Facilitating Payment

In: Business and Management

Submitted By GraceJJJ
Words 430
Pages 2
three cannot be proven, the defence is not available.
the value of the benefit was of a minor nature. Is that assessed relative to the size and wealth of the payer, or the recipient?
the benefit was paid for the sole or dominant purpose of expediting or securing the performance of a routine government action of a minor nature.
as soon as practicable afterwards, the person made a signed record of the payment. Consider carefully if a signed record is an admission of guilt under local or other law.

unlike in bribery, I think ethical issues in facilitation payments outweigh the legal ones.

4. What does the future hold?
The overwhelming international trend is against facilitation payments. At Austrade we [have a zero tolerance approach/we just say no/do everything to avoid them] and we like to think that our customers do the same. The poor ethical behaviour of one business can muddy the waters for all Australians doing business in another country. Together let’s gradually stamp out the corrosion of corruption.

5. Facilitating payments may help to create a culture of corruption inside the company, In almost all countries, facilitating payments are prohibited by law or public service regulations, so the company who make a facilitating payment will possibly be breaking the law.

Also, facilitating payments may cause questionable business practices. This means that the company’s accounts will no longer give a true and fair view of the company’s business. And this may also encourage petty theft by employees, who see the payments made to public officials as an example to be followed.

For example, if you need to get a particular license, and the person signing the paperwork may tell you that it can take anywhere from 2 to 30 days for him to review the papers, depending on what kind of extra compensation he receives. What would you do?
The joint DOJ-SEC…...

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