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FCPA Reform And The Olympics

The DOJ may think [1] that my “foreign official” declaration [2] “selectively reviews the [FCPA’s] legislative history.”  However, the truth is the 152 page declaration is the most comprehensive document ever written on the FCPA’s legislative history relevant to “foreign official” issues.  So comprehensive in fact that it highlights Foreign Corrupt Practices Act reform efforts and the Olympics.

You may be asking in your best Gary Coleman voice “whatcha talkin bout [3].”

This is what I am talking about.

In April 1999, Representative Henry Waxman introduced H.R. 1370, Senator John McCain introduced S. 803, and Senator John Ashcroft introduced S. 797.  These bills sought to amend the FCPA by restricting American corporate sponsorship of the International Olympic Committee (“IOC”).

Specifically, H.R. 1370 [4] sought to “amend the FCPA to prevent persons doing business in interstate commerce from providing financial support to the International Olympic Committee until the International Olympic Committee adopts institutional reforms.”

Specifically, S. 803  [5]sought “to make the International Olympic Committee subject to the FCPA” by amending the “foreign official” definition – specifically the “public international organization” prong to include the International Olympic Committee.

Specifically, S. 797 [6] sought “to apply the FCPA to the International Olympic Committee” by amending the term “‘foreign official’ [to] include[] any member of, employee of, or any person acting in an official capacity for or on behalf of, the International Olympic Committee.'”.

None of these bills made it out of committee.

You may be thinking, what about the “public international organization” prong of the FCPA’s “foreign official” definition which states that a “public international organization” is

an organization that is designated by Executive Order pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. § 288); or

any other international organization that is designated by the President by Executive order for the purposes of this section, effective as of the date of publication of such order in the Federal Register

The list of “public international organizations” is here [7].  For more, see here [8].

And now back to the Games.