Comment by temp667 | Hacker News Reader

Comment by temp667 | Hacker News Reader

Parent Full thread

You are spreading misinformation here.

In many countries everyone has to pay a facilitation fee (aka bribe) for routine govt actions.

These are for things like:

obtaining permits, licenses, or other official documents to qualify a person to do business in a foreign country; processing governmental papers, such as visas and work orders; providing police protection, mail pickup and delivery, or scheduling inspections associated with contract performance or inspections related to transit of goods across country; providing phone service, power and water supply, loading and unloading cargo, or protecting perishable products or commodities from deterioration; etc

How in the WORLD to folks giving legal advice here not have even this basic understanding of the law?

I acknowledged that here: https://news.ycombinator.com/item?id=25193691. I never claimed I was giving legal advice.

But also, it seems like it's a bit of a grey area:

"As a general principle of the Foreign Corrupt Practises Act (FCPA), in the United States, firms and businesses in the US are prohibited from making any payments to foreign officials for routine governmental action. However, any payment that does not effect the decision of the foreign official is not considered a bribe. For example, a businessman in the States may make a payment to a government official to expedite a deal or transaction. Such a payment is considered a grease payment (and not a bribe), which is lawful under FCPA.

In this regard, it becomes necessary to understand when an amount paid turns from a grease payment to a bribe, which is illegal under law. This is a grey area under the law which is still to be clarified. There are numerous factors that could play a role in demarcation between the two, which include: the amount of payment, the frequency of the payment, the status/level of the foreign official to whom the payment has been made, the outcome of the case regarding which the payment was made, etc."[1]

The training at my company is pretty strict about never making any "grease payments", so certainly there's some doubt.

1. https://en.wikipedia.org/wiki/Foreign_Corrupt_Practices_Act#...

Reply on news.ycombinator.com