ICAEW BL · Chapter 13 · Question 6 of 10
To speed up customs clearance of a delayed shipment, an employee of Saltmarsh Ltd hands a foreign customs officer a small cash payment that the officer has requested. There is no legal entitlement to the payment. What is the position under the Bribery Act 2010?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: B) It is an offence, because the Act makes no exception for facilitation payments
Explanation
The Bribery Act 2010 contains no exemption for facilitation ('grease') payments. Paying a foreign public official to influence them in their official capacity and obtain or retain business or an advantage is an offence under s6. The payment may also give rise to corporate liability under s7. Accurate record-keeping does not make it lawful, and there is no minimum amount.
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