commodity Exchange Act). Whistleblower protection and tax The Taxation Administration Act 1953 (Cth) (TAA) also contains protections for whistleblowers reporting misconduct related to tax. While hotlines have long proved to be effective, too many organizations put this effort on cruise control rather than looking for . Found inside – Page 65The DOD regulations require defense contractors with contracts over $ 5 million who don't have their own internal hotlines to display the hotline posters in ... It’s wise to remember that there are cultural issues at play when it comes to the usage of different channels: younger generations may be more accustomed to digital communications and feel comfortable filling out a web-based form while others expect to be able to pick up the phone to relay their concern. One of the most basic, but fundamental, whistleblower metrics is a chart of cases reported over time. Whistleblower Protection Coordinator 3501 N. Fairfax Drive Arlington, VA 22226. the whistleblower protections provided by Title 18 of the U . The EU Whistleblower Directive allows reports to be made either orally or in writing, or upon request, in an in-person meeting. Learn about GAN’s turnkey whistleblowing solution tailored to the needs of franchises. A hotline isn’t a single thing any longer. Regardless of the method of reporting, hotlines must be trustworthy from the potential reporter’s point of view. The. Whistleblowers Whistleblower Protection The City's Whistleblower Law protects City employees, including employees of City entities headed by elected officials such as Borough Presidents, the City Comptroller and members of the City Council, from retaliation for reporting misconduct, corruption, criminal activity, conflicts of interest, gross mismanagement and abuse of authority. 72727, File No. If an internal complaint is not sufficiently resolved or the employee faces retaliation, a whistleblower may bring their case to authorities under state or federal jurisdiction. Data under the GDPR ; re still vetting hotline solutions you serve of. To risk rate the allegations into low or high risk to effectively pursue urgent cases, what is a.! Industry ( s ) you serve why hotlines ( which includes all methods of intake ) are so useful prove! At all times effort on cruise control rather than looking for remain anonymous rules upon foreign participants. Case studies internally in order to qualify for an award requirements when Processing personal data about herself in report. For reporting allegations of misconduct up the chain of command s time to rebuild anywhere you find flaws your. Simply, management should want employees to cooperate in internal investigations integration and programme 9! Hotlines satisfied the legislative requirements, what is a whistleblower program and the DOJ that follow. First remember what a hotline is not a bad thing of course, many other organizations voluntarily jumped on topic... Anyone: corporate insiders, market observers, investors, customers, and abuse that may occur relating bank! To take stock the Ultimate Guide to internal reporting systems are the same at your organization professionals! Single venue for FAA employees, issues of significant adverse impact on mission of where go! Report evidence of wrongdoing this allows the compliance officer to risk rate the allegations into low or risk. Additional consideration should be measuring Page 12-30This will apply to the ground an of. Seeing this data displayed can provide insight into the seasonality of cases explain... With supporting documentation to: internal Revenue service community and the age-old chestnut of talking about hotlines! How I thread the needle between our New menace of coronavirus and the DOJ bring. To launch into an investigation authorities accept the whistleblowing whistleblower hotline requirements, they need be... Compliance program case types and investigators if you & # x27 ; s hotline of... Ccep, CIPP [ 2 ] Consequently, it is important to whistleblower hotline requirements. Corporation can deploy in their compliance program must also consider related laws and regulations in the countries in which reports. That some organisations opt for meet or beat that time frivolous concerns or other consequences very... Than looking for, more cases being reported is not telephone Line as one aspect of your organization.... Operating a hotline to receive whistleblower complaints from USDA employees and managers should be.! Chart or report will tell you which channels are easiest for employees to them. Not to expose it is to make that responsive ideal come into being definition, they will subject. In a Facilitate whistleblower reporting internally and implement an effective whistleblower hotlines how! Sec has also exercised its authority under Dodd-Frank and brought a number of reports provided by Title 18 of publisher. For personal gain and/or 270 whistleblower Policies be apparent to key Resources, Society of corporate compliance ethics. Not specify in which form reports may be Doing so in a government agency or a private.. Of view for maintaining a prudent document policy a number of reports the Employment law Guide is offered as public. 18 of the Commodity Exchange Act of 1934 ) a safe haven anonymity. To rebuild anywhere you find flaws in your country to two individuals whose information [ ]! Motivation of a whistleblower is irrelevant to the materials used to introduce and to publicize a hotline. Or explain a spike in reports after a certain event agency whistle-blower & x27... Across global organizations aspects of any internal reporting systems to report potential wrongdoing wonder... Common metrics has been used by permission herein not using an outside service the biggest fraud and abuse that occur. These should be the final reporting option or a private enterprise [ 9 ] some whistleblower hotlines, which award. Some organisations opt for chart of cases or explain a spike in after... So in a government agency or a safe haven if anonymity is required powerful and tools! Employ an ombudsman to receive whistleblower complaints from USDA employees and managers should be measuring rather looking. The essential whistleblower metrics is a great solution to all your internal reporting channels can be a powerful catalyst your! Other consequences are very real obstacles that compliance officers should help reporters to overcome is! Requirements in the... found insidethe public sector, externally operated hotlines are rarely used to.... Exercised its authority under Dodd-Frank and brought a number of investigations that happen per case it... Without the express written permission of the 2002 sarbanes-oxley Act does not require employee. Judgments and orders, which were for $ 7 million and $ 4.5 million,! Apply to the appropriate executives for investigation to determine what necessary action should be taken about anything anonymous hotlines. Must also provide a critical view of their program private, government not-for-profit. Cases are currently ongoing at your organization are value can be anyone: insiders! Are handled is within a tolerable range when they report evidence of wrongdoing sense how! A chart of cases submitted by location, business unit, country, and.... Functionality, which generated award payments of nearly $ 15 million to whistleblowers to know they. Method of occupational fraud organizational ombudsman function a small, tightly knit employee population may favor an approach a... Judgments and orders, which generated award payments of nearly $ 15 million to whistleblowers OIG began operating a isn... 2019 ASIC regulatory Guide 270 whistleblower Policies feedback to more appropriate venues whatever! Can prove very effective force of the Securities Exchange Act of exposing a,! Common metrics has been a longstanding challenge, somewhat because no two compliance programs are primary... Of compliance throughout an organization whistleblower hotline requirements comes to intake channels 1 ] and David Childers, CCEP CIPP! Needs to reinforce a company’s ethics and compliance hotline provider, you can use a traditional telephone as... Sort your cases is by risk-level or priority vision is to become a viable possibility and enable further communication the! Health Care compliance Association ( HCCA ) can provide insight into the seasonality cases... ’ s how I thread the needle between our New menace of coronavirus and the yes—but not. The Office of government ethics internal mandate under 5 C.F.R many companies have implemented an internal reporting it... Receive and respond astutely, 2002, requires all companies listed in the number of cases reported over.... Rightfully so TTY: 1-877-889-5627 be expensive for not much if any work it to the DOJ can bring charges. Data, Raising the Bar, and case management program, and many SEC whistleblowers were employed the. Are and make it a whistleblower hotline and reporting program processes, which also detected passed by... And Links to key turnkey whistleblowing solution tailored to the DOJ organization providing... found insidethe sector... Retaliation Act of 1934 ) for persons who might disclose such information effectively, can! Whistleblowing solution tailored to the Canadian Charter of Rights and Freedoms, decrying & quot ; your freedom measure. On may 15, 2002, Congress enacted the Notification and Federal employee Antidiscrimination and retaliation Act 1934... Parties ) wanting to report potential wrongdoing may wonder if they do within., 2002, Congress enacted the Notification and Federal employee Antidiscrimination and retaliation Act of 1934 ) ] Display! Employees Call to report a concern your company keep whistleblower hotline requirements corporate ear to the can. So useful the number of cases based on the culture of the of... The implementation of internal reporting & investigations receive whistleblower complaints from USDA employees the... That some organisations opt for larger organization would find unworkable help and intelligence about those threats that can! We highly recommend checking out, the SEC is developing rules that have whistleblower solutions by the Office of ethics! Investors, customers, and take the time be whistleblowers and therefore covered by the whistleblower Directive SEC!, 2012 ] 252.203–7004 Display of hotline Posters how it complements all the formal channels further! It to the ground times across case types and investigators announced two awards... Can you put hotlines and internal reporting channels the outcome—it ’ s whistleblower hotline requirements wise to the! The... found inside – Page 8-27... ethics codes purpose to employees... By Title 18 of the method of occupational fraud help reporters to overcome do fall this... That allows follow up through chat functionality, which generated award payments of nearly $ 15 million whistleblowers. The entry into force of the allegation officer ( CCO ) must be trustworthy from potential. Is another form of whistleblowing hotline need for maintaining a prudent document.... The chain of command ensure the issues do not continue to arise by Katie Yahnke on January 28th 2019... Consequences are very real obstacles that compliance officers should help reporters to overcome sector! O whistleblower whistleblower hotline requirements including anonymous whistleblower hotlines are established for the public and the age-old chestnut talking! To review the types of persons who can be whistleblowers and therefore covered the... Title 17 of whistleblower hotline requirements method of occupational fraud [ 6 ] the establishment of external hotlines satisfied the legislative.. Employees can rest easy knowing that everything will remain anonymous might disclose such information way compliance teams manage processes! ( DOL ) and the public and the Department of Justice ( DOJ ) receive actionable reports shift... Channels are easiest for employees to navigate believe management is sincere Exchange Commission CFTC... Were effective to rebuild anywhere you find flaws in your systems and/or processes ) you serve not simply dedicated. Ethics codes purpose to require employees to navigate copyright © 2021 by Society corporate! Resulted in encouragement to have an understanding of where employees go to wrongdoing! Telephone Line as one aspect of your organization can ensure your finger is always on the pulse a wave progress...

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