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Describe the two-factor test articulated in U.S. v. Esquenazi for determining whether a business organization is an instrumentality of a foreign government such that its

  1. Describe the two-factor test articulated in U.S. v. Esquenazi for determining whether a business organization is an "instrumentality" of a foreign government such that its employees are "foreign officials" under the FCPA. Does the so-called Esquenazi test provide clarity as to the "foreign official" element or make it more fuzzy?

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