Common use of Audit Protocol Clause in Contracts

Audit Protocol. To ensure compliance with this Contract, the Auditor must adhere to the following protocol: Review of records: To verify the requirements of this Contract, the auditor must review at a minimum the records specified below. Tribal retailer: financial statements or purchase invoices relating to purchases of cigarettes from licensed wholesalers or other wholesalers noted under a memorandum of agreement under Part VI, financial statements or sales invoices relating to sales of stamped cigarettes, sales of exempt cigarettes, cigarette inventory, records to verify whether Tribal cigarette and sales taxes were remitted to the Tribe for deposit into Tribal accounts, and records to verify that the retail selling price included the applicable tribal taxes. Tribe: records such as account records and contract invoices necessary to verify that all Tribal cigarette tax revenue was used to fund essential government services described in Part XIII, section 8 of this Contract. Self-certified out-of-state wholesaler, self-certified Tribal wholesaler, or Tribe as own wholesaler: records noted as subject to audit in a memorandum of agreement under Part VI of this Contract. Period under review: To verify the requirements of this Contract, the auditor may review records for all years during the current appropriate audit cycle. Records relating to the period before the effective date of the Tribal cigarette tax are not open to review under this Part. Audit cycle: The audit cycle shall be no more frequently than once every four years, unless otherwise specified below. Initial review: The first required review must cover the period starting on the effective date of the tax and ending December 31, 2004. The Auditor must provide its findings by April 1, 2005. This initial review shall include all of the activities covered by the protocol. Thereafter, reviews shall take place on the regular audit cycle. Use of Tribal cigarette tax revenue: The auditor will review records of the Tribe on an annual basis, consistent with the Tribe’s fiscal year, to verify that all Tribal cigarette tax revenue was used to fund essential government services.

Audit Protocol. To ensure compliance with this Contract, the Auditor must adhere to the following protocol: Review of records: To verify the requirements of this Contract, the auditor must review at a minimum the records specified below. Tribal retailer: financial statements or purchase invoices relating to purchases of cigarettes from licensed wholesalers or other wholesalers noted under a memorandum of agreement under Part VI, financial statements or sales invoices relating to sales of stamped cigarettes, sales of exempt cigarettes, cigarette inventory, records to verify whether Tribal cigarette and sales taxes were remitted to the Tribe for deposit into Tribal accounts, and records to verify that the retail selling price included the applicable tribal taxes. Tribe: records such as account records and contract invoices necessary to verify that all Tribal cigarette tax revenue was used to fund essential government services described in Part XIII, section 8 of this Contract. Self-certified out-of-state wholesaler, self-certified Tribal wholesaler, or Tribe as own wholesaler: records noted as subject to audit in a memorandum of agreement under Part VI of this Contract. Period under review: To verify the requirements of this Contract, the auditor may review records for all years during the current appropriate audit cycle. Records relating to the period before the effective date of the Tribal cigarette tax are not open to review under this Part. Audit cycle: The audit cycle shall be no more frequently than once every four years, unless otherwise specified below. Initial review: The first required review must cover the period starting on the effective date of the tax and ending December 31, 20042002. The Auditor must provide its findings by April 1, 20052003. This initial The second required review shall include all of must cover the activities covered by the protocol. Thereafterone-year period starting January 1, reviews shall take place on the regular audit cycle2003. Use of Tribal cigarette tax revenue: The auditor will review records of the Tribe on an annual basis, consistent with the Tribe’s fiscal year, to verify that all Tribal cigarette tax revenue was used to fund essential government services.

Audit Protocol. To ensure compliance with this Contract, the Auditor must adhere to the following protocol: Review of recordsPeriod under review: To verify the requirements of this Contract, the auditor Auditor must review records for all years during the current appropriate audit cycle, and may review records for earlier years only as necessary for an internal reconciliation of the person’s books. However, records relating to the period before the effective date of the Tribal cigarette tax are not open to review except to verify the quarterly average sales baseline as described in section 7 of this Part. In situations where the Auditor is responsible for verifying records on less than an annual basis, the period under review shall not include years previously reviewed by the Auditor, except when a violation is alleged to have occurred during the period previously reviewed. Records to be examined: To verify the requirements of this Contract, the Auditor must review at a minimum the records specified below. Tribal retailerIn all situations, the Auditor is not responsible for examining records that do not relate to the stamping, selling, or taxing activities of the Upper Skagit Indian Tribe, unless a review of the records is necessary for an internal reconciliation of the books. Self-certified wholesaler and self-certified tribal wholesaler: financial statements or purchase records and invoices relating to purchases of cigarettes from licensed wholesalers or other wholesalers noted under a memorandum stamp purchases, records and invoices of agreement under Part VI, financial statements or sales invoices relating to sales of stamped cigarettes, stamp inventory, and the stamping process. Stamp vendor: records and invoices of stamps purchased from the stamp manufacturer, records and invoices of sales of exempt cigarettesstamps to licensed wholesalers, manufacturers, self-certified wholesalers and self-certified tribal wholesalers, or Tribal retailers, and stamp inventory. Tribal retailers: records and invoices of cigarettes purchased from licensed wholesalers, self-certified wholesalers, self-certified tribal wholesalers and manufacturers, records and invoices of cigarettes sold, cigarette inventory, and additional records necessary to verify whether Tribal cigarette and sales taxes were remitted to tax revenue was used in accordance with the Tribe for deposit into Tribal accounts, requirements of Part XIII section 8 and records to verify that the retail selling price included the applicable tribal taxes. Tribe: records such as account records and contract invoices necessary to verify that all Tribal cigarette tax revenue was used to fund essential government services described in Part XIII, section 8 of this Contract. Self-certified out-of-state wholesaler, self-certified Tribal wholesaler, or Tribe as own wholesaler: records noted as subject to audit in a memorandum of agreement under Part VI of this Contract. Period under review: To verify the requirements of this Contract, the auditor may review records for all years during the current appropriate audit cycle. Records relating to the period before the effective date of the Tribal cigarette tax are not open to review under this Part. Audit cycle: The audit cycle shall be no more frequently than once every four years, unless otherwise specified below. Initial review: The first required review must cover the period starting on the effective date of the tax and ending December 31, 2004. The Auditor must provide its findings by April 1, 2005. This initial review shall include all of the activities covered by the protocol. Thereafter, reviews shall take place on the regular audit cycle. Use of Tribal cigarette tax revenue: The auditor will review records of the Tribe on an annual basis, consistent with the Tribe’s fiscal year, to verify that all Tribal cigarette tax revenue was used to fund essential government services.