WilmerHale – The language and structure of the FEPA are similar to the FCPA, but there are differences beyond the “demand side” versus “supply side” focus of the respective statutes.
One notable difference is their respective definition of the term “foreign official.” The FEPA definition expands the definition of a “foreign official” beyond the FCPA definition through its inclusion of “any person acting in an unofficial capacity for or on behalf of a government, department, agency, instrumentality or a public international organization.” In addition, unlike the FCPA, the FEPA addresses the conduct of “senior foreign political figures,” rather than making reference to officials of foreign political parties or candidates for foreign political office like the FCPA.
Source:
- WilmerHale: Congress Enacts the Foreign Extortion Prevention Act Targeting Foreign Officials’ Conduct
