We understand that the Foreign Corrupt Practices Act (FCPA)
permits facilitating payments to be made to foreign officials for
routine governmental actions to expedite the performance of their
duties. Such payments are generally considered as not being
intended to influence the outcome of the official's action or
decision, but rather to expedite an action or decision that is
already a given. A facilitating payment, therefore, is an exception
to the anti-bribery prohibitions in the FCPA.
In contrast, facilitating payments are not recognised under
Indonesian law. Generally, there is no provision under the
Anti-Corruption Law (Law No. 31 of 1999 regarding Eradication of
Criminal Acts of Corruption, as amended by Law No. 20 of 2011) or
in Indonesian law that permits facilitating payments or exempts
such payments from the general prohibitions of the Anti-Corruption
Law. In fact, unauthorised payment to any government official,
regardless of the purpose, is very suspect and
