Identifying Foreign Officials Under the FCPA: Interpreting Varying DOJ/SEC and Court Guidance

Description

Companies doing business outside the U.S. know that bribery of foreign officials, whether intentional or merely giving a gift to a foreign official in the spirit of the country's culture, could be interpreted as bribery. Employees and executives often find it difficult to recognize who is a foreign official.

Some countries, including China, present a bigger challenge because employees of government-owned enterprises can be considered foreign officials. As a result, a business that may seem to be a private, non-governmental organization can still fall under the FCPA.

Using recent court decisions and DOJ and SEC guidance, counsel must guide companies in developing effective programs for employees to understand who is and who is not a foreign official. Companies must also conduct due diligence and establish training programs for employees on how to identify foreign officials.

Listen as our authoritative panel reviews how the DOJ and SEC and court decisions have interpreted the term "foreign official." The panel will analyze the application of the term “instrumentality” and how "foreign official” can mean different things in different countries. The panel will also offer best practices to improve compliance with the FCPA in this murky area.