18 U.S.C. § 1352 — Demands by foreign officials for bribes

(a) Definitions. (1) “Foreign official” means (A)(i) an official or employee of a foreign government, department, agency, or instrumentality, or (ii) a senior foreign political figure as defined in 31 C.F.R. § 1010.605 or a successor rule; (B) an official or employee of a public international organization; or (C) a person acting officially for or on behalf of an entity in (A)(i) or a public international organization. This section does not define “senior foreign political figure.” (2) “Public international organization” means (A) an organization designated by Executive order under section 1 of the International Organizations Immunities Act, or (B) another international organization the President designates by Executive order for this section, effective when the order is published in the Federal Register. (b) Demand for a bribe. (1) Offense. It is unlawful for a foreign official or a person selected to be one to corruptly demand, seek, receive, accept, or agree to receive or accept, directly or indirectly, anything of value personally or for another person or nongovernmental entity, using the mails or interstate commerce. The thing of value must be demanded (A) from (i) a person covered by the referenced definition while the official, selected person, or someone acting for that person is in the United States; (ii) an issuer, its officer, director, employee, agent, or stockholder acting for it; or (iii) a domestic concern, its officer, director, employee, agent, or stockholder acting for it; and (B) in return for (i) influencing an official act or decision; (ii) inducing an act or omission violating the official’s lawful duty; (iii) conferring an improper advantage; or (iv) using the official’s influence with a foreign government or instrumentality to affect an act or decision, in connection with obtaining, retaining, or directing business to a person. (2) Penalty. A violator may be fined up to $250,000 or three times the thing’s monetary equivalent, imprisoned up to 15 years, or both. (3) Jurisdiction. The offense is subject to extraterritorial federal jurisdiction. (4) Report. Within one year after enactment and every year afterward, the Attorney General, consulting the Secretary of State when relevant, must submit to the specified Senate and House committees and post on the Justice Department’s public website a report that (A) partly focuses on foreign officials’ bribe demands from United States-domiciled or incorporated entities and foreign prosecution efforts; (B) addresses United States diplomatic efforts to protect those entities and how effective they are; (C) summarizes major actions under this section during the prior year, including enforcement and penalties; (D) evaluates Justice Department enforcement; and (E) details resources or legislative action needed for adequate enforcement. (5) Rule of construction. This subsection does not cover conduct that would violate section 30A of the Securities Exchange Act or section 104 or 104A of the Foreign Corrupt Practices Act, whether under direct liability, conspiracy, complicity, or another theory.