The Ohio State University

Moritz College of Law

• Help
• Buckeye Link
• Map
• Find People
• Webmail
• Search Ohio State

Go

Upcoming Events

Friday, November 15, 2013
9:00 AM - 6:00 PM
Saxbe Auditorium

OSLJ Symposium 2013

Don’t You Forget About Me: The Continuing Viability of the FCPA’s Facilitating Payments Exception

By Michael S. Diamant and Jesenka Mrdjenovic

At the heart of the Foreign Corrupt Practices Act (FCPA) lie the statute’s anti-bribery provisions, which prohibit providing or offering “anything of value” to a “foreign official,” a “foreign political party,” or an official of a foreign political party with the corrupt intent to influence the recipient in order to obtain, retain, or direct business.¹ However, as the FCPA’s legislative history makes clear, Congress did not intend to prohibit all payments to foreign officials.² Instead, from its inception, the FCPA’s coverage has not “extend[ed] to so-called grease or facilitating payments.”³. . . . Read More