whether they utilize the US. mails or a means or instrumen- tality of interstate commerce.” Thus, for example, a foreign national who attends a meeting in the United States that fur- The FCPA: thers a foreign bribery scheme may be subject to prosecution, Anti-Bribery Provisions as may any co-conspirators, even if they did not themselves attend the meeting. A foreign national or company may also be liable under the FCPA if it aids and abets, conspires with, to a foreign official by US. companies and persons occur- or acts as an agent of an issuer or domestic concern, regardless ring wholly outside of the United States. of whether the foreign national or company itself takes any action in the United States. What Is Covered?—The Business In addition, under the “alternative jurisdiction” pro- Purpose Test vision of the FCPA enacted in 1998, U.S. companies or The FCPA applies only to payments intended to persons may be subject to the anti-bribery provisions even induce or influence a foreign official to use his or her posi- if they act outside the United States.‘! The 1998 amend- tion “in order to assist ... in obtaining or retaining business ments to the FCPA expanded the jurisdictional coverage of for or with, or directing business to, any person.” This the Act by establishing an alternative basis for jurisdiction, requirement is known as the “business purpose test” and is that is, jurisdiction based on the nationality principle. In broadly interpreted. particular, the 1998 amendments removed the requirement Not surprisingly, many enforcement actions involve that there be a use of interstate commerce (e.g., wire, email, bribes to obtain or retain government contracts.“ The telephone call) for acts in furtherance of a corrupt payment FCPA also prohibits bribes in the conduct of business or OO ——SSCSC‘(CC(‘és Hypothetical: FCPA Jurisdiction Company A, a Delaware company with its principal place of business in New York, is a large energy company that operates globally,