Facilitation payments under the Bribery Act 2010
Produced in partnership with Richard Furlong of Mountford Chambers and Joseph Sinclair
Practice notesFacilitation payments under the Bribery Act 2010
Produced in partnership with Richard Furlong of Mountford Chambers and Joseph Sinclair
Practice notesFacilitating the performance of a duty by public officials
Facilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid to public officials or others as a means of ensuring that they perform their duty, whether more promptly or at all. It can also include the giving of ‘gifts’, such as cigarettes or alcohol. In some jurisdictions such payments are customary and legal (eg they are permitted in certain circumstances by the US Foreign Corrupt Practices Act 1977 (FCPA 1977), see Practice Note: The US Foreign Corrupt Practices Act 1977 (FCPA 1977) and Bribery Act 2010 (BA 2010) comparison table).
Are facilitation payments illegal under BA 2010?
Facilitation payments constitute the offering, promising or giving of a financial advantage and amount to bribery, as they are not exempted under Bribery Act 2010 (BA 2010).
Active bribery offences
Active bribery is explicitly prohibited by the BA 2010. A facilitation payment made directly or indirectly to a public official, an employee of any organisation or business,
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