On December 14, 2023, the U.S. Congress passed the Foreign Extortion Prevention Act (“FEPA”), one of the most important expansions of anti-corruption law in recent years and a key to expanding “demand-side” corruption enforcement. FEPA makes it unlawful for foreign officials to demand or accept bribes from U.S. persons or entities or from anyone if the foreign official is in the United States. FEPA operates in concert with its “supply-side” counterpart, the Foreign Corrupt Practices Act (“FCPA”), which prohibits paying bribes to foreign officials to assist in obtaining or retaining business.
It is highly likely that President Biden will soon sign FEPA into law, as the Biden administration has committed to working with “allies and partners on enacting legislation criminalizing the demand side of bribery, and enforcing new and existing laws” as part of its effort to make fighting corruption, including enhancing demand-side accountability, a priority.Continue Reading U.S. Congress Passes FEPA To Address the “Demand-Side” of Bribery