Clifford Chance

FCPA: Facilitating Payments v. Unlawful Bribes

27 March 2012

The facilitating payments exception of the Foreign Corrupt Practices Act (“FCPA”) permits payment to foreign officials “[t]o expedite or to secure the performance of a routine governmental action .....” 15 U.S.C. §§ 78dd-1(b) and (f)(3) [Section 30A of the Securities & Exchange Act of 1934]. The statute provides examples of a “routine governmental action,” defined as “an action which is ordinarily and commonly performed by a foreign official”.

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