On December 14, 2023 the U.S. Congress approved the “Foreign Extortion Prevention Act” (FEPA) and was signed into law on December 22, 2023 by President Joe Biden as part of the FY2024 National Defense Authorization Act (NDAA) H.R.2670
The bill H.R.4747was sponsored by Rep. Sheila Jackson Lee of Texas and introduced in the House on July 28, 2021 and establishes a federal criminal offense involving bribery by foreign officials.
“The passage of this legislation is the most significant international criminal anti-corruption legislation in half a century. I am grateful that this language was included in the NDAA and that it has been signed into law by President Biden. This law will make it illegal for any foreign official to corruptly demand or accept a bribe from an U.S. person or company. It is time that we expand our foreign bribery laws to capture the malfeasance of foreign kleptocrats—in this age of globalization, we cannot wait any longer. I am pleased to have worked with Senators Whitehouse and Tillis, along with Congressman Wilson and I am proud of the work we have done together,” said Congresswoman Sheila Jackson Lee, Ranking Member of the House Judiciary Subcommittee on Crime.
Foreign Extortion Prevention Act (Summary)
Specifically, the bill makes it a crime for foreign officials to demand or accept anything of value personally or for another person or a nongovernmental entity to influence the performance of an official act or otherwise confer an improper advantage.
The bill explicitly grants extraterritorial jurisdiction over the offense.
A violation is subject to criminal penalties-a fine, a prison term of up to 15 years, or both.
Finally, the bill establishes a Victims of Kleptocracy Fund in the Treasury and directs fines and penalties for violations to be deposited into the fund for anti-corruption initiatives.
