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In a recent landmark decision, the 11th Circuit became the first federal appeals court to define the term “instrumentality” under the Foreign Corrupt Practices Act (FCPA). The court adopted a two-part test and provided a non-exhaustive list of factors applicable to both prongs of the test, “mindful of the needs of both corporations and the government for ex ante direction about what an instrumentality is.” The decision provides welcome guidance to U.S. companies doing business abroad.

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