More than thirty years after the inception of the United States Foreign Corrupt Practices Act of 1977 (FCPA), twelve years after the signing of the Organization of Economic Cooperation and Development’s (OECD) Convention on Combating Bribery of 1997, and half a decade since the adoption of the United Nations Convention Against Corruption of 2004, one of the still grey areas in the anti-corruption debate is the topic of whether “facilitation payments” should be made.

Simply put, a facilitation payment is what is more colloquially referred to as a “grease” payment.

Some jurisdictions allow them, others forbid them and yet others don’t allow them but provide exceptions because of their intrinsically extortionate nature.

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