[6][7] The following arguments have been made: Many companies therefore restrict or severely limit making facilitating payments in their policies, however this practice is not yet widespread.
[citation needed] The Ministry of Justice guidance confirms that prosecutors will exercise discretion in determining whether to prosecute.
[citation needed] In addition, informal guidance received from the Serious Fraud Office indicate that where it is considering action, it will be guided by the following six principles:[citation needed] Within the United States federal legislation, a facilitating payment or grease payment, as defined by the Foreign Corrupt Practices Act (FCPA) of 1977 and clarified in its 1988 amendments, is a payment to a foreign official, political party or party official for "routine governmental action", such as processing papers, issuing permits, and other actions of an official, in order to expedite performance of duties of non-discretionary nature, i.e., which they are already bound to perform.
[clarification needed] Prior to the 1988 amendments, the exclusion of "grease payments" was via the definition of the "foreign official", which did not include persons without discretionary (decision-making) duties, e.g., ones with clerical functions.
At the same time, the scope of the "routine governmental actions" in question was made sufficiently narrow and supplied with detailed examples.