Executive Order 13259: Designation of Public International Organizations for Purposes of the Securities Exchange Act of 1934 and the Foreign Corrupt Practices Act of 1977

President: George W. Bush

Designated the European Union, its listed institutions and instrumentalities, and Europol as public international organizations for the Foreign Corrupt Practices Act, bringing their officers, employees and representatives within the Act’s relevant foreign-official definitions.

Status: In effect.

Is Executive Order 13259 still in effect? Yes. Active; designation remains reproduced with the current FCPA provisions.

What does Executive Order 13259 do?

The order assigned these duties: Justice Department — Apply the designation in criminal FCPA investigations and enforcement; Securities and Exchange Commission — Apply the designation in civil FCPA and issuer-accounting enforcement.

Verified the EU, named institutions and Europol designation against the signed order. The guide limits the effect to the Foreign Corrupt Practices Act definitions identified in the order, not a blanket grant of immunity.

SignedMarch 19, 2002
IssuerPresident George W. Bush
Lead agencies or officialsJustice Department, Securities and Exchange Commission, regulated issuers, domestic concerns and persons within FCPA jurisdiction
Express timingImmediate; no deadline or sunset date

Before and after

Before the order

The FCPA already covered officials of designated public international organizations, but the EU institutions and Europol required the specific presidential designation used by the statute.

After the order

The designation became part of the FCPA’s statutory-note framework and remains reproduced with 15 U.S.C. § 78dd-1. DOJ and SEC guidance continues to explain that public-international-organization personnel fall within the foreign-official definition; the order does not confer broader treaty privileges or immunities.

Who had to do what

Agency / officeActionTiming / position
Justice DepartmentApply the designation in criminal FCPA investigations and enforcementIn covered conduct and cases
Securities and Exchange CommissionApply the designation in civil FCPA and issuer-accounting enforcementIn covered conduct and cases
Covered companies and personsTreat relevant EU and Europol personnel as public-international-organization officials for FCPA analysisOngoing

What happened next

EO 13259 signed.

EO 13259 made the EU and Europol designation.