Some anti-bribery regimes contain an exception for small payments to expedite routine governmental action. Others do not, and relying on the exception is dangerous.

The narrow exception covers payments to secure the performance of a routine governmental action that is ordinarily and commonly performed — processing permits, providing utilities, scheduling inspections, loading cargo. It does not cover any decision to award new business or to continue business, or any decision by an official on whether or on what terms to act.

Other regimes have no exception, including several with broad extraterritorial reach, so a multinational cannot operate to the most permissive standard.

Local law. These payments are almost always illegal under the local law of the country where they are made, which is itself an offense in some regimes.

Books and records. Even a lawful facilitation payment must be recorded accurately. Most enforcement in this area concerns mischaracterization rather than the payment.

Practical policy. Most multinationals prohibit them outright, with a narrow exception for payments under duress where safety is at risk, requiring immediate reporting and accurate recording.

Extortion. Payments to protect against imminent physical harm are treated differently and should be documented and reported at once.