The FCPA prohibits offering, promising, giving, or authorizing the giving of anything of value to a “Foreign Official” for the purpose of influencing a government act. It can be difficult to determine who is a Foreign Official, and that term is interpreted broadly, so you should contact the Compliance Officer if you have questions about who is a Foreign Official. A Foreign Official is:
- Any person who works for a foreign (non-U.S.) Government Agency;
- Any person acting in an official capacity for a foreign (non-U.S.) Government Agency;
- Any candidate for a foreign (non-U.S.) government or political office; or
- Any member of a royal family.
In this Policy, “Government Agency” means any:
- Government or other regulatory entity, including boards, commissions, and legislative bodies;
- Government-owned or government-controlled entity (including state-owned or state-controlled businesses, universities, hospitals, or quasi-government entities);
- Political party;
- Royal family;
- Tribunal or arbitral body;
- Public international organization (e.g., the United Nations or World Bank); or
- Any representative of a party above.
Under U.S. federal and state laws prohibiting domestic bribery, you may not offer, promise, authorize the giving, or give anything of value to any U.S. “Public Official” in exchange for influencing, or as an after-the-fact reward for, an official government act (i.e., no quid pro quo). In this Policy, Public Officials include all federal, state, and local government officials in the United States. As discussed below, you should seek guidance from the Compliance Officer before giving a Foreign or Public Official (collectively, “Government Officials”) anything of value.
Some Anti-Corruption Laws prohibit public sector bribery (bribing a Government Official), some prohibit commercial bribery (bribing someone who works in the private sector), and some prohibit both. Netskope prohibits all bribery.