Facilitation or “grease” payments (small payments to facilitate routine government action) have historically been illegal under prior legislation and common law in the U.K., although there has been only limited enforcement. The U.K. Bribery Act, which is now in force, specifically prohibits the issue of facilitation payments, a stance not taken by the US Foreign Corrupt Practices Act. Companies that have used the label “facilitation payment” to describe small, routine payments that encourage non-discretionary actions, will face new risks of prosecution.
