Or Mexican national oil company. ?! And in the early 1980s, despite the Malaysian government having a minority share- DOJ and SEC brought cases involving a $1 million bribe to holder position, the company was an instrumentality of the the chairman of Trinidad and Tobago’s racing authority.'” Malaysian government as the government nevertheless had DOJ and SEC continue to regularly bring FCPA substantial control over the company. cases involving bribes paid to employees of agencies and Companies and individuals should also remember instrumentalities of foreign governments. In one such that, whether an entity is an instrumentality of a foreign case, the subsidiary of a Swiss engineering company paid government or a private entity, commercial (ie. private- bribes to officials of a state-owned and controlled electric- to-private) bribery may still violate the FCPA’s accounting ity commission. The commission was created by, owned provisions, the Travel Act, anti-money laundering laws, and by, and controlled by the Mexican government, and it had other federal or foreign laws. Any type of corrupt payment a monopoly on the transmission and distribution of elec- thus carries a risk of prosecution. tricity in Mexico. Many of the commission’s board mem- bers were cabinet-level government officials, and the direc- Public International Organizations tor was appointed by Mexico's president.” Similarly, in In 1998, the FCPA was amended to expand the defini- another recent case, Miami telecommunications executives tion of “foreign official” to include employees and representa- were charged with paying bribes to employees of Haiti’s tives of public international organizations.'”’ A “public inter- state-owned and controlled telecommunications company. national organization” is any organization designated as such The telecommunications company was 97% owned and by Executive Order under the International Organizations 100% controlled by the Haitian government, and its direc- Immunities