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The permissibility of facilitation payments
Umeda, Toru
Umeda, Toru
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n2008_C_Umeda_toru.pdf
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Abstract
Despite increasing efforts to address the issue of foreign bribery by Parties to the OECD Anti-Bribery Convention, companies headquartered in those countries complain that the practice of public officials soliciting or extorting small amounts of money still is pervasive in some developing countries. Such small payments for facilitating services are called ‘facilitation payments’. This paper intends to examine discussions on FPs in reference to how Parties to the Convention and business and civil organizations try to address the issue, and to introduce a new formula for companies to adopt in addressing the issue; namely, R-BEC006, proposed by a group of scholars and practitioners in Japan, and to deliberate on the merits and demerits of the proposed. The basic stance of the paper is to keep facilitation payments defenses in place, emphasizing that focus should be more on the demand side of such payments if it needs to be eradicated.
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2008
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With permission of the license/copyright holder