Under the Foreign Corrupt Practices Act (FCPA), what exactly is does a “routine governmental action” mean in relation to the “facilitating” or “grease payment” exception?
The FCPA defines a “routine governmental action” as one that a foreign official ordinarily performs in (1) obtaining permits, licenses, or other official documents to enable you to do business in that country; (2) processing governmental papers such as visas and work orders; (3) providing police protection, mail services, or conducting inspections associated with contract performance; (4) providing phone and utility services, loading and unloading cargo, or protecting perishable from deterioration; or (5) anything of a similar nature. Remember that a “routine governmental action” does not include a foreign official’s decision to award new business or to continue business with a particular party.
