Employees of Non-US Government Instrumentalities – Are They Foreign Officials Under the FCPA?

    View Authors April 2012

    Squire Sanders partner Rebekah J. Poston and senior associate Gabriel Colwell co-authored "Employees of Non-US Government Instrumentalities – Are They Foreign Officials Under the FCPA?" In the article, published on ethic-intelligence.com, Rebekah and Gabriel address:


    • Whether there is concern among US lawyers as to how broadly the US Department of Justice (DOJ) interprets the term "foreign official" as that term is used in the Foreign Corrupt Practices Act (FCPA)
    • How the DOJ and Securities and Exchange Commission (SEC) define a government "instrumentality"
    • Federal cases where the defendants challenged the broad interpretation of "instrumentality"
    • What lessons can be learned from these cases
    • The safest pathway for companies to travel when it comes to determining if they are doing business with a non-US government instrumentality