F.C.P.A. : Issuers :
(g) Definitions

For purposes of this section:

1. The term "foreign official" means any officer or employee of a foreign government or any department, agency, or instrumentality thereof, or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality.
   
   
2. A) A person's state of mind is "knowing" with respect to conduct, a circumstance, or a result if :
   
   (i) such person is aware that such person is engaging in such conduct, that such circumstance exists, or that such result is substantially certain to occur; or
   (ii) such person has a firm belief that such circumstance exists or that such result is substantially certain to occur.
   
   B) When knowledge of the existence of a particular circumstance is required for an offense, such knowledge is established if a person is aware of a high probability of the existence of such circumstance, unless the person actually believes that such circumstance does not exist.
   
   
3. A) The term "routine governmental action" means only an action which is ordinarily and commonly performed by a foreign official in
   
   (i) obtaining permits, licenses, or other official documents to qualify a person to do business in a foreign country;
   (ii) processing governmental papers, such as visas and work orders;
   (iii) providing police protection, mail pick-up and delivery, or scheduling inspections associated with contract performance or inspections related to transit of goods across country;
   (iv) providing phone service, power and water supply, loading and unloading cargo, or protecting perishable products or commodities from deterioration; or
   (v) actions of a similar nature.
   
   B) The term "routine governmental action" does not include any decision by a foreign official whether, or on what terms, to award new business to or to continue business with a particular party, or any action taken by a foreign official involved in the decision-making process to encourage a decision to award new business to or continue business with a particular party.

Consultation

Introduction