Ropes & Gray on 9th September published an article about a Bill introduced in the House of Representatives in late July would allow the US Government to prosecute foreign officials who take bribes. It would make it illegal for a “foreign official” to improperly demand or receive anything of value in return for “being influenced in the performance of any official act” or “being induced to do or omit to do any act in violation of the official duty of such official or person”. The new Bill would amend the existing law which prohibits bribery of US domestic public officials, and seeks to fill what many see as a gap in the Foreign Corrupt Practices Act (FCPA). At present, the US Government is limited in its ability to prosecute foreign nationals who accept bribes, or otherwise participate in bribery schemes, if they have no nexus with the US. The Bill could make it easier for US prosecutors to target foreign officials who demand or receive bribes, increasing the number of bribery enforcement actions.
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