tag:blogger.com,1999:blog-3249858307559481775.post1736303401380570297..comments2024-01-03T04:30:53.036-05:00Comments on FCPA Professor: Thinking About The FCPA's Facilitating Payment Exception?Mike Koehlerhttp://www.blogger.com/profile/15749973007274251992noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-3249858307559481775.post-57563162573012057972010-10-02T15:58:09.899-04:002010-10-02T15:58:09.899-04:00Sadly the UK position is in reality extremely uncl...Sadly the UK position is in reality extremely unclear. While the position under English law is clear. Facilitation payments will be and always have been illegal. <br /><br />Mixed messages being sent about the likely enforcement. The Director of the SFO has said that all businesses must have a policy of prohibition. <br /><br />On the other hand businesses worry that while the law may be black and white real life is more shades of grey. <br /><br />The SFO appear to acknowledge this elsewhere noting that they shall be targeting the real criminals and not those guilty of "technical violations".<br /><br />Other comments have been made along the lines that they understand that a move to total prohibition is unlikely to take place overnight and that they understand this and want to see companies doing their best when the new law comes into force. <br /><br />So, while the US position is unclear, the application and enforcement of the UK new law is equally unclear. <br /><br />We are pushing for more helpful clarification. But the reality is that, in the UK at least, there will be a bedding down period where both regulators and companies are to some extent feeling their way.<br /><br />We are following developments and to the extent that we hear useful information which would help organisations in their approach posting it to our site, www.thebriberyact.comBarry Vitouhttp://www.thebriberyact.comnoreply@blogger.com