Every indexed document

properly recorded in a company’s books and records

and employees of the Electricity Commission are subject to Foreign Country’s

Company A won a long-term contract to supply goods and services to the state-owned Electricity

there is still nothing to suggest corrupt intent.

the FCPA was not designed to prohibit all forms of hospitality to foreign officials. While the cost here may

Company A invites a dozen current and prospective customers out for drinks

bona fide expenditures made in connection with the promotion

including officials in various ministries and state-owned entities. At a trade show

Company A’s officers and employees come into regular contact with

such as Foreign Country. Company A’s stock is listed on a national U.S. stock

as an indirect way of corruptly influencing a foreign

000 birthday trip for a government decisionmaker

are unlikely to improperly influence an official

the payor must have corrupt intent—that is

others have involved travel expenses and

know generally that his conduct is unlawful.

he or she must act “willfully.” 81 Proof

the FCPA does not require that a corrupt

they can still be subject to jurisdiction under a traditional

and Intermediary is an “agent” of Company A. EuroCo and Intermediary are also subject to the FCPA’s