Day 7 of One Month to Better 3rd Party Management-Levels of Due Diligence

Thomas Fox - Compliance Evangelist
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The Justice Department Evaluation of Corporate Compliance Programs states in Prong 10,

 

Appropriate Controls – What was the business rationale for the use of the third parties in question? What mechanisms have existed to ensure that the contract terms specifically described the services to be performed, that the payment terms are appropriate, that the described contractual work is performed, and that compensation is commensurate with the See more +

The Justice Department Evaluation of Corporate Compliance Programs states in Prong 10,

 

Appropriate Controls – What was the business rationale for the use of the third parties in question? What mechanisms have existed to ensure that the contract terms specifically described the services to be performed, that the payment terms are appropriate, that the described contractual work is performed, and that compensation is commensurate with the services rendered? 

You should incorporate compliance terms and conditions into your contracts with third parties. You must have appropriate compliance terms and conditions in every contract with third parties. I would suggest that you prepare a template, which can be used as a starting point for your negotiations. The advantages of such a template are several; they include: (1) the contract language is tested against real events; (2) the contract language assists the company in managing its compliance risks; (3) the contract language fits into a series of related contracts; (4) the contract language is straight-forward to administer and (5) the contract language helps to manage the expectations of both contracting parties regarding anti-bribery and anti-corruption.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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