The Disappearing Exception for Facilitating Payments - Agencies Take Narrow View of This FCPA Defense

The Disappearing Exception for Facilitating Payments - Agencies Take Narrow View of This FCPA Defense


New York Law Journal


By: Kevin J. Harnisch, Steven M. Witzel and Joshua D. Roth

The Department of Justice and the Securities and Exchange Commission jointly issued a 120-page "resource guide" to the Foreign Corrupt Practices Act (FCPA) in November 2012 (the Guide). Although the Guide breaks little new ground, it confirms the DOJ's and the SEC's narrow view of several key defenses under the FCPA. This article examines the evolution of the "facilitating payments" (also known as "grease payments") exception, the Guide's treatment of that exception, and the extent to which such payments remain permissible under the FCPA.

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