News & Analysis as of

Facilitation Payments

Facilitation payments no longer permissible under Canadian anti-corruption law

by DLA Piper on

Canada's repeal of the "facilitation payments" exception in its foreign anti-corruption law widens the rift between the United States, which permits such payments, and the majority of other countries, which prohibit them....more

Facilitation payments are no longer permissible under Canadian anti-corruption law

by Dentons on

As of October 31, 2017, “Facilitation Payments” are no longer a permissible category of payment under the Corruption of Foreign Public Officials Act, SC 1998, c 34 (the “CFOPA”). The removal of the exemption from the CFOPA...more

Facilitation Payments Declared Illegal Under Canadian International Corruption Law

by Bennett Jones LLP on

The government of Canada announced on October 30 that the exception allowing for facilitation payments under the Corruption of Foreign Public Officials Act (CFPOA) will be eliminated effective October 31, 2017....more

No More Grease Payments – Canada Repeals Exception for Facilitation Payments

As part of Canada’s 2013 significant overhaul to its foreign corrupt practices regime, the Corruption of Foreign Public Officials Act (CFPOA), Canada indicated an intention to repeal the exception for facilitation payments....more

We Can Ignore This French Sapin II Law, Right?

by Bryan Cave on

Wrong. The law Sapin II (Law 2016-1691 of 27 December 2016) has been in force for several months, but the consultation draft of the guidelines is not expected to be issued by the Agence Française Anti-corruption (AFA) (French...more

Doing Business in Cuba Under the FCPA

by Thomas Fox on

I want to consider the impending opening of Cuba to US business, what you can do now and what you must wait for until the embargo is lifted; all from the perspective of compliance with the Foreign Corrupt Practices Act...more

SEC Adopts New Rules Requiring Disclosure of Resource Extraction Payments

On June 27, 2016, the Securities and Exchange Commission (SEC) adopted new rules requiring certain producers of oil, natural gas and minerals to publicly disclose information regarding payments to the U.S. federal government,...more

FCPA Compliance and Ethics Report-Episode 257-John Boscariol on facilitation payments

by Thomas Fox on

In this episode I have a great review on the pros and cons of facilitation payments with John Boscariol....more

Doing Business in Cuba Under the FCPA, Part V

by Thomas Fox on

Today, I conclude my weeklong exploration of doing business in Cuba from the perspective of the Foreign Corrupt Practices Act (FCPA) with some final observations. One of the key themes throughout this week’s blog posts has...more

Foreign Bribery: The Inquiry Briefing Paper on the Senate into Australia's Foreign Bribery Scheme

by DLA Piper on

The Commonwealth Senate Standing Committee on Economics is conducting an inquiry into the scope and effectiveness of existing Australian measures to address foreign bribery. It is due to deliver its report in July 2016....more

Disclosure Rules Regarding Payments by Resource Extraction Issuers Have Been “Unlawfully Withheld” by the SEC – Court Orders...

by Dorsey & Whitney LLP on

Yesterday, a federal judge ordered the SEC to file with the court an expedited schedule for promulgating final rules requiring disclosure of government payments by resource extraction issuers. The SEC has 30 days to file the...more

FCPA Compliance and Ethics Report-Episode 170-Yas Froemel and Facilitation Payments

by Thomas Fox on

In this episode I visit with Yas Froemel, a PhD student in Germany who has developed and academic interest in facilitation payments. We discuss her work, the Anti-Corruption Forum which she founded and her upcoming conference...more

"Facilitation": A New Tool for Extraterritorial Sanctions Enforcement?

by Shearman & Sterling LLP on

Recent OFAC and DOJ actions have focused on certain entities – overseas financial institutions – and particular conduct – US dollar clearing and associated “stripping.” The DOJ’s recent $232 million settlement and negotiated...more

Sanctions Enforcement – Facilitation Violations

by Michael Volkov on

As sanctions enforcement continues to mature, the permutations of risks become more complex. One area where companies have significant exposure is when they can be accused of “facilitation.” ...more

The End of an Era and the End of Facilitation Payments?

by Thomas Fox on

Two famous New Yorkers died this week. Both spoke to not only to the glamour of the Big Apple, but the city’s once undisputed crown as the cultural mecca of the US. They were Allie Sherman and Bess Myerson....more

The Global Anti-Corruption Perspective - Q3 2014

by DLA Piper on

TOP 10 TIPS FOR COUNTERING SMALL BRIBES - The issue of so-called facilitation payment’ and other small bribes is a thorn in the side of many international businesses. Not only is it difficult to do business in many...more

The Origins of the FCPA: Lessons For Effective Compliance and Enforcement - Part Four

by Dorsey & Whitney LLP on

This is the fourth part of an occasional series. The first is available here, the second here and the third here. The entire paper will be published by Securities Regulation Law Journal early next year. The volunteer...more

Top 10 tips for countering small bribes

by DLA Piper on

The issue of so-called facilitation payments and other small bribes is a thorn in the side of many international businesses. Not only is it difficult to do business in many parts of the world without making such payments, but...more

Does Your Company Still Allow Facilitation Payments?

by Thomas Fox on

One of the more confusing areas of the US Foreign Corrupt Practices Act (FCPA) is in that of facilitation payments. Facilitation payments are small bribes but make no mistake about it, they are bribes....more

Ignoring The Obvious: Facilitation Payments

by Michael Volkov on

Chief Compliance Officers have plenty of issues to focus on when it comes to anti-corruption compliance. If you rank the risks, facilitation payments are not at the top of the list, especially if you have sales staff and...more

An Open Letter From SFO Director David Green On Facilitation Payments That You Don’t Know About

by Thomas Fox on

From our deck chairs we thought we’d share this with you. An open letter from David Green, Director of the SFO, in connection with facilitation payments. Originally Published on thebriberyact.com - August 22, 2013....more

Tougher Canadian Foreign Corruption Law Raises the Stakes for Officers and Directors

by Bennett Jones LLP on

Canada has significantly strengthened its Corruption of Foreign Public Officials Act (CFPOA) including by adding a new offence that will expand the grounds for criminal liability for corporations and their directors, officers...more

UK Bribery Act: Red Light, Green Light or Mixed-Signals?

The UK Government has announced a review of the Bribery Act 2010 and its intent to reduce the cost of compliance for small and medium-sized businesses. The main focus will apparently be on facilitation payments. These are...more

SFO & The Bribery Act: Sector Sweeps, Facilitation Payments & London Listed Companies

by Thomas Fox on

News reaches us of a private small round table session put together by Transparency International and attended by some from the US FCPA white collar community (we understand Mark Mendelsohn attended) and our very own David...more

Facilitation Payments: An Intractable Problem?

by Michael Volkov on

It sounds easy on paper. A company announces that it has banned all facilitation payments. It is a worthy goal. It sounds admirable. The FCPA permits facilitation payments. The UK Bribery Act prohibits facilitation...more

27 Results
|
View per page
Page: of 2
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.