The ethics code relies on professional judgment. The rules can never be expected to cover all situations encountered
by accounting professionals. When the rules are unclear, judgment must be used based on the principles in the code,
5. Consider the practice of making “facilitating payments” to foreign officials and others as part of
doing business abroad in the context of the following statement:
International companies are confronted with a variety of decisions that create ethical
dilemmas for the decision makers. “Right- wrong,” “just-unjust” derive their meaning and
true value from the attitudes of a given culture. Some ethical standards are culture-specific,
and we should not be surprised to find that an act that is considered quite ethical in one
culture may be looked upon with disregard in another.
Explain how culture interacts with the acceptability of making facilitating payments in a country. Use
Rights Theory and Justice reasoning to analyze the ethics of allowing facilitating payments such as under
the FCPA in the U.S. and prohibiting them as under the U.K. Bribery Act.
For legal purposes, a facilitating payment is distinguished from bribery; however, the distinction is often
blurred. Determining whether a payment is a facilitating one may be difficult and depend on the circumstances.
The value of the payment is not immediately relevant; however, the greater the value, the higher are chances
As of 2006, the United Kingdom does not recognize the legality of facilitating payments and does not draw any
distinction from bribes. However, the UK is unlikely to prosecute for minor facilitating payments in the areas where
it is a common practice. Within the U.S. federal legislation, a facilitating payment or “grease payment”, as defined
by FCPA is a payment to a foreign official, political party or party official for “routine governmental action,” such as