How is a foreign official defined under the Foreign Corrupt Practices Act (FCPA)?
The Department of Justice (DOJ) brochure on the FCPA points out that a “foreign official means any officer or employee of a foreign government, a public international organization, or any department or agency thereof, or any person acting in an official capacity.” The DOJ suggests using its FCPA Opinion Procedure in determining exactly who constitutes a foreign official. For example, a member of a royal family, a legislative body, or an official of a state-owned business enterprise would be considered a “foreign official” for the purposes of the act.
