Checklist of Issues to Consider When Negotiating Anti-Corruption Representations and Warranties in Third-Party Contracts

Third-party relationships continue to vex many companies operating internationally.  In fact, nearly every 2014 corporate FCPA resolution highlighted company liability for bribes made to foreign officials by third parties.  Anti-corruption reps and warranties in third-party contracts are one way to mitigate third-party corruption risk.  This checklist can help companies design a template to use when drafting provisions for specific third parties.  See also “A Guide to Anti-Corruption Representations in Third-Party Contracts: Nine Clauses to Include (Part One of Two),” The FCPA Report, Vol. 3, No. 13 (Jun. 25, 2014); “Clauses for High-Risk Situations and Enforcement Strategies (Part Two of Two),” Vol. 3, No. 14 (Jul. 9, 2014).

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