Who is considered to be a foreign official under the FCPA?

Who might be a foreign or public official?

Foreign official or foreign public official refers to a person who acts in an official capacity for a foreign government. The term is chiefly used in connection with international conventions and national laws against corruption in international trade.

Does FCPA apply to US officials?

The FCPA applies to prohibited conduct anywhere in the world and extends to both U.S. publicly traded companies and privately held companies.

Can non US citizens be prosecuted under the FCPA?

The question of what it means to be an agent for purposes of the FCPA became a critical question after the trial judge ruled, and the Second Circuit affirmed, that a non-US citizen, national, or resident could not be held criminally liable for conspiring to violate the FCPA or aiding and abetting a violation of the …

How does FCPA apply to foreign companies?

The Foreign Corrupt Practices Act (“FCPA”) prohibits individuals and companies from bribing foreign officials to obtain or retain business. It also requires companies to maintain adequate books, records, and internal controls in their accounting practices.

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Who qualifies as a public official?

Public official means an employee of a Governmental Authority, a member of a political party, a political candidate, an officer of a public international organization, or an officer or employee of a state-owned enterprise, including a PRC state-owned enterprise.

Who is classified as a public official?

People working in the Parliament, government departments, statutory authorities and local councils in NSW, as well as NSW magistrates, judges, local councillors and members of Parliament are all public officials.

Does FCPA apply to foreign subsidiaries?

The FCPA is enforcement against all US based companies, wherever they operate across the globe; against all US citizens anywhere in the world; against all foreign subsidiaries of US companies across the globe; against any foreign company which has a US subsidiary or which does business in the US; against any company …

Who is legally responsible under the FCPA for a bribe?

[2] Accordingly, U.S. corporations and nationals can be held liable for bribes paid to foreign officials even if no actions or decisions take place within the United States.

What types of payments are permitted to foreign officials?

There are two circumstances under which a payment, gift, offer, or promise of anything of value to a foreign official may qualify as an “affirmative defense” under the FCPA: (1) the payment, gift, offer, or promise of anything of value is lawful under the written laws and regulations of the foreign official’s, …

What is the US Foreign Corrupt Practices Act?

Under the Foreign Corrupt Practices Act (FCPA), it is unlawful for a U.S. person or company to offer, pay, or promise to pay money or anything of value to any foreign official for the purpose of obtaining or retaining business.

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Does the UK Bribery Act covers only British citizens?

The UKBA also applies to a person who is a British national, or ordinarily resident in the UK. This implies that business entities set-up and operating in India (and not carrying out a business in the UK) are outside the purview of the UKBA.

Which of the following is covered under the FCPA’s prohibitions?

The Anti-Bribery Prohibitions. The FCPA anti-bribery provision has six key elements. It prohibits the (1) offering or giving, (2) of anything of value, (3) directly or indirectly, (4) to a foreign government official, (5) corruptly, (6) to obtain an improper advantage.