Introduction

• Author: Cecil C. Kuhne III
• Pages: 73-75

73

PAR T 2

FOREIGN BRIBES

The offenses for foreign bribery are t ypically prosecuted under the

Federal Corrupt Practice s Act (FCPA), which was  rst enacted in

1977 and which makes it unlawful for any American company (or

person acting on behalf of such company) to provide money or other

bene ts to a foreign of cial in order to obtain or retain business.

The statute de nes “for eign of cial” as “any of cer or employee of

a foreign government or any department, agency, or instrumentality

thereof, or of a public international organization, or any person act-

ing in an of cial capacity for or on behalf of any such government

or department, agency or instr umentality, or for or on behalf of any

such public international organization.”

Most notably, the Act provides that:

It shall be unlawful for any domestic concern or for any of -

cer, director, employee, or agent of such domestic concer n

or any stockholder thereof acting on behalf of such domestic

concern, to make use of the mails or any means or instru-

mentality of interst ate commerce corruptly in furth erance of

an offer, payment, promise to pay, or authorization of the

payment of any money, or offer, gift, promise to give, or

authorization of the giving of value to—(1) any foreign of -

cial for purposes of . . . (B) inducing such foreign of cial to