In his 61-page ruling this week allowing the SEC’s suit against two former Noble executives to go forward, federal district judge Keith P. Ellison provided some excellent ‘guidance’ about the FCPA.… Continue Reading
Posts Tagged: Facilitating Payments
It was an odd event a few weeks ago when the U.K.’s Serious Fraud Office removed some Bribery Act guidance from its website without explanation.
The deleted guidance dealt with self reporting, corporate hospitality, and facilitating payments.… Continue Reading
The question was: Does your organization allow facilitating payments?
Nearly sixty-five percent said never.
Almost a quarter said sometimes, and less than one percent said always. Five percent didn’t know.
One respondent said he or she is ‘still trying to get management to make a decision’ about facilitiating payments.… Continue Reading
People in Zimbabwe who can’t afford small bribes often lose out on birth certificates and passports.
An investigative report by the Standard said, “The forms of corruption reported [in the Registrar General’s Office] ranged from individuals selling queue positions, selling access to a registration officer, and selling even the right to be acknowledged and served within the RG’s Office.”… Continue Reading
Compliance insider Pete from DC first appeared on this blog nearly five years ago.
We’re happy to report that he still drops by.
In response to yesterday’s Small (Bribe) Talk From The Editors, Pete sent this comment:
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Fascinating discussion, and I think Marc Alain Bohn’s point about transparent recording deserves a bit more attention, as it puts public companies (i.e.,… Continue Reading
Previous posts have explored varying attitudes to the “facilitation payments” defense across the globe. Even those countries that have signed the OECD and U.N. conventions differ in their approaches.
Australia has adopted a facilitation payment defense, but this looks set to change.… Continue Reading
In two prior posts we observed an awkward equivocation on the question of facilitation payments, both within the OECD generally and among the convention signatories. For a discussion of the OECD Convention’s strangely evasive verbiage, see here; for variations among individual signatories, see here.… Continue Reading
We noted in the prior post that the OECD Convention is just a bit bashful on the question of facilitation payments. The text makes no mention of them, but the “Commentaries” provide that while some countries will prohibit them, in other countries criminalization “does not seem  practical or effective.” … Continue Reading
I’ve got a five-year-old daughter on a big synonym/antonym/homonym kick. If you don’t like talking about these things, you won’t like talking to her. But I love it, so let me give you a little quiz: in the FCPA context, are ‘ease’ and ‘facility’ antonyms or synonyms?… Continue Reading
A new FCPA study from Kroll (a sponsor of the FCPA Blog) found that the majority of corporate compliance officers at U.S. multinationals believe they’re exposed to bribery risk and fall short on best practices when it comes to third party screening, facilitating payments, and political donations.… Continue Reading