Foreign public official meaning

FEPA FEPA is a landmark statute that, for the first time in US history, criminalises foreign officials who solicit or receive bribes in return for carrying out an official act to secure a commercial benefit. It applies where a foreign official seeks or takes bribes from issuers or domestic concerns, or from any person whilst the official is in the US. Enacted with bipartisan, bicameral backing, the law grants federal prosecutors expansive extraterritorial authority to pursue corrupt foreign officials who demand or accept bribes. For decades, the Foreign Corrupt Practices Act (FCPA) was the only foreign bribery regime, and it addresses the supply side of misconduct—ie, paying or offering bribes to public officials to gain a business advantage. Yet the FCPA does not authorise prosecutors to charge the other participant in a quid pro quo-style bribery scheme—the bribe-seeking official—and, until FEPA’s arrival, the Department of Justice (DOJ) has resorted to applying other statutes, such as money laundering and wire fraud, when seeking to indict corrupt foreign officials...

In this issue: Data protection and cybersecurity Financial services Insurance and reinsurance International trade Daily and weekly news alerts New and updated content Trackers Data protection and cybersecurity Comment—Google's reversal on killing cookies may prompt EU ad sector proposals MLex reports that Google’s revised plan, giving people greater control over how online adverts are delivered, is expected to draw rigorous scrutiny from European Commission officials, as they contemplate potential legislative measures on web cookies and digital advertising in the coming months. See News Analysis: Comment—Google's reversal on killing cookies may prompt EU ad sector proposals. X suspends processing of personal data of EU and EEA users to train AI tool The Irish Data Protection Commission (DPC) has reached an agreement with X, under which the platform will pause processing of personal data contained in the public posts of X’s users in the EU and the EEA, between 7 May and 1 August 2024, for...

Here we set out the background to the Guralp DPA, consider the issues that arose regarding the disgorgement of profits and the DPA’s duration, and explain how the court addressed these matters... Background Guralp agreed a DPA with the SFO in October 2019, becoming the sixth company in the UK to do so. This followed an investigation into claims that the business had bribed a foreign public official to secure sales of its technology. Over a 13‑year span, three former staff members were said to have made corrupt payments to an official at the Korean Institute of Geoscience and Mineral resources to guarantee purchases of Guralp’s seismic monitoring equipment. Although the individual defendants were acquitted at trial, the company admitted conspiring to make corrupt payments and, for conduct after 2011—when the Bribery Act 2010 (BA 2010) took effect—failing to prevent bribery. The case against the company concluded through the DPA, which was publicly disclosed once the individuals’ trials had finished. Owing to Guralp’s fragile financial position, the DPA...

The Bribery Act 2010 (BA 2010) Enacted to secure the UK’s adherence to the Organisation for Economic Co-operation and Development’s (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the Bribery Act 2010 (BA 2010) delivers an effective framework to address corruption across public and private spheres, updating the UK’s anti-corruption regime and supplanting Prevention of Corruption Act 1906 and Prevention of Corruption Act 1916. BA 2010 carries significant consequences for any company incorporated in, or trading from, the UK. Its global reach covers bribery undertaken by a business, or by third parties acting for it, regardless of where in the world the conduct occurs...

The Mauritian legal system Mauritius operates a mixed legal order, blending French civil law heritage with British common law traditions. It exhibits a dual structure: procedures in both criminal and civil proceedings are largely English in origin, while much of the substantive framework derives from the French Napoleonic Code. The jurisdiction therefore embodies both civil law and common law traits, reshaped to suit domestic requirements and yielding a distinctive body of Mauritian law. This duality appears in the separate regimes applicable to domestic and international arbitration. Rules for domestic arbitration are set out in the Civil Procedure Code 1808 (Code de Procédure Civile) (CPC), drawn from a French version, whereas international arbitration falls under the International Arbitration Act 2008 (IAA 2008), modelled on the UNCITRAL Model Law on International Commercial Arbitration (the Model Law). For further detail on arbitration in Mauritius, see Practice Notes: Arbitration in Mauritius and International arbitration in Mauritius. Notably, the International Arbitration Act 2008 (the IAA 2008) omits the enactment of articles 35 and 36...

Practice Note This Practice Note consists of two strands created to help dispute resolution practitioners remain up to date with developments in case law that affect their field, or which influence civil litigation procedure more generally: selected forthcoming appeals to the Supreme Court are highlighted below; see Key forthcoming appeals to the Supreme Court—2022 summaries of significant appeal decisions in England and Wales (ie rulings of the Court of Appeal and Supreme Court and, where appropriate, certain judgments of the Competition Appeal Tribunal, Judicial Committee of the Privy Council, Court of Justice of the European Union), and ECtHR, which we have covered; see: Key forthcoming appeal cases—2022 You can navigate this content using the table of contents in the left-hand margin. Alternatively, search this tracker using [CTRL]+[F]. This material is not intended to be a comprehensive register of every appeal or major decision relevant to dispute resolution practitioners. Key forthcoming appeals to the Supreme Court—2022 Tort and negligence ...

What are bribery and corruption? Corruption, in broad terms, is the misuse of entrusted power through dishonest conduct to secure personal or commercial benefit. Bribery is a form of corruption and, in a business setting, refers to any advantage—financial or otherwise—offered or accepted with the aim of rewarding or prompting the improper performance of a public, business or employment-related task. Performance is improper where there is an expectation that the activity will be undertaken in good faith, yet it is carried out in a way that breaches that expectation. What are the four offences under the Bribery Act 2010 (BA 2010)? BA 2010 sets out four principal bribery offences: bribing another person requesting or accepting a bribe bribing a foreign public official failing to prevent bribery (this applies only to businesses) Who can be involved in bribery? Bribery can be carried out by individuals, corporate entities and their officers, as well as by foreign public officials...

Summary The Bribery Act 2010 (BA 2010) took effect on 1 July 2011. It extends to any company incorporated in, or trading from, the UK and captures bribery carried out for its benefit anywhere in the world, irrespective of where it occurs. It is markedly wider than earlier anti-corruption legislation. BA 2010 states plainly that individuals must not offer or receive bribes, and it establishes a distinct offence of bribing a foreign public official. In addition, a company is liable where bribery is undertaken on its behalf, unless it has adequate procedures in place to prevent bribery. What amounts to adequate procedures is not defined by BA 2010; businesses must make their own assessment of adequacy. Guidance from the Ministry of Justice (MoJ) makes clear we must maintain a robust, enforced policy against bribery and corruption that is understood by everyone. Accordingly, I enclose, for your approval and comment, a [ n ] [ Group ] anti-bribery and corruption policy...