Washington — The U.S. Congress has approved the Foreign Extortion Prevention Act (FEPA) as part of the annual defense spending bill, the National Defense Authorization Act (NDAA). The groundbreaking legislation criminalizes the act of foreign officials demanding or accepting bribes from Americans, marking a significant milestone in the fight against global corruption.
Crafted with the assistance of Transparency International U.S. (TI US), FEPA garnered bipartisan support and represents a crucial step towards fulfilling a commitment made by the Biden Administration to address the "demand side" of foreign bribery. The law makes it a crime for any foreign official, including government employees, former officials, or their close associates, to solicit or accept bribes from Americans or American companies, regardless of the location.
Scott Greytak, Director of Advocacy for TI US, expressed his thoughts on the passage of FEPA, stating, "Today the United States Government comes one critical step closer to helping provide real justice for victims of corruption around the world. FEPA is a landmark, bipartisan law that holds the potential to help root out foreign corruption at its source. It is arguably the most sweeping and consequential foreign bribery law in nearly half a century."
The law comes at a time when corruption remains a pervasive issue globally, affecting citizens in more than 120 countries, according to Transparency International's annual Corruption Perceptions Index. Many of these nations are plagued by kleptocracies where corrupt officials go unpunished for stealing resources from their citizens.
In Liberia, several prominent members of the outgoing government, including the former Minister of State for Presidential Affairs, Nathaniel McGill, the former Managing Director of the National Port Authority, Bill Twehway, and the former Solicitor General, Cllr. Sayma Syrennius Cephas, were sanctioned by the U.S. Department of the Treasury for significant acts of corruption.
More recently, the Mayor of Monrovia was also sanctioned for alleged human rights abuses and corruption. Additionally, the President Pro-Tempore of the Liberian Senate, Albert T. Chie, and Margibi County Senator Emmanuel Nuquay, along with Finance Minister Samuel Tweah, and their spouses and minor children, were placed on a lifetime visa restriction by the U.S. State Department for their alleged involvement in corruption and bribery to manipulate legislative proceedings.
The United States Embassy in Liberia has consistently expressed concern over the Liberian government's inaction in prosecuting officials sanctioned by the U.S. government for corruption.
In the recent legislation, FEPA seeks to disrupt these dynamics by empowering the U.S. Government to criminally prosecute foreign officials engaged in corrupt practices with Americans or American companies worldwide. Currently, U.S. law focuses on penalizing Americans for offering bribes but lacks provisions to hold foreign officials accountable for demanding or accepting such bribes. Research indicates that a majority of bribe-demanding foreign officials evade prosecution in their home countries.
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Addressing this gap, FEPA is poised to become a powerful tool in the fight against global corruption. By imposing legal consequences on foreign officials engaged in bribery, the legislation aims to enhance justice and protect the interests of Americans and American businesses operating abroad.
Transparency International U.S., along with partners such as the U.S. Chamber of Commerce, Foundation for Defense of Democracies (FDD) Action, Citizens for Responsibility and Ethics in Washington (CREW), and a coalition of civil society organizations, played a crucial role in supporting the legislation.
Advocates for FEPA strongly encourage President Biden to promptly sign the law, commending the leadership and dedication of key figures such as Sen. Sheldon Whitehouse, Rep. Sheila Jackson Lee, Rep. Joe Wilson, Sen. Thom Tillis, the Helsinki Commission, and their respective staff in realizing this transformative legislative milestone.
