[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.
                                 <all>