The Foreign Extortion Prevention Act (FEPA) will amend the domestic bribery statute (18 U.S.C. By enacting FEPA, the United States joins countries like the United Kingdom, Switzerland, and France in making such revisions to its laws. FEPA will allow the United States to prosecute foreign officials for demanding or accepting bribes. Notably, FEPA’s definition of “foreign official” goes beyond the FCPA’s by referring to individuals who act in unofficial capacities as well as official capacities.2 Further, the “senior political figure” category incorporates language from the federal anti-money laundering regulations. The availability of a new statute to prosecute foreign officials arguably gives foreign officials offered bribes an incentive to report wrongdoing by U.S. companies and their employees to avoid prosecution themselves.

Source: Wall Street Journal January 05, 2024 16:51 UTC