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Entries in Facilitating Payments (68)


Uber: Grease payments and charitable giving gone wrong?

In Uber's first-ever SEC filing last week, it disclosed a two-year old FCPA investigation in five countries, including Indonesia and Malaysia. What might have gone wrong in those countries? Here are some clues.

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Facilitating Payments: Are countries really serious about banning them?

So there are countries around the world that have “gone beyond” the FCPA and prohibited facilitating payments. Good for them. And the United States “lags behind” because it still does not prohibit such payments. Should U.S. law enforcement be concerned because others have taken an important initiative?

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Sundar Narayanan: Is your next compliance problem at a toll booth in Delhi?

Delhi recently started enforcing new traffic regulations to reduce pollution levels. In October 2015, the city -- properly the National Capital Territory, where 10 million people live -- imposed a Green Tax on vehicles. 

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Joe Murphy: Here's why outlawing grease payments may mean very little

Andy Spalding asked in a post on the FCPA Blog why countries that allow facilitating payments seem to have lower levels of corruption? He didn't find a definitive answer. But I want to offer my own explanation of why countries that permit facilitating payments might have a better record than those that do not.

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Does the prohibition on facilitating payments correlate with higher levels of corruption? A question revisited

In a prior post on the FCPA Blog, we observed a pattern that surprised ourselves and many others: signatories to the OECD Convention that allow facilitating payments have a significantly better average ranking on the Corruption Perceptions Index than those countries that prohibit them. 

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Notes from IACA, Part Three (concl.): A facilitation payments question we could not answer

Put 30 anti-corruption professionals from diverse countries in an academic classroom for three days, and the human mind goes to new places. Here’s a question that arose during my recent stint at the International Anti-Corruption Academy which we asked but could not answer. Can anyone?

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The University of Richmond Annual Corruption Issue, Part IV: Getting to Universal Anti-Bribery Legislation 

The University of Richmond’s Journal of Global Law & Business is proud to announce its annual Corruption Issue.  In this series of posts, each co-authored by a UR law student and Professor Andy Spalding, we’ll introduce this year’s articles and invite submissions for next year’s issue.

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OECD foreign bribery report demolishes compliance myths

The Bribery Act 2010 and Department of Justice guidance require businesses to have anti-bribery controls which reflect the risk they face in conducting business.

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IKEA’s charitable giving in Russia and the FCPA (Part Six)

This is the final post in my series analyzing IKEA’s charitable contributions in Russia in the 1990s and early 2000s. I haven’t presumed IKEA was subject to the FCPA when the events happened or that any FCPA violations might have occurred. Instead, I’ve looked at IKEA’s Russia experience to learn more about charitable giving under the FCPA and how to manage giving programs.

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Don't miss it. New guidance on grease payments

A few countries -- including Australia, New Zealand, South Korea and the U.S. -- allow grease payments that happen overseas. But the small bribes are still risky and potentially damaging. 

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In SEC v. Jackson and Ruehlen, judge denies everyone's motions

Federal district judge Keith B. Ellison denied motions for summary judgments filed by the SEC, and by former Noble executives Mark Jackson and James Ruehlen.

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In search of clarity on the OECD and facilitation payments

Nicola Bonucci and Patrick Moulette recently posted a discussion of the OECD's position on facilitation payments. I admire the work of the OECD greatly, and I personally support its position on these payments.  I'm no critic of either.  But in seeking to garner further support for the OECD's position, their post employs a couple rhetorical devices that might be just a little confusing. In the spirit of seeking clarity and understanding, I write now as one who supports the OECD position but, unlike Bonucci and Moulette, am not charged with defending it.

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