A central, recurring definitional challenge facing FCPA practitioners worldwide is whether, and under what circumstances, traditional local authorities, such as tribal leaders, qualify as “foreign officials” under the FCPA.  Perkins Coie Senior Counsel Barak Cohen and Partner T. Markus Funk, both former USDOJ prosecutors, provide the most comprehensive analysis on this issue to date, concluding that the one-size-fits-all analytical approach once favored by observers cannot be reconciled with present-day enforcement realities.