Checklist of Issues to Consider When Negotiating, Drafting and Enforcing Audit Clauses in Third-Party Contracts

Securing audit rights in contracts with third parties is one specific way to mitigate the corruption risk that doing business with third parties poses.  Audit rights allow a company to monitor third parties’ activities – activities which could result in FCPA charges for the company.  These rights can be challenging to obtain and enforce, and may not be appropriate for all third parties.  This checklist assists companies with structuring negotiations, drafting audit clauses and enforcing agreements.  See “When and How Should Companies Include Audit Rights in Third-Party Contracts? (Part One of Three),” The FCPA Report, Vol. 3, No. 15 (Jul. 23, 2014); Part Two and Part Three

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