EXAMPLE REPORT AND LETTER FORMATS

**INDEX**

**CPA’s Report on Applying Agreed-Upon Procedures:**

Example A – For Gaming Operations Assertion that the Internal Audit Department Meets the Criteria to Utilize Internal Audit to Substitute for CPA Work – Internal Audit Satisfied Pursuant to 542.3(f)(3)

Example B – For Gaming Operation’s Assertion that the Internal Audit Department Meets the Criteria to

Utilize Internal Audit to Substitute for CPA Work– Another Individual Performs the Internal Audit

Function Pursuant to 542.3(f)(3)

**542.3(f) Report Format:**

Example A – CPA has Performed all of the Compliance Procedures Requirements Pursuant to 542.3(f)

Example B – Management Elects to Utilize Internal Audit to Substitute for Some of the CPA Compliance Procedures Requirements Pursuant to 542.3(f)

**Suggestions for Summarizing Findings**

**CPA’S REPORT ON APPLYING AGREED-UPON PROCEDURES**

**EXAMPLE A – FOR GAMING OPERATION’S ASSERTION THAT THE INTERNAL AUDIT DEPARTMENT MEETS THE CRITERIA TO UTILIZE INTERNAL AUDIT TO SUBSTITUTE FOR CPA WORK – INTERNAL AUDIT SATISFIED UNDER 542.3(f)(3)**

To the Tribal Council of the (Name of Tribe):

We have performed the procedures enumerated below, which were agreed to by the (Name of Tribe), solely to assist the users in evaluating management’s assertion that the gaming operation’s (the “gaming operation”) internal audit department meets the standards established by the National Indian Gaming Commission 25 CFR Part 542, Minimum Internal Control Standards, Section 542.3(f)(3) Reliance on Internal Auditors for the year ended December 31, 200X, included in their representation letter dated ____________.  This agreed-upon procedures engagement was performed in accordance with standards established by the American Institute of Certified Public Accountants.  The sufficiency of these procedures is solely the responsibility of the specified users of the report.  Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. 

Specifically, for purposes of this report, we have performed the following procedures and noted the indicated findings:

a.Obtained the internal audit workpapers for a twelve-month period {INDICATE THE PERIOD} for the following areas and determined whether the CPA MICS Compliance Checklists or other comparable testing procedures were completed and included in the internal audit workpapers and all steps described in the CPA MICS Compliance Checklists were either initialed or signed by an internal audit representative:

· Bingo

· Pull Tabs

· Card Games

· Keno

· Pari-Mutuel Wagering

· Table Games

· Gaming Machines

· Cage

· Credit

· Information Technology

· Complimentary Services and Items

· Drop and Count

{WHEN INTERNAL AUDIT HAS NOT COMPLETED A CHECKLIST DURING THE 12-MONTH PERIOD SELECTED, INDICATE THE REASON IT WAS NOT INCLUDED}

We noted the following exceptions as a result of our procedures:

The internal audit department noted instances of noncompliance that have been included in __________to this report [or “list findings here”] [or the internal audit department noted no instances of noncompliance].

b.For the internal audit workpapers obtained in Step a, we reperformed 3% of each set of procedures for the gaming machine and table game departments and 5% of the procedures for the other departments performed by Internal Audit in compliance with the internal audit MICS as follows:

{INDICATE THE STEP #’S OF THE CHECKLISTS REPERFORMED}

We noted the following exceptions as a result of our procedures:

c. Performed observations and completed the applicable observation checklists, on the dates indicated, of each of the following procedures:

Table Games Soft Drop______________, 200X

Table Games Soft Count______________, 200X

Gaming Machine Hard Drop______________, 200X

Gaming Machine Hard Count______________, 200X

Gaming Machine Currency Acceptor Drop______________, 200X

Gaming Machine Currency Acceptor Count______________, 200X

We noted the following exceptions as a result of our procedures:

d.Completed the CPA MICS Compliance Checklist for internal audit.

We noted the following exceptions as a result of our procedures:

e.(DESCRIBE ANY ADDITIONAL PROCEDURES REQUESTED BY THE COMMISSION, THE TRIBAL GAMING REGULATORY AUTHORITY OR MANAGEMENT).  For example:  

(In addition to the reperformance agreed upon procedures completed in step b above, we reperformed steps _____ to ____ of the Gaming Machines CPA MICS Compliance Checklists completed by internal audit.)

We noted the following exceptions as a result of our procedures:

{MANAGEMENT’S RESPONSE TO THE EXCEPTIONS (for steps b, c, d, and e) MAY BE INCLUDED AS AN ATTACHMENT TO THIS REPORT}

We were not engaged to, and did not, perform an examination, the objective of which would be the expression of an opinion on the internal control structure as a whole.  Accordingly, we do not express such an opinion.  Had we been engaged to perform additional procedures, other matters might have come to our attention that would have been reported to you.

This report is intended solely for the information and use of the management of the gaming operation, the Tribal Gaming Regulatory Authority, Tribal Council, and the National Indian Gaming Commission and should not be used for any other purpose.

ABC Firm

**CPA’S REPORT ON APPLYING AGREED-UPON PROCEDURES**

**EXAMPLE B –  FOR GAMING OPERATION’S ASSERTION THAT THE INTERNAL AUDIT DEPARTMENT MEETS THE CRITERIA TO UTILIZE INTERNAL AUDIT TO SUBSTITUTE FOR CPA WORK –  ANOTHER INDIVIDUAL PERFORMS THE INTERNAL AUDIT FUNCTION UNDER 542.3(f)(3)**

To the Tribal Council of the (Name of Tribe):

We have performed the procedures enumerated below, which were agreed to by the (Name of Tribe), solely to assist the users in evaluating management’s assertion that <Name of Entity> as functioning as the gaming operation’s Internal Audit Department, meets the standards established by the National Indian Gaming Commission 25 CFR Part 542, Minimum Internal Control Standards, Section 542.3(f)(3) Reliance on Internal Auditors for the year ended December 31, 200X, included in their representation letter dated ____________.  This agreed-upon procedures engagement was performed in accordance with standards established by the American Institute of Certified Public Accountants.  The sufficiency of these procedures is solely the responsibility of the specified users of the report.  Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose.

Specifically, for purposes of this report, we have performed the following procedures and noted the indicated findings:

a.Obtained the <Name of Entity> internal audit workpapers for a twelve-month period {INDICATE THE PERIOD} for the following areas and determined whether the CPA MICS Compliance Checklists or other comparable testing procedures were completed and included in the <Name of Entity> internal audit workpapers and all steps described in the CPA MICS Compliance Checklists were either initialed or signed by an <Name of Entity> representative:

· Bingo

· Pull Tabs

· Card Games

· Keno

· Pari-Mutuel Wagering

· Table Games

· Gaming Machines

· Cage

· Credit

· Information Technology

· Complimentary Services and Items

· Drop and Count

{WHEN INTERNAL AUDIT HAS NOT COMPLETED A CHECKLIST DURING THE 12-MONTH PERIOD SELECTED, INDICATE THE REASON IT WAS NOT INCLUDED}

We noted the following exceptions as a result of our procedures:

The internal audit department noted instances of noncompliance that have been included in __________to this report [or “list findings here”] [or the internal audit department noted no instances of noncompliance].

b.For the internal audit workpapers obtained in Step a, we reperformed 3% of each set of procedures for the gaming machine and table game departments and 5% of the procedures for the other departments performed by <Name of Entity> in compliance with the internal audit MICS as follows:

{INDICATE THE STEP #’S OF THE CHECKLISTS REPERFORMED}

We noted the following exceptions as a result of our procedures:

c. Performed observations and completed the applicable observation checklists, on the dates indicated, of each of the following procedures:

Table Games Soft Drop______________, 200X

Table Games Soft Count______________, 200X

Gaming Machine Hard Drop______________, 200X

Gaming Machine Hard Count______________, 200X

Gaming Machine Currency Acceptor Drop______________, 200X

Gaming Machine Currency Acceptor Count______________, 200X

We noted the following exceptions as a result of our procedures:

d.Prepared the CPA MICS Compliance Checklist for internal audit.

We noted the following exceptions as a result of our procedures:

e.(DESCRIBE ANY ADDITIONAL PROCEDURES REQUESTED BY THE COMMISSION, THE TRIBAL GAMING REGULATORY AUTHORITY OR MANAGEMENT).  For example:  

(In addition to the reperformance of agreed-upon procedures completed in step b above, we reperformed steps _____ to _____ of the Gaming Machines CPA MICS Compliance Checklist completed by <Name of Entity>.)

We noted the following exceptions as a result of our procedures:

{ MANAGEMENT’S RESPONSE TO THE EXCEPTIONS (for steps b, c, d, and e) MAY BE INCLUDED AS AN ATTACHMENT TO THIS REPORT }

We were not engaged to, and did not, perform an examination, the objective of which would be the expression of an opinion on the internal control structure as a whole.  Accordingly, we do not express such an opinion.  Had we been engaged to perform additional procedures, other matters might have come to our attention that would have been reported to you.

This report is intended solely for the information and use of the management of the gaming operation, the Tribal Gaming Regulatory Authority, Tribal Council, and the National Indian Gaming Commission and should not be used for any other purpose.

ABC Firm

# SECTION 542.3(f) REPORT FORMAT

**EXAMPLE A - CPA HAS PERFORMED ALL OF THE COMPLIANCE PROCEDURES REQUIREMENTS PURSUANT TO SECTION 542.3(f)**

Independent Accountant’s Agreed-Upon Procedures Report

To the Tribal Council of the (Name of Tribe):

[Introductory paragraphs]

We have performed the procedures enumerated below, which were agreed to by the (Name of Tribe), solely to assist the users in evaluating management’s assertion about the gaming operation’s (the “gaming operation”) compliance with the National Indian Gaming Commission 25 CFR Part 542, Minimum Internal Control Standards, for the year ended (gaming operation’s fiscal year end).  Management is responsible for [name of gaming operation]’s compliance with the Tribal Internal Control Standards and the Minimum Internal Control Standards and published guidelines issued by the National Indian Gaming Commission.

The agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants.  The sufficiency of these procedures is solely the responsibility of those parties specified in this report.  Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose.

[Include paragraphs to enumerate procedures and findings]

The procedures that we performed and our findings are as follows:

1. We obtained from management a copy of the [name of gaming operation]’s submitted system of internal control, adopted pursuant to the National Indian Gaming Commission 25 CFR Part 542 Minimum Internal Control Standards, Section 542.3(c ) which management informed us was submitted to the Tribal Gaming Regulatory Authority and was in effect during the year ended (gaming operation’s fiscal year end) (the “System”).  We also obtained from management, correspondence received by the [name of gaming operation] from the National Indian Gaming Commission, which management informed us represent variances from the Minimum Internal Control Standards (“MICS”) adopted by the National Indian Gaming Commission. 

2. We obtained from the National Indian Gaming Commission a copy of the MICS published by the National Indian Gaming Commission and in effect during the period from (gaming operation’s fiscal year).

3. We compared the detailed controls and procedures, provided in the MICS, obtained in procedure 2, or approved variances from the MICS, obtained in procedure 1, to the detailed controls and procedures described in the System, obtained in procedure 1, to determine whether the required controls and procedures specified in the MICS were included in the System. 

We noted [no] instances where the required MICS controls and procedures (or approved variances) were not included in the System.  Such instances of noncompliance have been included in _____________ [or “list findings here”].  [The last sentence would be deleted if there were no instances.]

4. In accordance with the National Indian Gaming Commission MICS, Section 542.3(f) effective August 12, 2005, we completed the following:  [List of “CPA MICS Compliance Checklists” completed] 

We noted instances of noncompliance that have been included in __________to this report [or “list findings here”] [or we noted no instances of noncompliance].

5. As required by the National Indian Gaming Commission MICS, Section 542.3(f) effective August 12, 2005, we performed observations and completed the applicable observation checklists, on the dates indicated, of each of the following procedures:

Table Games Soft Drop______________, 200X

Table Games Soft Count______________, 200X

Gaming Machine Hard Drop______________, 200X

Gaming Machine Hard Count______________, 200X

Gaming Machine Currency Acceptor Drop______________, 200X

Gaming Machine Currency Acceptor Count______________, 200X

We noted instances of noncompliance that have been included in __________to this report [or “list findings here”] [or we noted no instances of noncompliance].

6. [If applicable, list additional procedures requested by the Commission, the Tribal Gaming Regulatory Authority or Management.]

We noted instances of noncompliance that have been included in ___________ to this report [or “list findings here”] [or we noted no instances of noncompliance].

[Concluding Paragraphs]

We were not engaged to, and did not, perform an examination, the objective of which would be the expression of an opinion on the internal control structure as a whole.  Accordingly, we do not express such an opinion.  Had we been engaged to perform additional procedures, other matters might have come to our attention that would have been reported to you.

This report is intended solely for the information and use of the management of the gaming operation, the Tribal Gaming Regulatory Authority, Tribal Council, and the National Indian Gaming Commission and should not be used for any other purpose.

[Signature]

[Date]

**Notes:**

(1) **Refer to “Suggestions for Summarizing Findings”.**

**CPA SECTION 542.3(f) REPORT FORMAT**

**EXAMPLE B - MANAGEMENT ELECTS TO UTILIZE INTERNAL AUDIT TO SUBSTITUTE FOR SOME OF THE CPA COMPLIANCE PROCEDURES REQUIREMENTS PURSUANT TO SECTION 542.3(f)**

Independent Accountant’s Agreed-Upon Procedures Report

To the Tribal Council of the (Name of Tribe):

[Introductory paragraphs]

We have performed the procedures enumerated below, which were agreed to by the (Name of Tribe), solely to assist the users in evaluating management’s assertion about the gaming operation’s (the “gaming operation”) compliance with the National Indian Gaming Commission 25 CFR Part 542, Minimum Internal Control Standards, for the year ended (gaming operation’s fiscal year end).  Management is responsible for [name of gaming operation]’s compliance with the Tribal Internal Control Standards and the Minimum Internal Control Standards and published guidelines issued by the National Indian Gaming Commission.

The agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants.  The sufficiency of these procedures is solely the responsibility of those parties specified in this report.  Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose.

[Include paragraphs to enumerate procedures and findings]

The procedures that we performed and our findings are as follows:

1. We obtained from management a copy of the [name of gaming operation]’s submitted system of internal control, adopted pursuant to the National Indian Gaming Commission 25 CFR Part 542 Minimum Internal Control Standards, Section 542.3(c ) which management informed us was submitted to the Tribal Gaming Regulatory Authority and was in effect during the year ended (gaming operation’s fiscal year end) (the “System”).  We also obtained from management, correspondence received by the [name of gaming operation] from the National Indian Gaming Commission, which management informed us represent variances from the Minimum Internal Control Standards (“MICS”) adopted by the National Indian Gaming Commission.

2. We obtained from the National Indian Gaming Commission a copy of the MICS published by the National Indian Gaming Commission and in effect during the period from (gaming operation’s fiscal year).

3. We compared the detailed controls and procedures, provided in the MICS, obtained in procedure 2, or approved variances from the MICS, obtained in procedure 1, to the detailed controls and procedures described in the System, obtained in procedure 1, to determine whether the required controls and procedures specified in the MICS were included in the System. 

We noted [no] instances where the required MICS controls and procedures (or approved variances) were not included in the System.  Such instances of noncompliance have been included in _____________ [or “list findings here”].  [The last sentence would be deleted if there were no instances.]

4. We inquired of and obtained from management, the gaming operation’s election to utilize Internal Audit to substitute for CPA work.  The results of the procedures performed by Internal Audit were submitted to the Tribal Gaming Regulatory Authority on [date] for the review period [MM/DD/YY through MM/DD/YY] and on [date] for the review period [MM/DD/YY through MM/DD/YY].

We noted instances of noncompliance that have been included in ___________ to this report [or “list findings here”] [or we noted no instances of noncompliance].

5. In accordance with the National Indian Gaming Commission MICS, Section 542.3(f) effective August 12, 2005, we completed the following:  [List of “CPA MICS Compliance Checklists” completed] 

We noted instances of noncompliance that have been included in __________to this report [or “list findings here”] [or we noted no instances of noncompliance].

6. As required by the National Indian Gaming Commission 25 CFR Part 542, Minimum Internal Control Standards, Section 542.3(f) effective August 12, 2005, for situations where the gaming operation has made an election to utilize internal audit to substitute for CPA work, we performed observations and completed the applicable observation checklists, on the dates indicated, of each of the following procedures:

Table Games Soft Drop______________, 200X

Table Games Soft Count______________, 200X

Gaming Machine Hard Drop______________, 200X

Gaming Machine Hard Count______________, 200X

Gaming Machine Currency Acceptor Drop______________, 200X

Gaming Machine Currency Acceptor Count______________, 200X

We noted instances of noncompliance that have been included in ___________ to this report [or “list findings here”] [or we noted no instances of noncompliance].

7. [If applicable, list additional procedures requested by the Commission, the Tribal Gaming Regulatory Authority or Management.]

We noted instances of noncompliance that have been included in ___________ to this report [or “list findings here”] [or we noted no instances of noncompliance].

[Concluding Paragraphs]

We were not engaged to, and did not, perform an examination, the objective of which would be the expression of an opinion on the internal control structure as a whole.  Accordingly, we do not express such an opinion.  Had we been engaged to perform additional procedures, other matters might have come to our attention that would have been reported to you.

This report is intended solely for the information and use of the management of the gaming operation, the Tribal Gaming Regulatory Authority, Tribal Council, and the National Indian Gaming Commission and should not be used for any other purpose.

[Signature]

[Date]

**Notes:**

(1) **Refer to “Suggestions for Summarizing Findings”.  The findings of the procedures actually performed by the CPA are included in this report.**

###### SUGGESTIONS FOR SUMMARIZING FINDINGS

1. A separate report is prepared for each gaming operation.

2. Subdivide the findings/exception portion of the letter by audit (i.e., gaming machines, keno, credit, etc.).  Under each audit section list the exceptions noted from that audit.  If no exceptions are noted, indicate this under the applicable audit heading.  There should be an audit heading for each audit performed during the period coved by the letter, whether or not exceptions are noted.

3. Clearly state the basis for the exception (i.e., MICS#).  Do **not** indicate the checklist procedure number as the basis for the exception.

4. Indicate how the exception was discovered (i.e., interview with employee on (MM/DD/YY), observation on (MM/DD/YY), detail testing on (MM/DD/YY), etc.)

5. If the exception was discovered through observations of an employee performing his or her duties, indicate if the exception appears to be isolated or whether it is part of the employee’s routine procedures.

6. If the exception was discovered through detail testing, indicate the sample size examined (i.e., number of days reviewed, number of forms reviewed, etc.) and the time period from which the sample was selected (i.e., second half of 200X).

7. If Internal Audit or the CPA previously cited the same exception within the current reporting period, a reference should be made to the date of the audit in which the exception was originally noted and whether Internal audit or the CPA discovered it.  The reasons for the repeated noncompliance should also be noted (i.e., management implemented change but employees subsequently reverted to incorrect procedures, etc.).

8. The exceptions noted (or lack of exceptions) may be in table form as long as the table contains all necessary information in the format indicated above.