What is the BEST document to establish responsibilities and monetary penalties for managing third-party risk?

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The best document to establish responsibilities and monetary penalties for managing third-party risk is a Memorandum of Understanding (MOU). An MOU serves as a formal agreement between parties that outlines the terms, responsibilities, expectations, and communication points regarding a collaboration or partnership, including how to handle risks associated with third parties.

An MOU specifically defines the responsibilities of each party involved and can lay the groundwork for outlining penalties or consequences for failing to fulfill those responsibilities. This makes it an essential document when managing the nuances of third-party risk, ensuring all parties are aware of their commitments and the implications of non-compliance.

While other options exist, they do not provide the same level of clarity or specificity for these scenarios. For example, a Service Level Agreement (SLA) focuses largely on the expected level of service and performance output rather than broad risk management and penalties. An Acceptable Risk Outline (ARO) is a framework used for evaluating and communicating risks rather than specifying responsibilities or penalties. A Business Partnership Agreement (BPA) primarily addresses business relationships and financial agreements, rather than explicitly establishing penalties related to third-party risk management.

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