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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