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Committee to Address Facilitation Payments

Committee to Address Facilitation Payments

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Published by Mike Koehler

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Categories:Business/Law
Published by: Mike Koehler on Mar 06, 2012
Copyright:Attribution Non-commercial

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03/06/2012

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COMMITTEE TO ADDRESS FACILITATING PAYMENTS(“C.A.F.P.”)
 
MISSION STATEMENT: Global companies working together to address the potential futuredemand/risk of facilitation type payments in a thoughtful, proactive and appropriate manner.
 
DESCRIPTION:
 
 
Country-by-country, a consortium of companies will form an industry commercial sponsoredcommittee to address the demand/risk of potential facilitation payments in that country; C.A.F.P.
 
 
A “Global Steering Team” of 8 to 10 global companies will be involved in selecting countries/areasof interest, and providing general oversight.
 
 
For each country selected, companies doing business in that country will be encouraged toparticipate (10 to 15 companies, potentially representing various industries) on the C.A.F.P.
 
 
Participation does not infer a company is involved in such payments; simply the company isproviding collective support to reduce likelihood of future requests especially in countrieswhere such payments have historically been common for nationals and companies - theC.A.F.P. focus will be on potential demand or risk.
 
 
Participating companies will be requested to share any approved and necessary legalexpenditures based on an agreed to formula. All recommended charter, joint representationagreements and anti-trust protocol will be put in place.
 
 
Two to three participating companies will be requested to act as a steering team for the country
 
C.A.F.P. (“Country Steering Team”).
 
 
Sharing of proprietary information by any member will be on a purely voluntary basis.
 
 
C.A.F.P. will decide on retention of outside counsel. Will consider whether each C.A.F.P. willretain 1) UKBA Counsel, 2) FCPA Counsel, and/or 3) local country counsel. Outside counsel mayprovide assistance on a pro bono basis. Participant companies may decide to involve their ownoutside or in-house counsel.
 
 
The C.A.F.P. Country Steering Team will develop a detailed action plan to address each areawhere facilitation payments may arise - for example, visa processing, work permits, customsclearance, overtime work, border crossing, etc.
 
 
The action plan will include a detailed plan to address the potential demand for facilitationtype payments in the country. It is anticipated that the plan would include agreed uponmeetings with country government officials.
 
 
The country C.A.F.P. may request the assistance of a global or regional NGO.
 

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