§1352 Demands by Foreign Officials for Bribes

Summary

Makes it a federal crime for a foreign official to corruptly demand, seek, receive, accept, or agree to accept a bribe using the U.S. mail or any interstate commerce method. "Foreign official" means an official or employee of a foreign government or its parts, a senior foreign political figure, an official of a public international organization, or anyone acting for those people. "Public international organization" means an organization named by Executive order under the International Organizations Immunities Act or another organization the President names by Executive order. The law covers bribes from U.S.-connected sources, including persons while the official (or someone acting for them) is in U.S. territory, issuers under the Securities Exchange Act, and domestic concerns under the Foreign Corrupt Practices Act, or their officers, directors, employees, agents, or stockholders acting for them. The bribe must be to influence an official act, induce a breach of duty, give an improper advantage, or use the official’s influence with a foreign government to affect a decision, and it must be tied to obtaining, keeping, or directing business. Penalty is up to $250,000 or three times the value of the thing of value, up to 15 years in prison, or both. The law applies beyond U.S. borders. The Attorney General must report within 1 year of enactment and yearly after to specified Congressional committees and post the report online, covering demands on U.S. entities, diplomatic efforts, enforcement actions, effectiveness, and needed resources or legislation. It does not replace or expand violations under section 30A of the Securities Exchange Act (15 U.S.C. 78dd–1) or sections 104 or 104A of the Foreign Corrupt Practices Act (15 U.S.C. 78dd–2; 15 U.S.C. 78dd–3).