sub-recipients in implementing the project or programme or using the UNDP funds. [t will
ensure that its financial management, anti-corruption and anti-fraud policies are in place and
enforced for all funding received from or through UNDP.
The requirements of the following documents, then in force at the time of signature of the
Project Document, apply to each responsible party, subcontractor and sub-recipient: (a)
UNDP Policy on Fraud and other Corrupt Practices and (b) UNDP Office of Audit and
investigations Investigation Guidelines. Each responsible party, subcontractor and subrecipient agrees to the requirements of the above documents, which are an integral part of
this Project Document and are available online at www.undp.org.
In the event that an investigation is required, UNDP will conduct investigations relating to
any aspect of UNDP programmes and projects. Each responsible party, subcontractor and
sub-recipient will provide its full cooperation, including making available personnel, relevant
documentation, and granting access to its (and its consultants’, subcontractors’ and subrecipients’) premises, for such purposes at reasonable times and on reasonable conditions
as may be required for the purpese of an investigation. Should there be a limitation in
meeting this obligation, UNDP shall consult with it to find a solution.
Each responsible party, subcontractor and sub-recipient will promptly inform UNDP as the
implementing Partner in case of any incidence of inappropriate use of funds, or credibie
allegation of fraud or corruption with due confidentiality.
Where it becomes aware that a UNDP project or activity, in whole or in part, is the focus of
investigation for alleged fraud/corruption, each responsible party, subcontractor and subrecipient will inform the UNDP Resident Representative/Head of Office, who will promptly
inform UNDP’s Office of Audit and Investigations (OAIl). It will provide regular updates to the
head of UNDP in the country and OAI of the status of, and actions relating to, such
investigation.
Choose one of the three following options:
Option 1: UNDP will be entitled to a refund from the responsible party, subcontractor or subrecipient of any funds provided that have been used inappropriately, including through fraud
or corruption, or otherwise paid other than in accordance with the terms and conditions of
this Project Document. Such amount may be deducted by UNDP from any payment due to
the responsible party, subcontractor or sub-recipient under this or any other agreement.
Recovery of such amount by UNDP shall not diminish or curtail any responsible party’s,
subcontractor’s or sub-recipient’s obligations under this Project Document.
Option 2:
applicable,
whole or in
may seek
recovery of
through
Each responsible party, subcontractor or sub-recipient agrees that, where
donors to UNDP (including the Government) whose funding is the source, in
part, of the funds for the activities which are the subject of the Project Document,
recourse to such responsible party, subcontractor or sub-recipient for the
any funds determined by UNDP to have been used inappropriately, including
fraud or corruption, or otherwise
conditions of the Project Document.
paid other than in accordance
with the terms and
Option 3: UNDP will be entitled to a refund from the responsible party, subcontractor or subrecipient of any funds provided that have been used inappropriately, including through fraud
or corruption, or otherwise paid other than in accordance with the terms and conditions of
the Project Document. Such amount may be deducted by UNDP from any payment due to
the responsible party, subcontractor or sub-recipient under this or any other agreement.
Where such funds have not been refunded to UNDP, the
sub-recipient agrees that donors to UNDP (including the
source, in whole or in part, of the funds for the activities
seek recourse to such responsible party, subcontractor
responsible party, subcontractor or
Government) whose funding is the
under this Project Document, may
or sub-reciplent for the recovery of
any funds determined by UNDP to have been used inappropriately, including through fraud
or corruption, or otherwise paid other than in accordance with the terms and conditions of
the Project Document.
Note: The term “Project Document’ as used in this clause shall be deemed to include any
relevant subsidiary agreement further to the Project Document, including those with
responsible parties, subcontractors and sub-recipients.
27
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