Or or of a public international organization, or any per- son acting in an official capacity for or on behalf of 1 a any such government or department, agency, or in- The FCPA: strumentality, or for or on behalf of any such public Anti-Bribery Provisions international organization.! 2 As this language makes clear, the FCPA broadly applies to corrupt payments to “any” officer or employee list of factors to be considered: of a foreign government and to those acting on the for- e the foreign state’s extent of ownership of the entity; eign government's behalf.!? The FCPA thus covers cor- e the foreign state’s degree of control over the entity rupt payments to low-ranking employees and high-level (including whether key officers and directors of officials alike.!* the entity are, or are appointed by, government The FCPA prohibits payments to foreign officials, not officials); to foreign governments. That said, companies contem- e the foreign state’s characterization of the entity and plating contributions or donations to foreign governments its employees; should take steps to ensure that no monies are used for cor- e the circumstances surrounding the entity's creation; rupt purposes, such as the personal benefit of individual e the purpose of the entity’s activities; foreign officials. e the entity’s obligations and privileges under the foreign state’s law; Department, Agency, or Instrumentality of a e the exclusive or controlling power vested in the Foreign Government entity to administer its designated functions; Foreign officials under the FCPA include officers e the level of financial support by the foreign or employees of a department, agency, or instrumental- state (including subsidies, special tax treatment, ity of a foreign government. When a foreign government government-mandated fees, and loans); is organized in a fashion similar to the US. system, what e the entity's provision of services to the jurisdiction’s constitutes a government department or agency is ty