FLASH
Shkruar nga Pamfleti
Activists dealing with corruption and government transparency issues say a new law that allows US federal prosecutors to bring criminal charges against foreign government officials who solicit or accept bribes from US companies will fill a major loophole. in the global fight against corruption.
Known as the Foreign Extortion Prevention Act (FEPA), part of the National Defense Budget and Spending Act was signed into law by President Joe Biden in December. Supporters of the law say it is a much-needed addition to the nearly 50-year-old Foreign Corrupt Practices Act (FCPA). The latter considers it a criminal offense for American citizens or companies to pay bribes or influence foreign officials with corrupt practices.
The US government regularly brings charges against US companies under the Corrupt Practices Act involving foreign officials, but until now, it has been unable to prosecute foreign officials who solicit or accept bribes.
Legal experts point out that when it comes to cross-border corruption, the equation has two sides: the "supply" side, which includes companies and individuals willing to pay bribes, and the "demand" side, which includes foreign officials who demand or accept bribes. bribes The Foreign Extortion Prevention Act (FEPA), for the first time, expressly criminalizes the acceptance of bribes by foreign officials.
Under the law, US prosecutors can bring charges against any "foreign official" who solicits or accepts bribes from a company or individual doing business in the United States, even if the illegal activity takes place outside US territory.
The law provides for fines of up to $250,000, or three times the amount of the bribe received, as well as up to 15 years in prison. Prosecutors will be able to seek the extradition of individuals charged under the law, in the case of those countries with which the United States has extradition agreements.
In cases where U.S. authorities are unable to apprehend a foreign official, prosecutors can seek asset freezes and issue warrants for their arrest if they appear on U.S. soil, or in a third country, with a extradition agreement and Washington.
" We expect this to be the first applicable law aimed at punishing foreign officials for soliciting or accepting bribes. The consequences of this will be huge and extremely positive for good governance around the world ", said Scott Greytak, representative of the organization 'Transparency International' in the United States.
Mr. Greytak told VOA that Transparency International, which has branches in 120 countries around the world, has noticed a positive reaction to the new law from its members. Many of them report that their home governments have little capacity or will to prosecute corrupt officials, meaning that for a large amount of bribes received, there are officials who go unpunished.
" The vast majority of corrupt foreign officials are just throwing it away, and we know all the terrible consequences of that ," said Mr. Greytak. He cited low trust in government, political instability, economic inequality, environmental damage or poor public health outcomes, among others.
" So this law gives real hope to those people who, if they can't prosecute their corrupt officials, now the United States government has the authority to prosecute them, which will potentially make a difference." situation ," said Mr. Greytak.
Efforts over the years for the adoption of the law
In an emailed statement to VOA, Noah Bookbinder, president and CEO of Washington-based Citizens for Accountability and Ethics, said the group he leads has supported the introduction and passage of the new law for years. He expressed the belief that the law will have far-reaching effects.
" The Foreign Bribery Prevention Act is the most comprehensive and important initiative of our nation's anti-bribery and corruption laws in decades. Foreign and domestic corruption are inseparable, and a fight against one is a fight against both. ", he said.
" We are optimistic that the law will make corrupt foreign officials think twice before soliciting bribes from American companies ," Mr. Bookbinder added.
Criminal prosecutions in the future
Experts say that in the future, prosecutions based on the Corruption Act involving foreign officials may be accompanied by charges under the new law (FEPA).
For example, in 2021, the Department of Justice filed charges against a US citizen employed by an Ohio-based international adoption agency. The indictment included allegations that she had paid bribes to a number of public officials in Uganda, including probation officers and high court judges, in order to facilitate the adoption of Ugandan children for US citizens.
According to 'Transparency International', if this indictment were to be filed today, in addition to charges against American citizens, charges could also be filed against Ugandan officials for participating in this scheme.
In another case, the US Securities and Exchange Commission filed charges in 2019 against a Wisconsin-based printing and marketing services company for what it called involvement in multiple bribery schemes in China and Peru.
Under the new law, the commission will be able to refer charges to the Department of Justice for the prosecution of Peruvian and Chinese nationals who have received bribes. / VOA
Lini një Përgjigje