2013, No. 10 Crimes 65 “foreign public agency” means any person or body, wherever situated, that carries out a public function under the laws of a foreign country; “foreign public enterprise” means: (a) a company, wherever incorporated, that (i) a foreign government is able to control or dominate (whether by reason of its ownership of shares in the company, its voting powers in the company, or its ability to appoint one (1) or more directors (however described), or by reason that the directors (however described) are accustomed or under an obligation to act in accordance with the directions of that government, or otherwise); and (ii) enjoys subsidies or other privileges that are enjoyed only by companies, persons, or bodies to which subparagraph (i) or paragraph (b)(i) apply; or (b) a person or body (other than a company), wherever situated, that (i) a foreign government is able to control or dominate (whether by reason of its ability to appoint the person or one (1) or more members of the body, or by reason that the person or members of the body are accustomed or under an obligation to act in accordance with the directions of that government, or otherwise); and (ii) enjoys subsidies or other privileges that are enjoyed only by companies, persons, or bodies to which subparagraph (i) or paragraph (a)(i) applies. “foreign public official” includes any of the following: (a) a member or officer of the executive, judiciary, or legislature of a foreign country; (b) a person who is employed by a foreign government, foreign public agency, foreign public enterprise, or public international organisation;

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