Defining and Dealing with “State-Owned” Entities in the FCPA Context

June 15, 2023 2:00pm

Stephanie M. Tennant
Associate General Counsel, Compliance

An Tran
Jenner & Block LLP

  • What is (and isn’t) a “state-owned” entity, as defined in the FCPA-and the enduring grey areas
  • Applying both ownership interests and level of control tests when determining whether something is “state-owned”
  • Managing the inherent, heightened risks when dealing with state-owned entities
  • Defining “instrumentality” in relation to essential government control, and understanding how/when instrumentalities are more/less important