Reading Room Document

Extraterritorial effect of criminal laws of the United States upon its citizens for acts committed outside the United States

In this memo, the OLC addressed whether federal law prohibited an American citizen from bribing a foreign official, and whether Congress could constitutionally prohibit that practice. The OLC concluded that there was no federal law which made the bribery of an official of a foreign government by an American citizen a crime. It also concluded that there was no constitutional bar against legislation criminalizing bribing a foreign government outside the jurisdiction of the United States. Lastly, it concluded that persuasive arguments could be made that such a legislation was in the public interest.

January 18, 1960