Corruption continues to be a significant challenge for governments and institutions worldwide. According to the latest Corruption Perception Index (CPI) by Transparency International, over 120 countries are grappling with serious corruption issues. In many of these countries, weak justice systems fail to address corruption effectively, leading to reduced accountability for public officials and the abuse of power.
In response to this global issue, the United States has taken a commendable step with the enactment of the Foreign Extortion Prevention Act (FEPA) in 2023. This legislation aims to incentivize foreign governments to address corruption within their borders and deliver justice to victims of corrupt practices.
FEPA criminalizes the actions of any foreign official, including current or former senior officials and their immediate family members, who solicit or accept bribes from any U.S.-listed company, American individual, or entity, or while on U.S. soil. Previously, U.S. law only penalized U.S. citizens or companies that offered or gave bribes to foreign officials, without directly addressing the demands or acceptance of bribes by those officials.
For instance, if a Ghanaian official, whether past or present, or their family members, solicit a bribe from a U.S.-origin company or individual and are caught, the United States would have jurisdiction over the case.
A survey by the Organisation for Economic Co-operation and Development (OECD) revealed that in 80% of demand-side bribery cases, foreign officials were not criminally sanctioned by their home governments.
In 2023, Ghana ranked 70th on the Corruption Perception Index, alongside Benin, Senegal, Oman, Timor-Leste, and the Solomon Islands, out of 180 countries. This ranking represents a decline from the country’s highest score of 48 in 2014.
