Jun 4, 2025

Foreign Officials

PAA Questions:
What is considered a foreign official?
Who are foreign officials under the FCPA?
What is the meaning of foreign government?
Are foreign officials those who are elected to their position?

Article HTML:

Definition of Foreign Official

The term “foreign official” generally refers to any officer or employee of a foreign government or any department, agency, or instrumentality thereof. This can include individuals working for state-owned enterprises, public international organizations, or anyone acting in an official capacity for or on behalf of such entities.

Who are foreign officials under the FCPA?

Under the Foreign Corrupt Practices Act (FCPA), a “foreign official” is defined broadly. It includes not only elected or appointed government officials but also employees of government-owned or controlled entities, such as state-owned companies, and officials of public international organizations. The FCPA’s definition is intentionally expansive to cover a wide range of individuals who may act on behalf of a foreign government.

Scope of Foreign Government

What is the meaning of foreign government?

A foreign government refers to the governing body of a country other than one’s own. This includes national, regional, and local governments, as well as their departments, agencies, and instrumentalities. In the context of anti-corruption laws, the term can also encompass entities that are owned or controlled by the government, such as state-owned enterprises.

Types of Foreign Officials

Are foreign officials those who are elected to their position?

Foreign officials can be either elected or appointed to their positions. The definition is not limited to those who have been elected; it also includes appointed officials and employees of government entities or organizations controlled by the government. This broad definition ensures that a wide range of individuals acting on behalf of a foreign government are covered under relevant laws and regulations.

Foreign Officials