Common use of Investigation of Fraud Clause in Contracts

Investigation of Fraud. The Recipient must report in writing within five (5) Business Days to DFAT any suspicion or detection of Fraudulent Activity involving the Activity including any Fraudulent Activity involving or relating to the Recipient's Personnel. In the event of a Fraud and in consultation with DFAT, the Recipient must develop and implement a strategy to investigate the Fraud, based on the principles set out in the Australian Government Investigations Standards (xxxx://xxx.xx.xxx.xx/XxxxxxXxxXxxxxxxxxxx/XXX/Xxxxx/Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx/XxxxxxxxxxXxxxxxxxxxXxxxxxxxxxxxxXxxxxxxxx0000xxxXxxxxxxxxxXxxxxxxxxxXxxxxxxxxxxxxxXxxxxxxxx0000.xxxx). The Recipient must undertake the investigation at the Recipient’s cost. In addition to the investigation carried out by the Recipient under Clause 30.3 (b) (Investigation of Fraud) above, DFAT or its nominee may conduct its own investigation. If DFAT exercises its rights under this clause, the Recipient must provide all reasonable assistance that may be required at the Recipient's sole expense. Following the conclusion of an investigation (whether by the Recipient or by DFAT) if the investigation finds that: the Recipient, its Personnel have acted in a Fraudulent manner, the Recipient must: where money has been misappropriated, pay to DFAT the full value of the Funds that have been misappropriated or reinstate such amount to the use of the Activity; where an Asset has been misappropriated, either return the item to DFAT or for use in the Activity or if the Asset cannot be recovered or has been damaged so that it is no longer usable, replace the Asset with one of equal value at the time of original purchase and of at least equal quality to the Asset at the time of original purchase; refer the matter to the relevant Partner Country police or other authorities responsible for prosecution of Fraudulent Activity, unless an exemption has been sought and granted by the relevant DFAT delegate; and keep DFAT informed, in writing, on a monthly basis, of the progress of the investigation and recovery action; or a Party other than the Recipient, or its Personnel have acted in a Fraudulent manner, the Recipient must, at the Recipient’s cost make every effort to recover any Funds or Assets acquired or distributed through Fraudulent Activity, including the following: take recovery action in accordance with recovery procedures, including civil litigation, available in the Partner Country; refer the matter to the relevant Partner Country police or other authorities responsible for prosecution of fraudulent activity, unless an exemption has been sought and granted by the relevant DFAT delegate; and keep DFAT informed, in writing, on a monthly basis, of the progress of the recovery action. If the Recipient considers that after all reasonable action has been taken to recover the Funds or Assets and full recovery has not been achieved or recovery has only been achieved in part, the Recipient may seek approval from DFAT that no further recovery action be taken. The Recipient must provide to DFAT all information, records and documents required by DFAT to enable DFAT to make a decision on whether or not to approve non-recovery of losses arising from Fraudulent Activity or misappropriated Funds or Assets.

Investigation of Fraud. ‌ (a) The Recipient must report in writing within five (5) Business Days to DFAT any suspicion or detection of Fraudulent Activity involving the Activity including any Fraudulent Activity involving or relating to the Recipient's Personnel. . (b) In the event of a Fraud and in consultation with DFAT, the Recipient must develop and implement a strategy to investigate the Fraud, based on the principles set out in the Australian Government Investigations Standards (xxxx://xxx.xx.xxx.xx/XxxxxxXxxXxxxxxxxxxx/XXX/Xxxxx/Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx/XxxxxxxxxxXxxxxxxxxxXxxxxxxxxxxxxXxxxxxxxx0000xxxXxxxxxxxxxXxxxxxxxxxXxxxxxxxxxxxxxXxxxxxxxx0000.xxxxxxxx://xxx.xx.xxx.xx/XxxxxxXxxXxxxxxxxxxx/XXX/Xxxxx/Xxxxxxxxxxxxxxxxxxxxxxxx losurelog/AustralianGovernmentInvestigationStandards2011andAustralianGovern mentInvestigationsStandards2003.aspx). The Recipient must undertake the investigation at the Recipient’s cost. cost.‌ (c) In addition to the investigation carried out by the Recipient under Clause 30.3 (b) (Investigation Inve stigation of Fraud) above, DFAT or its nominee may conduct its own investigation. If DFAT exercises its rights under this clause, the Recipient must provide all reasonable assistance that may be required at the Recipient's sole expense. . (d) Following the conclusion of an investigation (whether by the Recipient or by DFAT) if the investigation finds that: : (i) the Recipient, its Personnel have acted in a Fraudulent manner, the Recipient must: : (A) where money has been misappropriated, pay to DFAT the full value of the Funds that have been misappropriated or reinstate such amount to the use of the Activity; ; (B) where an Asset has been misappropriated, either return the item to DFAT or for use in the Activity or if the Asset cannot be recovered or has been damaged so that it is no longer usable, replace the Asset with one of equal value at the time of original purchase and of at least equal quality to the Asset at the time of original purchase; ; (C) refer the matter to the relevant Partner Country police or other authorities responsible for prosecution of Fraudulent Activity, unless an exemption has been sought and granted by the relevant DFAT delegate; and an (D) keep DFAT informed, in writing, on a monthly basis, of the progress of the investigation and recovery action; or or (ii) a Party other than the Recipient, or its Personnel have acted in a Fraudulent manner, the Recipient must, at the Recipient’s cost make every effort to recover any Funds or Assets acquired or distributed through Fraudulent Activity, including the following: : (A) take recovery action in accordance with recovery procedures, including civil litigation, available in the Partner Country; ; (B) refer the matter to the relevant Partner Country police or other authorities responsible for prosecution of fraudulent activity, unless an exemption has been sought and granted by the relevant DFAT delegate; and and (C) keep DFAT informed, in writing, on a monthly basis, of the progress of the recovery action. . (e) If the Recipient considers that after all reasonable action has been taken to recover the Funds or Assets and full recovery has not been achieved or recovery has only been achieved in part, the Recipient may seek approval from DFAT that no further recovery action be taken. . (f) The Recipient must provide to DFAT all information, records and documents required by DFAT to enable DFAT to make a decision on whether or not to approve non-recovery of losses arising from Fraudulent Activity or misappropriated Funds or Assets.

Investigation of Fraud. (a) The Recipient must report in writing within five (5) Business Days to DFAT any suspicion or detection of Fraudulent Activity involving the Activity including any Fraudulent Activity involving or relating to the Recipient's Personnel. . (b) In the event of a Fraud and in consultation with DFAT, the Recipient must develop and implement a strategy to investigate the Fraud, based on the principles set out in the Australian Government Investigations Standards (xxxx://xxx.xx.xxx.xx/XxxxxxXxxXxxxxxxxxxx/XXX/Xxxxx/Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx/XxxxxxxxxxXxxxxxxxxxXxxxxxxxxxxxxXxxxxxxxx0000xxxXxxxxxxxxxXxxxxxxxxxXxxxxxxxxxxxxxXxxxxxxxx0000.xxxxxxxx://xxx.xx.xxx.xx/XxxxxxXxxXxxxxxxxxxx/XXX/Xxxxx/Xxxxxxxxxxxxxxxxxxxxxxxx losurelog/AustralianGovernmentInvestigationStandards2011andAustralianGovern mentInvestigationsStandards2003.aspx). The Recipient must undertake the investigation at the Recipient’s cost. . (c) In addition to the investigation carried out by the Recipient under Clause 30.3 (b) (Investigation of Fraud) above, DFAT or its nominee may conduct its own investigation. If DFAT exercises its rights under this clause, the Recipient must provide all reasonable assistance that may be required at the Recipient's sole expense. . (d) Following the conclusion of an investigation (whether by the Recipient or by DFAT) if the investigation finds that: : (i) the Recipient, its Personnel have acted in a Fraudulent manner, the Recipient must: : (A) where money has been misappropriated, pay to DFAT the full value of the Funds that have been misappropriated or reinstate such amount to the use of the Activity; ; (B) where an Asset has been misappropriated, either return the item to DFAT or for use in the Activity or if the Asset cannot be recovered or has been damaged so that it is no longer usable, replace the Asset with one of equal value at the time of original purchase and of at least equal quality to the Asset at the time of original purchase; ; (C) refer the matter to the relevant Partner Country police or other authorities responsible for prosecution of Fraudulent Activity, unless an exemption has been sought and granted by the relevant DFAT delegate; and and (D) keep DFAT informed, in writing, on a monthly basis, of the progress of the investigation and recovery action; or or (ii) a Party other than the Recipient, or its Personnel have acted in a Fraudulent manner, the Recipient must, at the Recipient’s cost make every effort to recover any Funds or Assets acquired or distributed through Fraudulent Activity, including the following: : (A) take recovery action in accordance with recovery procedures, including civil litigation, available in the Partner Country; ; (B) refer the matter to the relevant Partner Country police or other authorities responsible for prosecution of fraudulent activity, unless an exemption has been sought and granted by the relevant DFAT delegate; and and (C) keep DFAT informed, in writing, on a monthly basis, of the progress of the recovery action. . (e) If the Recipient considers that after all reasonable action has been taken to recover the Funds or Assets and full recovery has not been achieved or recovery has only been achieved in part, the Recipient may seek approval from DFAT that no further recovery action be taken. . (f) The Recipient must provide to DFAT all information, records and documents required by DFAT to enable DFAT to make a decision on whether or not to approve non-recovery of losses arising from Fraudulent Activity or misappropriated Funds or Assets.

Investigation of Fraud. ‌ (a) The Recipient must report in writing within five (5) Business Days to DFAT any suspicion or detection of Fraudulent Activity involving the Activity including any Fraudulent Activity involving or relating to the Recipient's Personnel. . (b) In the event of a Fraud and in consultation with DFAT, the Recipient must develop and implement a strategy to investigate the Fraud, based on the principles set out in the Australian Government Investigations Standards (xxxx://xxx.xx.xxx.xx/XxxxxxXxxXxxxxxxxxxx/XXX/Xxxxx/Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx/XxxxxxxxxxXxxxxxxxxxXxxxxxxxxxxxxXxxxxxxxx0000xxxXxxxxxxxxxXxxxxxxxxxXxxxxxxxxxxxxxXxxxxxxxx0000.xxxxxxxx://xxx.xx.xxx.xx/XxxxxxXxxXxxxxxxxxxx/XXX/Xxxxx/Xxxxxxxxxxxxxxxxxxxxxxxx losurelog/AustralianGovernmentInvestigationStandards2011andAustralianGovern mentInvestigationsStandards2003.aspx). The Recipient must undertake the investigation at the Recipient’s cost. cost.‌ (c) In addition to the investigation carried out by the Recipient under Clause 30.3 (b) (Investigation of Fraud) above, DFAT or its nominee may conduct its own investigation. If DFAT exercises its rights under this clause, the Recipient must provide all reasonable assistance that may be required at the Recipient's sole expense. . (d) Following the conclusion of an investigation (whether by the Recipient or by DFAT) if the investigation finds that: : (i) the Recipient, its Personnel have acted in a Fraudulent manner, the Recipient must: : (A) where money has been misappropriated, pay to DFAT the full value of the Funds that have been misappropriated or reinstate such amount to the use of the Activity; ; (B) where an Asset has been misappropriated, either return the item to DFAT or for use in the Activity or if the Asset cannot be recovered or has been damaged so that it is no longer usable, replace the Asset with one of equal value at the time of original purchase and of at least equal quality to the Asset at the time of original purchase; ; (C) refer the matter to the relevant Partner Country police or other authorities responsible for prosecution of Fraudulent Activity, unless an exemption has been sought and granted by the relevant DFAT delegate; and an (D) keep DFAT informed, in writing, on a monthly basis, of the progress of the investigation and recovery action; or or (ii) a Party other than the Recipient, or its Personnel have acted in a Fraudulent manner, the Recipient must, at the Recipient’s cost make every effort to recover any Funds or Assets acquired or distributed through Fraudulent Activity, including the following: : (A) take recovery action in accordance with recovery procedures, including civil litigation, available in the Partner Country; ; (B) refer the matter to the relevant Partner Country police or other authorities responsible for prosecution of fraudulent activity, unless an exemption has been sought and granted by the relevant DFAT delegate; and and (C) keep DFAT informed, in writing, on a monthly basis, of the progress of the recovery action. . (e) If the Recipient considers that after all reasonable action has been taken to recover the Funds or Assets and full recovery has not been achieved or recovery has only been achieved in part, the Recipient may seek approval from DFAT that no further recovery action be taken. . (f) The Recipient must provide to DFAT all information, records and documents required by DFAT to enable DFAT to make a decision on whether or not to approve non-recovery of losses arising from Fraudulent Activity or misappropriated Funds or Assets.