Daniel Koffmann, left, and Jonathan Acevedo of Quinn Emanuel Urquhart & Sullivan. Courtesy Photos Officially Unofficial: Who Qualifies as a 'Foreign Official' Under the Foreign Extortion Prevention Act?
Among the differences between the Foreign Corrupt Practices Act (FCPA) and is the Foreign Extortion Protection Act (FEPA) is the definition of a "foreign official." The FCPA definition is "any officer or employee of a foreign government or any department, agency, or instrumentality…or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality." The FEPA adds "any person acting in an unofficial capacity." What defines "unofficial capacity" is the focus of this article.
July 09, 2024 at 11:45 AM
14 minute read
Most people are familiar with the Foreign Corrupt Practices Act, which makes it a crime for U.S. citizens and residents, employees of U.S. companies, or anyone physically present in the United States to obtain or retain business abroad by paying bribes to foreign officials.
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