A student asked me a question in class about the FCPA which I cannot
definitively answer.

The FCPA applies to U.S. companies bribing abroad and an amendment
extends the FCPA to Non-U.S. citizens acting in the United States.  Is a
foreign agent (say, a Mexican national) who bribes a Mexican official on
behalf of a U.S. firm in Mexico liabile under the FCPA?  Assume that the
Mexican national never enters the United States.  Also, would there be a
jurisdictional problem with prosecuting the Mexican agent?

Thanks in advance for you help,

Robert

Robert C. Bird
Assistant Professor
University of Connecticut