One the criticisms of the Foreign Corrupt Practices Act
(FCPA) is that it provides little guidance as to what constitutes an
instrumentality under the Act and attendant question of who is a foreign
governmental official. One of the five points raised by the US Chamber of
Commerce in its lobbying...
In Part I of Reading
a Crystal Ball? Guidance on Instrumentality under the FCPA , we listed
the factors which the three federal district courts have set forth for the
determination of whether an entity is an instrumentality under the Foreign
Corrupt Practices Act (FCPA). In Part II, we will review...