s.24Facilitation payments
24
Section 24Part 3 — Offences

Facilitation payments

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For the purpose of section 22, a payment is not a loan, reward, advantage or other benefit to obtain or retain an advantage in the course of business, if —
the value of the payment is small;
it is made to expedite or secure the performance by a foreign public officer of any act of a routine nature that is part of the foreign public officer's duties or functions, including —
the issuance of a permit, licence or other document to qualify a person to do business;
the processing of official documents, such as visas and work permits;
the provision of services normally offered to the public, such as mail pick-up and delivery, telecommunication services and power and water supply; and
the provision of services normally provided as required, such as police protection, loading and unloading of cargo, the protection of perishable products or commodities from deterioration or the scheduling of inspections related to contract performance or transit of goods; and
as soon as practicable after the payment and the act of a routine nature performed by the foreign public officer occurred, the person made a record of the payment and the act and either the following applies —
the person has retained that record at all relevant times; or
that record has been lost or destroyed because of the actions of another person over whom the first-mentioned person had no control, or because of a non-human act or event over which the first-mentioned person had no control, and the first-mentioned person could not reasonably be expected to have guarded against the bringing about of that loss or that destruction.
For the purposes of this Act, an "act of a routine nature" does not include a decision to award new business or to continue business with a particular party, including a decision on the terms of that business, or encouraging another person to make any such decision.
A report under this section shall set out —
the value of the payment concerned;
particulars of the act of a routine nature that was sought to be expedited or secured by the payment;
the date or dates on which the payment was made and on which the act of a routine nature occurred;
the identity of the relevant foreign public official; and
the signature of the person who has made the report or some other means of verifying the person's identity.

Defined Terms

act of a routine nature

Cross References

Referenced By