How to Capture the “Demand Side” of Foreign Bribery

The 2019 House bill the Foreign Extortion Prevention Act sought to capture the so-called “demand side” of bribes solicited by foreign officials, to complement the FCPA’s current provisions to capture the “supply side.” It sought to prohibit such conduct – not through amending the FCPA – but through amending 18 USC 201 (the domestic bribery statute), which Mike Koehler argues could lead to several areas of incongruity between liability for the “bribe” payor (what the FCPA captures) and the “bribe” demander (what the FEPA sought to capture).