CASE STUDIES

When Third Parties Won’t Cooperate: How to Overcome the Real-Life Obstacles to Monitoring and Auditing Third Party Anti-Corruption Compliance

June 26, 2018 9:45am

Michael Duran
Assistant General Counsel and Compliance Director
3M

Donald J. Ridings Jr.
Partner
Covington & Burling LLP

Melissa Small-Cefalu
Director- Forensic Services
PwC

Expert speakers will take you through the realities of auditing and monitoring different types of third parties, and how to address a lack of cooperation and other obstacles. Topics will include:  
  • When and how to monitor and perform audits on longstanding vs. new business partners
  • When audits should be done on a routine basis vs. only if there is a potential issue
  • How to evaluate third party compliance with FCPA, and contractual terms and conditions:
    • Examining compliance programs and codes of conduct
    • Books, records and accounts of the third party
    • Third party subsidiaries, joint ventures or affiliates
    • Government ownership
    • Third party contracts with downstream third parties
    • Examining commission payments and petty cash activity
    • Analyzing the general ledger for high-risk transactions and cash advances
  • What to do when third parties are not cooperating, including challenges to accessing records, and gaining answers to questionnaires and follow-up questions