Mountford Chambers

This Practice Note covers facilitation payments under the Bribery Act 2010 (BA 2010). It explains the meaning of a facilitation payment, sometimes known as a grease payment. It explains why facilitation payments are caught by the anti-bribery law in the UK and deals with active bribery offences and foreign public official offences under BA 2010. It also explains the prosecution principles on facilitation payments and the SFO policy on facilitation payments.

This Practice Note explains what is meant by a commission or commission payment and how a commission might become a bribe and therefore an offence contrary to the Bribery Act 2010. Specifically it covers payments in relation to the art market, construction, insurance, pharmaceuticals, shipping and legal services. It includes identifying where a commission is a bribe and provides examples through case law.

This Practice Note deals with offset arrangements (sometimes known as offset agreements) which arise where an additional investment, payment or other industrial, commercial or economic benefit is offered or required as part of an organisation’s tender, normally as a condition of a public procurement contract. It includes the different types of offset arrangements including direct offset and indirect offset. It discusses the future of offset arrangements in the UK and why they are widely criticised. It also covers the position under the Bribery Act 2010.