Divergent Views On Facilitation Payments

FCPA Blog notes that Glencore, a large Swiss mining and commodities company, paid $700 million to settle widespread Foreign Corrupt Practices Act offenses last year, and compares anti-corruption and bribery policy to those of other large companies, some domestic. Glencore, for example, states flatly that it makes “no facilitation payments” and calls them a form of bribery. “If we are asked to make a facilitation payment, we must not pay and we must inform Compliance immediately.” The Blog calls this similar to Ferrari, Kraft Heinz, Burberry, Disney, Unilever, Carlsberg, Apple, Novartis, Microsoft, Volkswagen, Airbus, GM, 3M, and Pfizer. An earlier blog noted Disney’s policy, which prohibits facilitation payments “except in case of duress,” and calls that formulation similar to some of the same companies. Walmart doesn’t mention facilitating payments in its policy.