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Strategic Report<br />

4. COMPETITION IN INTERNATIONAL MARKETS<br />

The Group’s business is subject to significant competition in international markets.<br />

Description<br />

– The Group’s business plan depends upon its<br />

ability to win and contract for high-quality new<br />

programmes, an increasing number of which<br />

are expected to be in non-UK/US markets.<br />

– The Group is dependent upon UK and US<br />

government support in relation to a number of<br />

its business opportunities in export markets.<br />

In the UK, export contracts are often<br />

structured on a government-to-government<br />

basis and government support can also<br />

involve military training, ministerial support<br />

for promotional activities and financial<br />

support through UK Export Finance. In the US,<br />

most of the Group’s defence export sales are<br />

delivered through the Foreign Military Sales<br />

process, under which the importing government<br />

contracts with the US government.<br />

Impact<br />

– The Group’s business and future results may<br />

be adversely impacted if it is unable to<br />

compete adequately and obtain new business<br />

in the markets in which it operates.<br />

Mitigation<br />

– The Group has an international, multi-market<br />

presence, a balanced portfolio of businesses,<br />

leading capabilities and a track record of<br />

delivery on its commitments to its customers.<br />

– The Group continues to invest in research and<br />

development, and to reduce its cost base and<br />

improve efficiencies, to remain competitive.<br />

5. LAWS AND REGULATIONS<br />

The Group is subject to risk from a failure to comply with laws and regulations.<br />

Description<br />

– The Group operates in a highly-regulated<br />

environment across many jurisdictions and is<br />

subject, without limitation, to regulations<br />

relating to import-export controls, money<br />

laundering, false accounting, anti-bribery and<br />

anti-boycott provisions. It is important that<br />

the Group maintains a culture in which it<br />

focuses on embedding responsible business<br />

behaviours.<br />

– Export restrictions could become more<br />

stringent and political factors or changing<br />

international circumstances could result in<br />

the Group being unable to obtain necessary<br />

export licences.<br />

Impact<br />

– Failure by the Group, or its sales<br />

representatives, marketing advisers or others<br />

acting on its behalf, to comply with these<br />

regulations could result in fines and penalties<br />

and/or the suspension or debarment of the<br />

Group from government contracts or the<br />

suspension of the Group’s export privileges,<br />

which could have a material adverse effect on<br />

the Group.<br />

– Reduced access to export markets could<br />

have a material adverse effect on the Group’s<br />

future results and financial condition.<br />

Mitigation<br />

– <strong>BAE</strong> Systems has a well-established legal and<br />

regulatory compliance structure aimed at<br />

ensuring adherence to regulatory<br />

requirements and identifying any restrictions<br />

that could adversely impact the Group’s<br />

activities. A programme is underway to<br />

enhance resources dedicated to regulatory<br />

compliance.<br />

– Internal and external market risk<br />

assessments form an important element of<br />

ongoing corporate development and training<br />

processes.<br />

– A uniform global policy and process for the<br />

appointment of advisers engaged in business<br />

development is in effect.<br />

– The special compliance officer, appointed<br />

pursuant to commitments concerning ongoing<br />

regulatory compliance made in the course of<br />

the 2011 settlement with the US Department<br />

of State, concluded his monitorship in May<br />

<strong>2014</strong> and, at the invitation of <strong>BAE</strong> Systems,<br />

agreed to remain in a limited capacity for a<br />

limited further period of time.<br />

STRATEGIC REPORT GOVERNANCE FINANCIAL STATEMENTS<br />

<strong>BAE</strong> Systems<br />

Annual Report <strong>2014</strong><br />

51

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