Il "Foreign Extortion Prevention Act (2023)": un nuovo idealtipo nella lotta alla corruzione internazionale?

The article critically examines the Foreign Extortion Prevention Act (FEPA) recently enacted by the United States Congress and highlights the reasons why it cannot be considered an indicator of creating a new ideal type in US anti-corruption policy. By analysing key provisions of the Act, the essay examines the notion of foreign public official introduced in § 201 of the U.S.C. and the provision that punishes foreign officials who request bribes in the conduct of business, noting that this is a provision comparable to that contained in the Foreign Corrupt Practices Act (FCPA) which prosecutes active international corruption, in light of the interpretation of the notion of corruption provided by the U.S. Supreme Court. The analysis focuses on highlighting the implications for companies that conduct business abroad and which are called upon to adapt their respective organizational and compliance models to the new provisions, also emphasising that the FEPA will give new life to the already high level of enforcement of international corruption charges brought against foreign multinational corporations by the U.S. Department of Justice and the SEC.