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FCPA Challenge

FCPA Challenge

How much do you know about the Foreign Corrupt Practices Act? Let’s find out.

To commemorate the FCPA’s 40th year, FCPA Professor is presenting the FCPA Challenge.

Each Thursday during 2018, a question will be posed and the answer will be below the fold.

This week’s question is: true or false: the FCPA’s original anti-bribery provisions had an express facilitating payments exception?

Answer: False The FCPA’s original anti-bribery provisions did not have an express facilitating payments exception. Rather, the original definition of “foreign official” was as follows: “any officer or employee of a foreign government or any department, agency, or instrumentality thereof, or any person acting in an official capacity for or on behalf of such government or department, agency or instrumentality. Such terms does not include any employee of a foreign government or any department, agency, or instrumentality thereof whose duties are essentially ministerial or clerical.” In the FCPA’s 1988 amendments, this prong of the “foreign official” definition was removed in favor of an express facilitating payments exception.

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