Global Anti-Bribery Guidance

Best practice for companies in the UK and overseas

8. Facilitation Payments

Best Practice Guidelines

Understand: Understand and define what small bribes are and know the provisions of laws. Recognise that systemic use of small bribes is to gain business advantage and can amount to substantial sums.
Assess the risks: Through risk assessments identify if small bribes are a significant risk for the company.
Policy: Make clear that the company’s policy of prohibition of bribery includes small bribes.
Strategy: If identified as a significant risk, obtain management and board commitment to a strategy to counter small bribes.
Anti-bribery controls: Design and implement anti-bribery controls to counter the specific risks of small bribes.
Communication and training: Provide tailored guidance and training to directors, employees on how to anticipate and resist demands, seek advice and to report concerns or instances of small bribes.
Protection of employees: Make clear that the company’s priority is the safety of employees and others. Where there are genuine threats to life, limb or liberty, demands for small bribes should be met. Provide a procedure for emergency guidance and support.
Books and records: If small bribes are paid, ensure these are recorded accurately in the accounts and supported by documentation.
Influence the operating environment: Where small bribes are a concern, invest in methods to counter the underlying factors that create the conditions for bribery demands. Thus is best carried out by making representations to the authorities where the problem lies in a specific areas such as a port and by working collaboratively with other companies and civil society.
Incident management: Appropriate actions are taken if small bribes are detected. There is a procedure to deal with any incidents including investigation and review, disciplinary action and consideration of reporting systemic payments to the relevant authorities.
Monitoring: Monitor and audit for the presence of small bribes. Management and board review regularly the issue of small bribes as part of a wider review of the implementation of the anti-bribery programme.