Red Lake Nation News - Babaamaajimowinan (Telling of news in different places)

Federal Criminal Enforcement & Tribal Nations


February 12, 2020

As “domestic dependent nations” that “retain sovereign powers,” Tribal Nations have limited sovereignty in relation to the federal government.[1] The Constitution’s Commerce Clause lists “Indian Tribes” separately from the several states and foreign nations, but this “government-to-government” approach presents numerous sovereignty concerns with significant implications for federal criminal enforcement.

Tribal Nations, and those doing business with them, should be aware of Federal Programs Bribery, the Travel Act, and even, potentially, the Foreign Corrupt Practices Act (FCPA). Five important takeaways about these statutes are listed below.


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