Clarifying Amendments To The Foreign Extortion Prevention Act

In December 2023, US Congress passed a landmark anti-bribery law: the Foreign Extortion Prevention Act (FEPA). FEPA was designed to supplement the Foreign Corrupt Practices Act (FCPA) and expand liability to foreign government officials who solicit or accept bribes from US companies. Previously, only companies and individuals who "supplied" the foreign bribery (i.e. offered, promised, authorized, or paid bribes) to government officials were charged under the FCPA. Now, foreign government officials on the "demand" side of the bribery, who solicit, seek, agree to receive, or accept bribes from a US company or individual, or any person while in US territory in exchange for or in connection with obtaining or retaining business, are liable under FEPA. Significantly, FEPA also expanded the definition of "foreign official" and criminalized bribery of persons or companies located in the United States or with a sufficient nexus to the United States.