Acronyms (colloquial) | FEPA |
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Enacted by | the 118th United States Congress |
Legislative history | |
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The Foreign Extortion Prevention Act (FEPA) is a United States federal law that enables US authorities to prosecute foreign officials who demand or accept bribes from a US citizen, US company, or within a US jurisdiction. FEPA was signed into law by Joe Biden on December 22, 2023, as part of the National Defense Authorization Act for Fiscal Year 2024. [1]
Analysts stated that FEPA addresses a longstanding gap in US anti-bribery legislation by tackling the "demand" side of bribery. At the same time, the Foreign Corrupt Practices Act (FCPA) focuses on the "supply" side of bribery. [2] [3]
One expert noted that FEPA is "probably the most important U.S. anti-bribery effort since the FCPA itself became law. The law amends the federal domestic bribery statute to add a new subsection punishing foreign government officials for demanding or receiving a bribe. The law is quite specific in that it is intended to be extraterritorial in nature. This means that demanding or receiving a bribe, even if done somewhere else, is now a crime punishable in the United States." [4]
Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion, although making unfounded threats in order to obtain an unfair business advantage is also a form of extortion.
Bribery is the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty and to incline the individual to act contrary to their duty and the known rules of honesty and integrity. With regard to governmental operations, essentially, bribery is "Corrupt solicitation, acceptance, or transfer of value in exchange for official action."
The Foreign Corrupt Practices Act of 1977 (FCPA) is a United States federal law that prohibits U.S. citizens and entities from bribing foreign government officials to benefit their business interests.
Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption may involve many activities which include bribery, influence peddling and embezzlement and it may also involve practices which are legal in many countries. Political corruption occurs when an office-holder or other governmental employee acts with an official capacity for personal gain.
The Hobbs Act, named after United States Representative Sam Hobbs (D-AL) and codified as 18 U.S.C. § 1951, is a United States federal law enacted in 1946 that prohibits actual or attempted robbery or extortion that affect interstate or foreign commerce. It also forbids conspiracy to do so.
In financial regulation, a politically exposed person (PEP) is one who has been entrusted with a prominent public function. A PEP generally presents a higher risk for potential involvement in bribery and corruption by virtue of their position and the influence they may hold. The terms "politically exposed person" and senior foreign political figure are often used interchangeably, particularly in international forums.
A facilitating payment, facilitation payment, or grease payment is a payment to government employees to speed up an administrative process whose outcome is already determined. Although ethically questionable, it is not considered to be bribery according to the legislation of some states as well as in international anti-bribery conventions.
Foreign official or foreign public official refers to a person who acts in an official capacity for a foreign government. The term is chiefly used in connection with international conventions and national laws against corruption in international trade.
The Bribery Act 2010 is an Act of the Parliament of the United Kingdom that covers the criminal law relating to bribery. Introduced to Parliament in the Queen's Speech in 2009 after several decades of reports and draft bills, the act received royal assent on 8 April 2010 following cross-party support. Initially scheduled to enter into force in April 2010, this was changed to 1 July 2011. The act repeals all previous statutory and common law provisions in relation to bribery, instead replacing them with the crimes of bribery, being bribed, the bribery of foreign public officials, and the failure of a commercial organisation to prevent bribery on its behalf.
Integrity management consulting is an emerging sector of consultancy that advises individuals and corporations on how to apply the highest ethical standards to every aspect of their business. Integrity within a corporate set-up is a holistic approach that makes prudent and ethical decisions in finance and other areas, including operations, marketing, human resources and manufacturing. At the core of integrity management is the belief that companies have a strong interest and responsibility to act with integrity at all times.
The Corruption of Foreign Public Officials Act is an anti-corruption law in force in Canada. It was passed in 1999, ratifying the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and is often referred to as the Canadian equivalent to the United States' Foreign Corrupt Practices Act (FCPA).
The Nigeria Customs Service (NCS) is an independent customs service under the supervisory oversight of the Nigerian Ministry of Finance, responsible for the collection of customs revenue, Facilitation of both national and international trade, anti-smuggling and security activities.
Several statutes, mostly codified in Title 18 of the United States Code, provide for federal prosecution of public corruption in the United States. Federal prosecutions of public corruption under the Hobbs Act, the mail and wire fraud statutes, including the honest services fraud provision, the Travel Act, and the Racketeer Influenced and Corrupt Organizations Act (RICO) began in the 1970s. "Although none of these statutes was enacted in order to prosecute official corruption, each has been interpreted to provide a means to do so." The federal official bribery and gratuity statute, 18 U.S.C. § 201, the Foreign Corrupt Practices Act (FCPA) 15 U.S.C. § 78dd, and the federal program bribery statute, 18 U.S.C. § 666 directly address public corruption.
The Travel Act or International Travel Act of 1961, 18 U.S.C. § 1952, is a Federal criminal statute which forbids the use of the U.S. mail, or interstate or foreign travel, for the purpose of engaging in certain specified criminal acts.
Corruption in Sweden has been defined as "the abuse of power" by Swedish National Council for Crime Prevention (Brå). By receiving bribes, bribe takers abuse their position of power, which is consistent with how the National Anti-Corruption Unit of the Swedish Prosecution Authority specifies the term. Although bribes and improper rewards are central in the definition of corruption in Sweden, corruption in the sense of "abuse of power" can also manifest itself in other crimes such as misuse of office, embezzlement, fraud and breach of trust against a principal.
Corruption in Switzerland describes the prevention and occurrence of corruption in Switzerland.
Corruption in Uzbekistan is a serious problem. There are laws in place to prevent corruption, but enforcement in terms of laws regarding corruption is very weak. Low prosecution rates of corrupt officials is another contributing factor to the rampant corruption in Uzbekistan. It is not a criminal offense for a non-public official to influence the discretion of a public official. The judicial system faces severe functional deficits due to limited resources and corruption.
Corruption in Ecuador is a serious problem. In 2014, the U.S. Department of State cited Ecuador's corruption as a key human-rights problem. According to Freedom House, "Ecuador has long been racked by corruption", and the weak judicial oversight and investigative resources perpetuate a culture of impunity.
Anti-corruption comprises activities that oppose or inhibit corruption. Just as corruption takes many forms, anti-corruption efforts vary in scope and in strategy. A general distinction between preventive and reactive measures is sometimes drawn. In such framework, investigative authorities and their attempts to unveil corrupt practices would be considered reactive, while education on the negative impact of corruption, or firm-internal compliance programs are classified as the former.
The National Defense Authorization Act for Fiscal Year 2024 is a United States federal law which specifies the budget, expenditures, and policies of the U.S. Department of Defense (DOD) for fiscal year 2024.