Navigating the Corruption Risks of Foreign Customs Clearance

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2 Responses

  1. Michael,
    this is a very helpful comment on this issue of customs clearance and facilitation payments.

    The FCPA is one of the last laws, which allows facilitation payments abroad and in the last century it was left to support the US export industry. For example the German International Anti Corruption law from 1998 forbids such facilitation payments. Every payment to a government official is criminalized.
    I learned from one company, that they urged their customs agents to use for every payment a company’s credit card, so every payment was debited directly to the company’s account. There is no longer room for any direct refundable payment from the customs agent to the customs office or any customs officer.

  1. April 17, 2012

    […] The FCPAProfessor notes some case-law developments and dings the Justice Department. Mike Volkov navigates the risks of foreign customs […]