Subject to Inquiry

Subject to Inquiry


Government Investigations and White Collar Litigation Group

Tag Archives: “facilitation payments”

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends


The OECD have published a detailed Report on the evaluations and recommendations of a Working Group on the UK's implementation and enforcement of the OECD Anti-Bribery Convention. The Report provides a valuable critique of the Bribery Act 2010 and on the UK's recent record on enforcement of existing corruption laws.… Continue Reading
Anti-Bribery and Corruption

Facilitation payments: Australia consults on proposed ban

Section 70.4 of the Criminal Code sets out a defence for facilitation payments, which is inconsistent with the international trend towards the prohibition of such payments and as highlighted in the consultation paper, puts Australian companies at greater risk of being found liable for acting outside the law e.g. where the operations of Australian companies also fall within the scope of the UK Bribery Act.… Continue Reading
Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends

Facilitation payments: SFO creates its own guidelines

For those organisations that are doing their best to avoid making facilitation payments, but are finding it difficult to stop making them altogether, this insight into the SFO's thinking will offer some limited breathing room. However, the clear message from these six points is that the SFO will be expecting to see a positive approach by organisations towards the goal of eradicating such payments from their operations.… Continue Reading
Anti-Bribery and Corruption, Compliance

Payments made under duress: bribery or extortion?

Picture an all too common scenario: An importer of fresh produce learns that a shipment has been held up at customs abroad. Although there is no legitimate reason for delay, the foreign port authorities insist upon carrying out unspecified administrative checks and searches that "could take weeks". In the meantime, the cargo sits on the dockside baking in the hot sun. It is likely to perish in days. If the shipment is not made on time, a valuable client will be lost. A representative of the port authorities explains that for "small fee", the formalities can be waived and the cargo approved. Does paying this fee constitute a bribe?… Continue Reading
Anti-Bribery and Corruption

Facilitation payments – to pay or not to pay: a difficult question?

Small, one off payments are, on their own, unlikely to attract the attention of the SFO. While there is no de minimis limit in the Bribery Act and therefore no guarantees with respect to low value payments, the fact remains that small infractions will not justify the time and cost involved in prosecuting. However, for those organisations that routinely make facilitation payments (even though each payment might itself only be small), there is a risk that continuing to make such payments will result in prosecution under the Bribery Act.… Continue Reading

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