Search

Editors

Richard L. Cassin Publisher and Editor

Andy Spalding Senior Editor

Jessica Tillipman Senior Editor

Elizabeth K. Spahn Editor Emeritus

Cody Worthington Contributing Editor

Julie DiMauro Contributing Editor

Thomas Fox Contributing Editor

Marc Alain Bohn Contributing Editor

Bill Waite Contributing Editor

Shruti J. Shah Contributing Editor

Russell A. Stamets Contributing Editor

Richard Bistrong Contributing Editor 

Eric Carlson Contributing Editor

Bill Steinman Contributing Editor

Aarti Maharaj Contributing Editor


FCPA Blog Daily News

Entries in Facilitating Payments (66)

Monday
Jul092012

Facilitating Payments (De)Mystified, Redux

Imagine a spectrum that looks like this: the FCPA permits facilitating payments, the OECD Convention discourages them, and the UK Act prohibits them.

Click to read more ...

Thursday
Jun282012

Facilitating Payments (De)mystified (Conclusion)

Which OECD Convention signatories allow facilitating payments? We take a look.

Click to read more ...

Wednesday
Jun132012

Facilitating Payments (De)mystified (Part II)

We find out how many members of the OECD Convention have adopted an exception for facilitating payments?

Click to read more ...

Monday
Jun112012

Facilitating Payments (De)mystified (Part I)

Even among the editors of the FCPA Blog, you’ll find widely diverging views on the merits of the FCPA’s facilitating payments exception.

Click to read more ...

Wednesday
Jun062012

Compliance Officers Troubled By Third-Party Risk

A majority of corporate compliance officers at U.S. multinationals believe they're exposed to bribery risk and fall short on best practices, according to a study by Kroll.

Click to read more ...

Tuesday
Jun052012

Small Bribes Cause Big Flap

Because there's no de minimus standard in the FCPA, critics say the law is impractical and out of step with the way the world really works. But there's another way to look at small bribes.

Click to read more ...

Wednesday
May092012

Facilitation: A Jury Question

Payments to government employees in exchange for the performance of a non-discretionary function such as issuance of a license or a permit occur far more often than bribes to government officials in exchange for assistance in winning a government contract.

Click to read more ...

Wednesday
May092012

Noble Execs Fight SEC Charges

As reported today by Mike Koehler, two executives from oil services firm Noble Corporation filed motions to dismiss complaints brought against them in February by the Securities and Exchange Commission that alleged they bribed officials in Nigeria in exchange for illegal import permits for drilling rigs.

Click to read more ...

Thursday
Apr262012

Repeal the Facilitation Payment Loophole

The Walmart de Mexico case highlights the dangers of the facilitation payment loophole in the FCPA. Hiding bribes inside this U.S. loophole is no longer a legally sound strategy in the global enforcement environment.

Click to read more ...

Wednesday
Apr252012

Facilitating Payments: For Whom the Bell Tolls

The U.K. Bribery Act of 2010 has no facilitating payments exception. The OECD Convention has no such exception. And after Wal-Mart de Mexico, I wonder if the FCPA won't either.

Click to read more ...

Tuesday
Apr242012

Wal-Mart's Potential Liability: Greater Or Less Than We Think?

Long before the agencies have closed this enforcement action, the market doled out its own unique kind of punishment yesterday. Wal-Mart's stock value declined by almost 5%, reducing the company's market capitalization by no less than $10 billion. We, the public, are sensing potentially vast liability here.

Click to read more ...

Monday
Jun132011

Clinton Blasts Facilitating Payments

All bribes -- even grease payments to customs officials -- drag down economic growth, Secretary of State Hillary Clinton told her audience at last week's African Growth and Opportunity Forum in Zambia.

Click to read more ...