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;