Whether a particular entity constitutes an “instrumentality” under the FCPA requires a fact-specific analysis of an entity’s ownership, control, status, and function. This is a non-exhaustive list of factors to determine whether the government “controls” an entity: the entity’s formal designation; whether the government has a majority interest; the government’s ability to hire and fire principals of the entity; if the entity’s profits go directly to the government’s fiscal accounts; if the government funds the entity should it fail to break even.
Instrumentality
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