CEA Anti-Corruption & Bribery Prevention 2 — Questions and Answers
Question 1: Under the U.S. Foreign Corrupt Practices Act (FCPA), which of the following is considered a 'foreign official'?
- A senior executive of a U.S. multinational corporation
- An employee of a foreign state-owned enterprise (Correct answer)
- A private sector competitor in an overseas market
- A U.S. diplomat posted abroad
Correct answer: An employee of a foreign state-owned enterprise
The FCPA's definition of 'foreign official' includes employees and officers of state-owned or state-controlled enterprises, not just government ministers.
Question 2: A company employee offers a procurement officer a gift card worth $150 to 'speed up' a routine contract approval. This most likely constitutes:
- A permissible facilitation payment under U.S. law
- Commercial bribery (Correct answer)
- A legitimate business courtesy
- An allowable hospitality expense
Correct answer: Commercial bribery
Offering anything of value to a procurement official to influence a business decision is commercial bribery, regardless of the amount.
Question 3: Which international convention obligates signatory nations to criminalize both active and passive bribery of foreign public officials?
- The Basel Convention
- The OECD Anti-Bribery Convention (Correct answer)
- The Vienna Convention on Diplomatic Relations
- The UN Convention on the Law of the Sea
Correct answer: The OECD Anti-Bribery Convention
The OECD Anti-Bribery Convention (1997) specifically requires member countries to make bribery of foreign public officials a criminal offense.
Question 4: What does 'passive bribery' refer to in anti-corruption law?
- Failing to report suspected bribery
- An official soliciting or accepting a bribe (Correct answer)
- Paying a bribe through an intermediary
- Allowing bribery to occur by neglecting oversight
Correct answer: An official soliciting or accepting a bribe
Passive bribery refers to the conduct of the recipient—an official who solicits, accepts, or receives an improper advantage.
Question 5: A company's anti-bribery policy prohibits gifts to officials but allows 'reasonable hospitality.' Which scenario crosses the line?
- A $30 business lunch during contract negotiations
- Tickets to a major sporting event worth $2,000 given to a regulator reviewing a pending permit (Correct answer)
- A branded pen given at a trade conference
- Paying for a client's coffee during a routine meeting
Correct answer: Tickets to a major sporting event worth $2,000 given to a regulator reviewing a pending permit
High-value hospitality timed to coincide with a pending regulatory decision creates an appearance of improper influence and likely violates anti-bribery standards.
Question 6: Under the UK Bribery Act 2010, which offense is unique compared to the FCPA?
- Bribing a foreign official
- Failure of a commercial organization to prevent bribery (Correct answer)
- Accepting a bribe
- Bribing a domestic public official
Correct answer: Failure of a commercial organization to prevent bribery
Section 7 of the UK Bribery Act creates a strict liability offense for commercial organizations that fail to prevent bribery by associated persons, with no equivalent under the FCPA.
Question 7: Which element is typically NOT required to prove a bribery offense under most anti-corruption statutes?
- An offer, promise, or giving of an advantage
- Intent to influence an action or decision
- Proof that the bribe was accepted and acted upon (Correct answer)
- A connection to a public official or business decision
Correct answer: Proof that the bribe was accepted and acted upon
Most bribery statutes are complete upon the offer or payment with corrupt intent; the recipient's actual acceptance or subsequent action is generally not required for liability.
CEA Anti-Corruption & Bribery Prevention 2
Under the U.S.
Foreign Corrupt Practices Act (FCPA), which of the following is considered a 'foreign official'?