[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 89 Introduced in Senate (IS)]
104th CONGRESS
1st Session
S. RES. 89
Regarding bribery in international business transactions and the
discrimination against United States exports that results from such
bribery.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 16, 1995
Mr. Feingold submitted the following resolution; which was referred to
the Committee on Foreign Relations
_______________________________________________________________________
RESOLUTION
Regarding bribery in international business transactions and the
discrimination against United States exports that results from such
bribery.
Whereas a stable and predictable international business environment is necessary
to advance economic development worldwide;
Whereas corrupt practices such as bribery and illicit payments distort the
international business environment and sabotage fairness and
competitiveness in international export markets, particularly for small-
and medium-sized businesses;
Whereas corrupt practices weaken foreign assistance programs and other
transactions for the benefit of the general population by increasing the
risk of the improper use of funds from such assistance and increasing
the cost of providing such assistance;
Whereas bribery in international business, investment, and trade is ethically
and politically unacceptable;
Whereas United States nationals and companies, and their foreign subsidiaries,
are prohibited from bribing foreign officials under the Foreign Corrupt
Practices Act of 1977 (Public Law 95-213);
Whereas United States trade competitors and nationals of other industrialized
countries are not prohibited by law from utilizing bribes in retaining
or obtaining foreign procurement contracts;
Whereas some countries permit a deduction for income tax purposes for bribes
paid to secure foreign business;
Whereas ineffective enforcement or absence of anti-bribery laws in many
countries serves to discriminate against United States nationals and
businesses in competition for procurement contracts abroad since the
payment of bribes by foreign companies is often the decisive factor in
the award of such contracts;
Whereas nations that engage in international trade have the responsibility of
combating bribery and corruption, even if their own citizens may be
subject to penalties therefor;
Whereas the failure of any nation to punish bribery undermines efforts in the
international market to combat corrupt practices;
Whereas effective anticorruption statutes include criminal, commercial, civil,
and administrative laws prohibiting bribery of foreign public officials,
tax laws which make bribery unprofitable, transparent business
accounting requirements that ensure proper recording of relevant
payments and appropriate inspection of such records, prohibitions on
licenses, government procurement contracts, and public subsidies, and
substantial monetary fines for bribery;
Whereas an improvement in international activities to combat bribery would
result from cooperation between countries in investigations into
bribery, including the sharing of information, the expediting of
requests for extradition, and the entry into mutual agreements and
arrangements to combat bribery;
Whereas the implementation of regulations to combat bribery and corruption by
international organizations and international financial institutions
would enhance efforts to combat bribery;
Whereas the United Nations Commission of Transnational Corporations concluded in
1991 that international action is needed to combat the problem of bribes
and other illicit payments in international business transactions;
Whereas the Organization for Economic Cooperation and Development passed a
resolution on May 27, 1994, recommending that OECD Member states
``deter, prevent, and combat the bribery of foreign public officials in
connection with international business transactions'';
Whereas the Clinton administration has actively pursued antibribery initiatives
in the interest of free and fair international trade; and
Whereas these initiatives will help strengthen vibrant international trade and
export markets and ensure fair competitive conditions for United States
exporters: Now, therefore, be it
Resolved, That it is the sense of the Senate that--
(1) the Clinton administration is commended for its efforts
in encouraging integrity in international business transactions
among our trading partners and competitors, and the United
States Trade Representative, the Secretary of Commerce, and the
Secretary of State should continue to raise the need for such
integrity with other industrialized nations at every possible
venue;
(2) the United States should strongly urge universal
adoption of the principles set forth in the Foreign Corrupt
Practices Act of 1977 (Public Law 95-213) in order that
adopting countries implement effective means, in accordance
with the legal and jurisdictional principles of such countries,
of combating bribery of foreign public officials, including the
imposition administrative, civil, and criminal sanctions for
such bribery; and
(3) the United States Government should enter into
negotiations in order to establish regulations for
international financial institutions and international
organizations that prohibit bribery of foreign public officials
and impose sanctions for such bribery.
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