Or What Are Facilitating or Expediting Whether a payment falls within the exception is not Payments? dependent on the size of the payment, though size can be The FCPA’ bribery prohibition contains a narrow telling, as a large payment is more suggestive of corrupt exception for “facilitating or expediting payments” made in intent to influence a non-routine governmental action. But, furtherance of routine governmental action.’ The facili- like the FCPAS anti-bribery provisions more generally, the tating payments exception applies only when a payment is facilitating payments exception focuses on the purpose of the made to further “routine governmental action” that involves payment rather than its value. For instance, an ONahoma- non-discretionary acts.!® Examples of “routine governmen- based corporation violated the FCPA when its subsidiary tal action” include processing visas, providing police pro- paid Argentine customs officials approximately $166,000 tection or mail service, and supplying utilities like phone to secure customs clearance for equipment and materials service, power, and water. Routine government action does that lacked required certifications or could not be imported not include a decision to award new business or to continue under local law and to pay a lower-than-applicable duty business with a particular party.'*! Nor does it include acts rate. The company's Venezuelan subsidiary had also paid that are within an official’s discretion or that would consti- Venezuelan customs officials approximately $7,000 to permit tute misuse of an official’ office.'® Thus, paying an official a the importation and exportation of equipment and materials small amount to have the power turned on ata factory might not in compliance with local regulations and to avoid a full be a facilitating payment; paying an inspector to ignore the inspection of the imported goods.'* In another case, three fact that the company does not have a valid permit to operate subsidiaries of