Payment of “Anything of Value” means to offer, attempt, give, pay, promise to pay or give anything of value.
Examples:
- Cash, Gift Card
- “Tips” (e.g., to customs officials or administrators to expedite their work)
- Entertainment, Meals
- Payment of utility or phone bills
- Payment of rent (e.g., car or truck, house, vacation home)
- Gifts outside the ordinary course of business, or that exceed a nominal value (e.g., Mont Blanc pens, iPhones, etc.)
- Travel
- Payments or gifts to friends, families or other relatives of an individual (including offers of employment)
- Business information
- Charitable donations
Practice Notes:
- MIQ prohibits bribery in all of its forms. Under no circumstance shall an employee or joint venture partner offer, pay or give (or receive) any form of kick-back, bribe, undisclosed commission or offer excessive entertainment to, for or from a government official, employee of any government-owned or controlled enterprise, or any other party to perform his or her duties to the advantage of the Company or to otherwise obtain or retain business or a business advantage.
- Enforcement actions have tended to focus on (1) large, extravagant gifts, travel, or corrupt payments, or (2) small payments or gifts over time that represent a “systematic or long-standing course of conduct” (for example, small unlawful expediting payments made regularly over the course of a year may likely be deemed a violation of local law and the FCPA).
- There is no minimum threshold amount for corrupt payments or gifts. Please be aware that an amount that might be considered modest and presumably non-corrupt in the some countries might be “a larger and much more significant amount” and possibly a corrupt payment in another country. If in doubt, please contact the MIQ Legal Department.
- If meals or entertainment are to be provided, they must be “reasonable”. If gifts are given, it is a best practice to give company promotional (logo) items.