A recent article in the Financial Times by Simon Kuper, titled “How to buy a foreign election” reminded me that the FCPA specifically makes illegal more than simply bribing a foreign government official or some employed by a state owned enterprise to secure an improper advantage. The FCPA also makes illegal bribes paid to “any foreign political party or official thereof”; “any candidate for foreign political office”; or any person, while knowing that all or a portion of the payment will be offered, given, or promised to an individual falling within one of these categories, all if to secure an improper advantage.
Kuper’s article focused on the avalanche of money dumped into the American political system, particularly on display during this present Presidential campaign. Yet he also worries U.S. interests paying monies to influence political races and elections outside the U.S. as well. He is concerned that “buying into other people’s political system is a bright idea that is conquering the world.” Moreover, “U.S. campaigns have become so pricey that many American donors now see better returns on investment in smaller economies.”
