The United States anti-corruption law that could have repercussions in Colombia

The United States welcomed a new anti-corruption law last month which could have implications in the future for other countries, including Colombia.

This is the Foreign Extortion Prevention Act (or FEPA), which was approved by Congress and signed by President Joe Biden on December 18.

The central objective of the law is to allow judicial proceedings before the US justice system against foreign officials. that solicit or accept bribes from Americans or companies in this country.

Until the issuance of this law, only the US citizen or company was subject to judicial action in case of having bribed – or attempted to bribe – an official of another nation.

Something that had been done routinely and that included sanctions ranging from 15 years in prison to large fines thanks to another regulation, the Foreign Corrupt Practices Act (FCPA), which has been in place for almost 50 years. in force.

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But now, according to experts and anti-corruption activists, the other side of the coin will be pursued: i.e. to foreign government officials who lend themselves to the crime.

“We hope that this will be the first enforceable law that goes after foreign officials for demanding or accepting bribes. The implications of that are enormous and tremendously positive for good governance around the world,” said Scott Greytak of Transparency International USA.

According to the law, US prosecutors can now bring charges against any “foreign official” who solicits or accepts a bribe of a company or individual doing business in the United States, even if the illegal activity takes place outside the United States.

The law provides for fines of up to $250,000, or three times the amount of the bribe received, as well as up to 15 years in prison. Prosecutors may also request the extradition of people charged under the law, in the case of countries that have an extradition treaty with Washington.

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In cases where a foreign official remains beyond the reach of US authorities, Prosecutors will have tools to freeze their assets and issue arrest warrants if they appear on US soil. or in a third country with an extradition treaty in force with the US.

“The overwhelming majority of corrupt foreign officials often get their way, causing distrust in the government, political instability, and economic inequality, among other things. This gives real hope to citizens of other countries that If they can't prosecute their own corrupt officials at home, the US government now has the authority to go after them, which is a big potential change,” Greytak added in a statement celebrating the decision.

SERGIO GÓMEZ MASERI
TIME CORRESPONDENT
WASHINGTON
On X (formerly Twitter): @sergom68