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Managing Ethics Through Agents and Intermediaries Print

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Exposure created by others.

WHY IT MATTERS

You are responsible for what is done on your behalf.

WHO CREATES THIS EXPOSURE

Sales agents and representatives Customs brokers and clearing agents Consultants who facilitate approvals Joint venture partners Distributors Anyone acting for you

WHAT TO ESTABLISH BEFORE ENGAGING ANY

Who they are and who owns them Their reputation and record What they will actually do Whether their fee is proportionate to the work Any connection to officials or decision makers

WHY FEE PROPORTIONALITY

Fees substantially above the value of the service frequently fund something else.

WHAT TO BE ALERT TO

Success fees for obtaining approvals Reluctance to describe the work Requests for payment in unusual ways or places Insistence on being the only route Recommendations from the person making the decision

WHY THAT LAST POINT

An official recommending an agent is a serious indicator.

WHAT TO AGREE IN WRITING

The services, precisely The fee and its basis Compliance obligations The right to audit Termination for improper conduct

WHAT TO REQUIRE

Invoices describing the actual work.

WHAT TO ESTABLISH

That they will not make payments on your behalf without approval.

WHAT TO MONITOR

Their conduct, and unusual expense claims.

WHAT TO DO ON ANY INDICATION

Investigate, and terminate where warranted.

WHY PROMPTLY

Continuing after knowledge is far worse than the original act.

WHAT TO RECORD

Due diligence performed and decisions made.


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