A Facilitation Payment Policy is essential for organizations operating in environments where they may face requests for facilitation payments. This document type is particularly crucial for compliance with U.S. anti-corruption laws, specifically the FCPA. The policy should be implemented when organizations need to establish clear guidelines for handling facilitation payment requests, ensuring proper documentation, and maintaining compliance with legal requirements. It typically includes definitions, procedures, reporting mechanisms, and risk assessment frameworks.
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Facilitation Payment Policy
"Need a Facilitation Payment Policy for our manufacturing company that operates in Southeast Asia, with specific focus on handling customs-related payments and government permits in high-risk territories; must comply with both FCPA and local regulations in Thailand and Vietnam."
1. Purpose and Scope: Defines the policy's objectives and who it applies to within the organization
2. Definitions: Clear definitions of facilitation payments, bribes, public officials, and other key terms used throughout the policy
3. Policy Statement: Company's official position on facilitation payments and prohibited activities
4. Legal Framework: Overview of relevant laws including FCPA, Travel Act, and other applicable legislation
5. Compliance Procedures: Detailed steps to follow when faced with facilitation payment requests
6. Reporting Requirements: Procedures for reporting and documenting facilitation payments or attempts
7. Internal Controls: Description of internal accounting controls and record-keeping requirements
8. Enforcement and Disciplinary Actions: Consequences of policy violations and enforcement procedures
1. Purpose and Scope: Defines the policy's objectives and who it applies to within the organization
2. Definitions: Clear definitions of facilitation payments, bribes, public officials, and other key terms used throughout the policy
3. Policy Statement: Company's official position on facilitation payments and prohibited activities
4. Legal Framework: Overview of relevant laws including FCPA, Travel Act, and other applicable legislation
5. Compliance Procedures: Detailed steps to follow when faced with facilitation payment requests
6. Reporting Requirements: Procedures for reporting and documenting facilitation payments or attempts
7. Internal Controls: Description of internal accounting controls and record-keeping requirements
8. Enforcement and Disciplinary Actions: Consequences of policy violations and enforcement procedures
1. Schedule A - Reporting Forms: Standard forms and templates for reporting facilitation payment requests or incidents
2. Schedule B - Risk Assessment Matrix: Tool for evaluating facilitation payment risks in different jurisdictions and scenarios
3. Schedule C - Training Materials: Reference materials and guidelines for employee training on facilitation payments
4. Schedule D - Country-Specific Guidelines: Detailed requirements and procedures for high-risk countries where the company operates
5. Schedule E - Approval Matrix: Authorization levels and approval requirements for different types of payments and situations
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