Designation of Public International Organizations for Purposes of the Securities Exchange Act of 1934 and the Foreign Corrupt Practices Act of 1977

This executive order designates the European Union (including its institutions and communities) and Europol as "public international organizations" under the Securities Exchange Act of 1934 and the Foreign Corrupt Practices Act of 1977. This designation subjects these entities to specific anti-bribery and accounting provisions of those statutes.

Federal Register Open PDF 67 FR 13239

Key directives

Designate the European Union (including European Communities, EU institutions, departments, agencies, and instrumentalities) as a 'public international organization'
Designate Europol (including departments, agencies, and instrumentalities) as a 'public international organization'
Clarify that designation applies only for purposes of Section 30A of Securities Exchange Act of 1934 and Sections 104/104A of FCPA, not other statutes

Timeline

Immediate

Designation takes effect upon signing for purposes of specified statutes

Near term (90d)

Compliance adjustments by U.S. companies interacting with designated EU entities and Europol

Long term

Ongoing application of FCPA and Securities Exchange Act provisions to transactions involving these organizations

Risks & tensions

Limited to specific statutory purposes; explicit disclaimer prevents broader application
May create compliance complexity for U.S. firms with EU/Europol dealings under FCPA anti-bribery rules
Text does not specify whether designation is retroactive or prospective only