If your are trying to figure out whether a company is a private company or an “instrumentality” of a foreign government under the Foreign Corrupt Practices Act you are already in trouble. To reach that point in the FCPA analysis you’ve already paid a bribe, or are thinking of paying a bribe. (If you’re just … Read more »
Tag: Foreign Official
Royalty Is Not Always a Foreign Official
I’m not quite sure how royalty works in various parts of the world. From the latest FCPA Opinion release, the parties to a business deal also did not fully understand. The proposed business relationship has some serious red flags so I’m not surprised the parties requested the opinion. According to the release, submission for a … Read more »
Who Is a Foreign Official After the Government Bailout of Financial Instiutions?
We have all read about the bailout of US financial institutions by the US government. This is not happening in other countries. This complicates the analysis under the Foreign Corrupt Practices Act. As Joel M. Cohen, Michael P. Holland, and Adam P. Wolf of Clifford Chance examined in Under the FCPA, Who Is a Foreign … Read more »
International Standards for the Bribery of Public Officials
The Foreign Corrupt Practices Act is the U.S. standard for bribery of public officials by U.S. concerns or international concerns with a presence in the U.S. The international standard is the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions promulgated by the Organization for Economic Co-Operation and Development. The convention sets … Read more »
Who is a Foreign Official under the FCPA?
The FCPA defines “foreign official” as: [A]ny officer or employee of a foreign government or any department, agency, or instrumentality thereof, or a public international organization, or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality, or for or on behalf of any such … Read more »