Combatting international corruption: The pro bono research behind the landmark Foreign Extortion Prevention Act

At the end of 2023, the United States passed a transformative anticorruption law, the Foreign Extortion Prevention Act (or “FEPA”) that makes it a crime for a foreign official anywhere in the world to demand or accept a bribe from a U.S. citizen, U.S. company, or any company listed on a U.S. stock exchange.

It is the most far-reaching law of its kind in the world and holds the promise of both protecting American business interests and attacking corruption at its source.

Pro bono lawyers from international law firm Foley Hoag LLP played a critical role in bringing about this landmark law, supporting the U.S. chapter of Transparency International, the world’s largest and oldest anticorruption organization, with the legal research and analysis that underpinned the legislation.

The challenge of corruption

Transparency International is a global movement working in over 100 countries, holding powerful individuals and organisations accountable through research, campaigns and advocacy.

From stealing public funds to demanding bribes, corruption by public officials is a critical global issue, depriving people around the world of their basic rights, services and protections, and enabling other violations such as human trafficking, environmental crimes, and public health dangers. For example, in Uganda, officials accepted bribes as part of an adoption scheme that included ensuring that a child be placed into an orphanage, while in Indonesia, a major multinational company used bribes in an attempt to bypass environmental protections.

Until FEPA, there was a major gap in US anti-foreign-bribery law. While it is illegal for Americans and American companies to offer or give bribes to foreign officials, there was no law against a foreign official demanding or accepting those bribes. A study by the OECD showed that in 80% of bribery schemes, the foreign officials involved were never punished by their home governments. This loophole effectively gave a green light to corruption.

Connecting expertise with need

To address this problem, TrustLaw connected Transparency International U.S. with pro bono lawyers from Foley Hoag, who examined the ability of U.S. law to reach and prosecute foreign officials who demand bribes — even when those demands happen outside the U.S. Using this research as a basis, efforts began to design and champion FEPA.

Christopher Hart, Partner at Foley Hoag, who led the pro bono project, highlights the importance of their work to analyse and address potential constitutional challenges, enabling Transparency International U.S. to develop a robust and defensible legal foundation for FEPA.

Armed with the legal framework and strategic insights from the Foley Hoag team, Transparency International U.S. successfully won support for FEPA from a broad coalition that brought together Republicans, Democrats, and dozens of organisations from across the political spectrum, from the U.S. Chamber of Commerce to Greenpeace.

Creating lasting impact

FEPA was passed by Congress and signed into law by President Biden in late 2023. It represents a powerful new tool in the global fight against corruption, creating consequences for corrupt officials who previously operated with impunity, and providing incentives for governments around the world to strengthen their own anti-corruption efforts.

The project demonstrates how targeted pro bono legal expertise can create truly impactful tools, not only for fighting corruption but for addressing a spectrum of other complex global problems. By bridging the gap between legal knowledge and anti-corruption advocacy, this collaboration has created a model law that can be adopted by other countries committed to combating corruption worldwide, magnifying its impact far beyond U.S. borders.

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