Countering the Demand Side of Foreign Bribery: An Analysis of the Foreign Extortion Prevention Act

Abstract

The United States has long criminalized bribery of foreign officials but not bribery by foreign officials. Under the Foreign Corrupt Practices Act ( FCPA ), an American may be criminally liable for paying a bribe to another country\u27s official, but the official commits no corresponding crime. The official might face criminal charges if they launder the proceeds of the bribe through the United States and could find themselves the target of Executive Branch sanctions for their corrupt behavior. But until 2023, the United States largely left the official\u27s punishment, if any, to the official\u27s home country. Then, Congress passed the Foreign Extortion Prevention Act ( FEPA ), which, under certain circumstances, directly criminalizes bribery by foreign officials. This Note evaluates the FEPA. It concludes that the FEPA represents a step change in U.S. efforts to counter foreign bribery, but the statute\u27s extraterritorial reach may exceed its grasp