The fact that Babacar is not offering the tickets to the customs agent himself does not automatically exclude Nestlé’s responsibility. In particular, the prohibition to pay bribes or to make facilitation payments applies equally to third parties acting on Nestlé’s behalf. In our case, Manuela informed Babacar that the customs agent was 'expecting something extra to do his job'. Babacar responded: "Do whatever it takes!!!!," and with that, he accepted and even encouraged Manuela to make a facilitation payment. Therefore, Babacar and Nestlé became accountable for making the facilitation payment.
A word of caution: Line Managers must ensure that they do not, whether intentionally or not, pressure their employees into wrong behaviour.