[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2375 Enrolled Bill (ENR)]

        S.2375

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
  To amend the Securities Exchange Act of 1934 and the Foreign Corrupt 
    Practices Act of 1977 to improve the competitiveness of American 
     business and promote foreign commerce, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Anti-Bribery and Fair 
Competition Act of 1998''.
SEC. 2. AMENDMENTS TO THE FOREIGN CORRUPT PRACTICES ACT GOVERNING 
ISSUERS.
    (a) Prohibited Conduct.--Section 30A(a) of the Securities Exchange 
Act of 1934 (15 U.S.C. 78dd-1(a)) is amended--
        (1) by amending subparagraph (A) of paragraph (1) to read as 
    follows:
            ``(A)(i) influencing any act or decision of such foreign 
        official in his official capacity, (ii) inducing such foreign 
        official to do or omit to do any act in violation of the lawful 
        duty of such official, or (iii) securing any improper 
        advantage; or'';
        (2) by amending subparagraph (A) of paragraph (2) to read as 
    follows:
            ``(A)(i) influencing any act or decision of such party, 
        official, or candidate in its or his official capacity, (ii) 
        inducing such party, official, or candidate to do or omit to do 
        an act in violation of the lawful duty of such party, official, 
        or candidate, or (iii) securing any improper advantage; or''; 
        and
        (3) by amending subparagraph (A) of paragraph (3) to read as 
    follows:
            ``(A)(i) influencing any act or decision of such foreign 
        official, political party, party official, or candidate in his 
        or its official capacity, (ii) inducing such foreign official, 
        political party, party official, or candidate to do or omit to 
        do any act in violation of the lawful duty of such foreign 
        official, political party, party official, or candidate, or 
        (iii) securing any improper advantage; or''.
    (b) Officials of International Organizations.--Paragraph (1) of 
section 30A(f) of the Securities Exchange Act of 1934 (15 U.S.C. 78dd-
1(f)(1)) is amended to read as follows:
        ``(1)(A) The term `foreign official' means any officer or 
    employee of a foreign government or any department, agency, or 
    instrumentality thereof, or of a public international organization, 
    or any person acting in an official capacity for or on behalf of 
    any such government or department, agency, or instrumentality, or 
    for or on behalf of any such public international organization.
        ``(B) For purposes of subparagraph (A), the term `public 
    international organization' means--
            ``(i) an organization that is designated by Executive order 
        pursuant to section 1 of the International Organizations 
        Immunities Act (22 U.S.C. 288); or
            ``(ii) any other international organization that is 
        designated by the President by Executive order for the purposes 
        of this section, effective as of the date of publication of 
        such order in the Federal Register.''.
    (c) Alternative Jurisdiction Over Acts Outside the United States.--
Section 30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd-1) 
is amended--
        (1) by adding at the end the following:
    ``(g) Alternative Jurisdiction.--
        ``(1) It shall also be unlawful for any issuer organized under 
    the laws of the United States, or a State, territory, possession, 
    or commonwealth of the United States or a political subdivision 
    thereof and which has a class of securities registered pursuant to 
    section 12 of this title or which is required to file reports under 
    section 15(d) of this title, or for any United States person that 
    is an officer, director, employee, or agent of such issuer or a 
    stockholder thereof acting on behalf of such issuer, to corruptly 
    do any act outside the United States in furtherance of an offer, 
    payment, promise to pay, or authorization of the payment of any 
    money, or offer, gift, promise to give, or authorization of the 
    giving of anything of value to any of the persons or entities set 
    forth in paragraphs (1), (2), and (3) of subsection (a) of this 
    section for the purposes set forth therein, irrespective of whether 
    such issuer or such officer, director, employee, agent, or 
    stockholder makes use of the mails or any means or instrumentality 
    of interstate commerce in furtherance of such offer, gift, payment, 
    promise, or authorization.
        ``(2) As used in this subsection, the term `United States 
    person' means a national of the United States (as defined in 
    section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) 
    or any corporation, partnership, association, joint-stock company, 
    business trust, unincorporated organization, or sole proprietorship 
    organized under the laws of the United States or any State, 
    territory, possession, or commonwealth of the United States, or any 
    political subdivision thereof.'';
        (2) in subsection (b), by striking ``Subsection (a)'' and 
    inserting ``Subsections (a) and (g)''; and
        (3) in subsection (c), by striking ``subsection (a)'' and 
    inserting ``subsection (a) or (g)''.
    (d) Penalties.--Section 32(c) of the Securities Exchange Act of 
1934 (15 U.S.C. 78ff(c)) is amended--
        (1) in paragraph (1)(A), by striking ``section 30A(a)'' and 
    inserting ``subsection (a) or (g) of section 30A'';
        (2) in paragraph (1)(B), by striking ``section 30A(a)'' and 
    inserting ``subsection (a) or (g) of section 30A''; and
        (3) by amending paragraph (2) to read as follows:
    ``(2)(A) Any officer, director, employee, or agent of an issuer, or 
stockholder acting on behalf of such issuer, who willfully violates 
subsection (a) or (g) of section 30A of this title shall be fined not 
more than $100,000, or imprisoned not more than 5 years, or both.
    ``(B) Any officer, director, employee, or agent of an issuer, or 
stockholder acting on behalf of such issuer, who violates subsection 
(a) or (g) of section 30A of this title shall be subject to a civil 
penalty of not more than $10,000 imposed in an action brought by the 
Commission.''.
SEC. 3. AMENDMENTS TO THE FOREIGN CORRUPT PRACTICES ACT GOVERNING 
DOMESTIC CONCERNS.
    (a) Prohibited Conduct.--Section 104(a) of the Foreign Corrupt 
Practices Act of 1977 (15 U.S.C. 78dd-2(a)) is amended--
        (1) by amending subparagraph (A) of paragraph (1) to read as 
    follows:
            ``(A)(i) influencing any act or decision of such foreign 
        official in his official capacity, (ii) inducing such foreign 
        official to do or omit to do any act in violation of the lawful 
        duty of such official, or (iii) securing any improper 
        advantage; or'';
        (2) by amending subparagraph (A) of paragraph (2) to read as 
    follows:
            ``(A)(i) influencing any act or decision of such party, 
        official, or candidate in its or his official capacity, (ii) 
        inducing such party, official, or candidate to do or omit to do 
        an act in violation of the lawful duty of such party, official, 
        or candidate, or (iii) securing any improper advantage; or''; 
        and
        (3) by amending subparagraph (A) of paragraph (3) to read as 
    follows:
            ``(A)(i) influencing any act or decision of such foreign 
        official, political party, party official, or candidate in his 
        or its official capacity, (ii) inducing such foreign official, 
        political party, party official, or candidate to do or omit to 
        do any act in violation of the lawful duty of such foreign 
        official, political party, party official, or candidate, or 
        (iii) securing any improper advantage; or''.
    (b) Penalties.--Section 104(g) of the Foreign Corrupt Practices Act 
of 1977 (15 U.S.C. 78dd-2(g)) is amended--
        (1) by amending subsection (g)(1) to read as follows:
    ``(g)(1)(A) Penalties.--Any domestic concern that is not a natural 
person and that violates subsection (a) or (i) of this section shall be 
fined not more than $2,000,000.
    ``(B) Any domestic concern that is not a natural person and that 
violates subsection (a) or (i) of this section shall be subject to a 
civil penalty of not more than $10,000 imposed in an action brought by 
the Attorney General.''; and
        (2) by amending paragraph (2) to read as follows:
    ``(2)(A) Any natural person that is an officer, director, employee, 
or agent of a domestic concern, or stockholder acting on behalf of such 
domestic concern, who willfully violates subsection (a) or (i) of this 
section shall be fined not more than $100,000 or imprisoned not more 
than 5 years, or both.
    ``(B) Any natural person that is an officer, director, employee, or 
agent of a domestic concern, or stockholder acting on behalf of such 
domestic concern, who violates subsection (a) or (i) of this section 
shall be subject to a civil penalty of not more than $10,000 imposed in 
an action brought by the Attorney General.''.
    (c) Officials of International Organizations.--Paragraph (2) of 
section 104(h) of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 
78dd-2(h)) is amended to read as follows:
        ``(2)(A) The term `foreign official' means any officer or 
    employee of a foreign government or any department, agency, or 
    instrumentality thereof, or of a public international organization, 
    or any person acting in an official capacity for or on behalf of 
    any such government or department, agency, or instrumentality, or 
    for or on behalf of any such public international organization.
        ``(B) For purposes of subparagraph (A), the term `public 
    international organization' means--
            ``(i) an organization that is designated by Executive order 
        pursuant to section 1 of the International Organizations 
        Immunities Act (22 U.S.C. 288); or
            ``(ii) any other international organization that is 
        designated by the President by Executive order for the purposes 
        of this section, effective as of the date of publication of 
        such order in the Federal Register.''.
    (d) Alternative Jurisdiction Over Acts Outside the United States.--
Section 104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 
78dd-2) is further amended--
        (1) by adding at the end the following:
    ``(i) Alternative Jurisdiction.--
        ``(1) It shall also be unlawful for any United States person to 
    corruptly do any act outside the United States in furtherance of an 
    offer, payment, promise to pay, or authorization of the payment of 
    any money, or offer, gift, promise to give, or authorization of the 
    giving of anything of value to any of the persons or entities set 
    forth in paragraphs (1), (2), and (3) of subsection (a), for the 
    purposes set forth therein, irrespective of whether such United 
    States person makes use of the mails or any means or 
    instrumentality of interstate commerce in furtherance of such 
    offer, gift, payment, promise, or authorization.
        ``(2) As used in this subsection, the term `United States 
    person' means a national of the United States (as defined in 
    section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) 
    or any corporation, partnership, association, joint-stock company, 
    business trust, unincorporated organization, or sole proprietorship 
    organized under the laws of the United States or any State, 
    territory, possession, or commonwealth of the United States, or any 
    political subdivision thereof.'';
        (2) in subsection (b), by striking ``Subsection (a)'' and 
    inserting ``Subsections (a) and (i)'';
        (3) in subsection (c), by striking ``subsection (a)'' and 
    inserting ``subsection (a) or (i)''; and
        (4) in subsection (d)(1), by striking ``subsection (a)'' and 
    inserting ``subsection (a) or (i)''.
    (e) Technical Amendment.--Section 104(h)(4)(A) of the Foreign 
Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2(h)(4)(A)) is amended by 
striking ``For purposes of paragraph (1), the'' and inserting ``The''.
SEC. 4. AMENDMENTS TO THE FOREIGN CORRUPT PRACTICES ACT GOVERNING OTHER 
PERSONS.
    Title I of the Foreign Corrupt Practices Act of 1977 is amended by 
inserting after section 104 (15 U.S.C. 78dd-2) the following new 
section:
``SEC. 104A. PROHIBITED FOREIGN TRADE PRACTICES BY PERSONS OTHER THAN 
ISSUERS OR DOMESTIC CONCERNS.
    ``(a) Prohibition.--It shall be unlawful for any person other than 
an issuer that is subject to section 30A of the Securities Exchange Act 
of 1934 or a domestic concern (as defined in section 104 of this Act), 
or for any officer, director, employee, or agent of such person or any 
stockholder thereof acting on behalf of such person, while in the 
territory of the United States, corruptly to make use of the mails or 
any means or instrumentality of interstate commerce or to do any other 
act in furtherance of an offer, payment, promise to pay, or 
authorization of the payment of any money, or offer, gift, promise to 
give, or authorization of the giving of anything of value to--
        ``(1) any foreign official for purposes of--
            ``(A)(i) influencing any act or decision of such foreign 
        official in his official capacity, (ii) inducing such foreign 
        official to do or omit to do any act in violation of the lawful 
        duty of such official, or (iii) securing any improper 
        advantage; or
            ``(B) inducing such foreign official to use his influence 
        with a foreign government or instrumentality thereof to affect 
        or influence any act or decision of such government or 
        instrumentality,
    in order to assist such person in obtaining or retaining business 
    for or with, or directing business to, any person;
        ``(2) any foreign political party or official thereof or any 
    candidate for foreign political office for purposes of--
            ``(A)(i) influencing any act or decision of such party, 
        official, or candidate in its or his official capacity, (ii) 
        inducing such party, official, or candidate to do or omit to do 
        an act in violation of the lawful duty of such party, official, 
        or candidate, or (iii) securing any improper advantage; or
            ``(B) inducing such party, official, or candidate to use 
        its or his influence with a foreign government or 
        instrumentality thereof to affect or influence any act or 
        decision of such government or instrumentality,
    in order to assist such person in obtaining or retaining business 
    for or with, or directing business to, any person; or
        ``(3) any person, while knowing that all or a portion of such 
    money or thing of value will be offered, given, or promised, 
    directly or indirectly, to any foreign official, to any foreign 
    political party or official thereof, or to any candidate for 
    foreign political office, for purposes of--
            ``(A)(i) influencing any act or decision of such foreign 
        official, political party, party official, or candidate in his 
        or its official capacity, (ii) inducing such foreign official, 
        political party, party official, or candidate to do or omit to 
        do any act in violation of the lawful duty of such foreign 
        official, political party, party official, or candidate, or 
        (iii) securing any improper advantage; or
            ``(B) inducing such foreign official, political party, 
        party official, or candidate to use his or its influence with a 
        foreign government or instrumentality thereof to affect or 
        influence any act or decision of such government or 
        instrumentality,
    in order to assist such person in obtaining or retaining business 
    for or with, or directing business to, any person.
    ``(b) Exception for Routine Governmental Action.--Subsection (a) of 
this section shall not apply to any facilitating or expediting payment 
to a foreign official, political party, or party official the purpose 
of which is to expedite or to secure the performance of a routine 
governmental action by a foreign official, political party, or party 
official.
    ``(c) Affirmative Defenses.--It shall be an affirmative defense to 
actions under subsection (a) of this section that--
        ``(1) the payment, gift, offer, or promise of anything of value 
    that was made, was lawful under the written laws and regulations of 
    the foreign official's, political party's, party official's, or 
    candidate's country; or
        ``(2) the payment, gift, offer, or promise of anything of value 
    that was made, was a reasonable and bona fide expenditure, such as 
    travel and lodging expenses, incurred by or on behalf of a foreign 
    official, party, party official, or candidate and was directly 
    related to--
            ``(A) the promotion, demonstration, or explanation of 
        products or services; or
            ``(B) the execution or performance of a contract with a 
        foreign government or agency thereof.
    ``(d) Injunctive Relief.--
        ``(1) When it appears to the Attorney General that any person 
    to which this section applies, or officer, director, employee, 
    agent, or stockholder thereof, is engaged, or about to engage, in 
    any act or practice constituting a violation of subsection (a) of 
    this section, the Attorney General may, in his discretion, bring a 
    civil action in an appropriate district court of the United States 
    to enjoin such act or practice, and upon a proper showing, a 
    permanent injunction or a temporary restraining order shall be 
    granted without bond.
        ``(2) For the purpose of any civil investigation which, in the 
    opinion of the Attorney General, is necessary and proper to enforce 
    this section, the Attorney General or his designee are empowered to 
    administer oaths and affirmations, subpoena witnesses, take 
    evidence, and require the production of any books, papers, or other 
    documents which the Attorney General deems relevant or material to 
    such investigation. The attendance of witnesses and the production 
    of documentary evidence may be required from any place in the 
    United States, or any territory, possession, or commonwealth of the 
    United States, at any designated place of hearing.
        ``(3) In case of contumacy by, or refusal to obey a subpoena 
    issued to, any person, the Attorney General may invoke the aid of 
    any court of the United States within the jurisdiction of which 
    such investigation or proceeding is carried on, or where such 
    person resides or carries on business, in requiring the attendance 
    and testimony of witnesses and the production of books, papers, or 
    other documents. Any such court may issue an order requiring such 
    person to appear before the Attorney General or his designee, there 
    to produce records, if so ordered, or to give testimony touching 
    the matter under investigation. Any failure to obey such order of 
    the court may be punished by such court as a contempt thereof.
        ``(4) All process in any such case may be served in the 
    judicial district in which such person resides or may be found. The 
    Attorney General may make such rules relating to civil 
    investigations as may be necessary or appropriate to implement the 
    provisions of this subsection.
    ``(e) Penalties.--
        ``(1)(A) Any juridical person that violates subsection (a) of 
    this section shall be fined not more than $2,000,000.
        ``(B) Any juridical person that violates subsection (a) of this 
    section shall be subject to a civil penalty of not more than 
    $10,000 imposed in an action brought by the Attorney General.
        ``(2)(A) Any natural person who willfully violates subsection 
    (a) of this section shall be fined not more than $100,000 or 
    imprisoned not more than 5 years, or both.
        ``(B) Any natural person who violates subsection (a) of this 
    section shall be subject to a civil penalty of not more than 
    $10,000 imposed in an action brought by the Attorney General.
        ``(3) Whenever a fine is imposed under paragraph (2) upon any 
    officer, director, employee, agent, or stockholder of a person, 
    such fine may not be paid, directly or indirectly, by such person.
    ``(f) Definitions.--For purposes of this section:
        ``(1) The term `person', when referring to an offender, means 
    any natural person other than a national of the United States (as 
    defined in section 101 of the Immigration and Nationality Act (8 
    U.S.C. 1101) or any corporation, partnership, association, joint-
    stock company, business trust, unincorporated organization, or sole 
    proprietorship organized under the law of a foreign nation or a 
    political subdivision thereof.
        ``(2)(A) The term `foreign official' means any officer or 
    employee of a foreign government or any department, agency, or 
    instrumentality thereof, or of a public international organization, 
    or any person acting in an official capacity for or on behalf of 
    any such government or department, agency, or instrumentality, or 
    for or on behalf of any such public international organization.
        ``(B) For purposes of subparagraph (A), the term `public 
    international organization' means--
            ``(i) an organization that is designated by Executive order 
        pursuant to section 1 of the International Organizations 
        Immunities Act (22 U.S.C. 288); or
            ``(ii) any other international organization that is 
        designated by the President by Executive order for the purposes 
        of this section, effective as of the date of publication of 
        such order in the Federal Register.
        ``(3)(A) A person's state of mind is knowing, with respect to 
    conduct, a circumstance or a result if--
            ``(i) such person is aware that such person is engaging in 
        such conduct, that such circumstance exists, or that such 
        result is substantially certain to occur; or
            ``(ii) such person has a firm belief that such circumstance 
        exists or that such result is substantially certain to occur.
        ``(B) When knowledge of the existence of a particular 
    circumstance is required for an offense, such knowledge is 
    established if a person is aware of a high probability of the 
    existence of such circumstance, unless the person actually believes 
    that such circumstance does not exist.
        ``(4)(A) The term `routine governmental action' means only an 
    action which is ordinarily and commonly performed by a foreign 
    official in--
            ``(i) obtaining permits, licenses, or other official 
        documents to qualify a person to do business in a foreign 
        country;
            ``(ii) processing governmental papers, such as visas and 
        work orders;
            ``(iii) providing police protection, mail pick-up and 
        delivery, or scheduling inspections associated with contract 
        performance or inspections related to transit of goods across 
        country;
            ``(iv) providing phone service, power and water supply, 
        loading and unloading cargo, or protecting perishable products 
        or commodities from deterioration; or
            ``(v) actions of a similar nature.
        ``(B) The term `routine governmental action' does not include 
    any decision by a foreign official whether, or on what terms, to 
    award new business to or to continue business with a particular 
    party, or any action taken by a foreign official involved in the 
    decision-making process to encourage a decision to award new 
    business to or continue business with a particular party.
        ``(5) The term `interstate commerce' means trade, commerce, 
    transportation, or communication among the several States, or 
    between any foreign country and any State or between any State and 
    any place or ship outside thereof, and such term includes the 
    intrastate use of--
            ``(A) a telephone or other interstate means of 
        communication, or
            ``(B) any other interstate instrumentality.''.
SEC. 5. TREATMENT OF INTERNATIONAL ORGANIZATIONS PROVIDING COMMERCIAL 
COMMUNICATIONS SERVICES.
    (a) Definition.--For purposes of this section:
        (1) International organization providing commercial 
    communications services.--The term ``international organization 
    providing commercial communications services'' means--
            (A) the International Telecommunications Satellite 
        Organization established pursuant to the Agreement Relating to 
        the International Telecommunications Satellite Organization; 
        and
            (B) the International Mobile Satellite Organization 
        established pursuant to the Convention on the International 
        Maritime Satellite Organization.
        (2) Pro-competitive privatization.--The term ``pro-competitive 
    privatization'' means a privatization that the President determines 
    to be consistent with the United States policy of obtaining full 
    and open competition to such organizations (or their successors), 
    and nondiscriminatory market access, in the provision of satellite 
    services.
    (b) Treatment as Public International Organizations.--
        (1) Treatment.--An international organization providing 
    commercial communications services shall be treated as a public 
    international organization for purposes of section 30A of the 
    Securities Exchange Act of 1934 (15 U.S.C. 78dd-1) and sections 104 
    and 104A of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 
    78dd-2) until such time as the President certifies to the Committee 
    on Commerce of the House of Representatives and the Committees on 
    Banking, Housing and Urban Affairs and Commerce, Science, and 
    Transportation that such international organization providing 
    commercial communications services has achieved a pro-competitive 
    privatization.
        (2) Limitation on effect of treatment.--The requirement for a 
    certification under paragraph (1), and any certification made under 
    such paragraph, shall not be construed to affect the administration 
    by the Federal Communications Commission of the Communications Act 
    of 1934 in authorizing the provision of services to, from, or 
    within the United States over space segment of the international 
    satellite organizations, or the privatized affiliates or successors 
    thereof.
    (c) Extension of Legal Process.--
        (1) In general.--Except as required by international agreements 
    to which the United States is a party, an international 
    organization providing commercial communications services, its 
    officials and employees, and its records shall not be accorded 
    immunity from suit or legal process for any act or omission taken 
    in connection with such organization's capacity as a provider, 
    directly or indirectly, of commercial telecommunications services 
    to, from, or within the United States.
        (2) No effect on personal liability.--Paragraph (1) shall not 
    affect any immunity from personal liability of any individual who 
    is an official or employee of an international organization 
    providing commercial communications services.
        (3) Effective date.--This subsection shall take effect on May 
    1, 1999.
    (d) Elimination or Limitation of Exceptions.--
        (1) Action required.--The President shall, in a manner that is 
    consistent with requirements in international agreements to which 
    the United States is a party, expeditiously take all appropriate 
    actions necessary to eliminate or to reduce substantially all 
    privileges and immunities that are accorded to an international 
    organization described in subparagraph (A) or (B) of subsection 
    (a)(1), its officials, its employees, or its records, and that are 
    not eliminated pursuant to subsection (c).
        (2) Designation of agreements.--The President shall designate 
    which agreements constitute international agreements to which the 
    United States is a party for purposes of this section.
    (e) Preservation of Law Enforcement and Intelligence Functions.--
Nothing in subsection (c) or (d) of this section shall affect any 
immunity from suit or legal process of an international organization 
providing commercial communications services, or the privatized 
affiliates or successors thereof, for acts or omissions--
        (1) under chapter 119, 121, 206, or 601 of title 18, United 
    States Code, the Foreign Intelligence Surveillance Act of 1978 (50 
    U.S.C. 1801 et seq.), section 514 of the Comprehensive Drug Abuse 
    Prevention and Control Act of 1970 (21 U.S.C. 884), or Rule 104, 
    501, or 608 of the Federal Rules of Evidence;
        (2) under similar State laws providing protection to service 
    providers cooperating with law enforcement agencies pursuant to 
    State electronic surveillance or evidence laws, rules, regulations, 
    or procedures; or
        (3) pursuant to a court order.
    (f) Rules of Construction.--
        (1) Negotiations.--Nothing in this section shall affect the 
    President's existing constitutional authority regarding the time, 
    scope, and objectives of international negotiations.
        (2) Privatization.--Nothing in this section shall be construed 
    as legislative authorization for the privatization of INTELSAT or 
    Inmarsat, nor to increase the President's authority with respect to 
    negotiations concerning such privatization.

SEC. 6. ENFORCEMENT AND MONITORING.

    (a) Reports Required.--Not later than July 1 of 1999 and each of 
the 5 succeeding years, the Secretary of Commerce shall submit to the 
House of Representatives and the Senate a report that contains the 
following information with respect to implementation of the Convention:
        (1) Ratification.--A list of the countries that have ratified 
    the Convention, the dates of ratification by such countries, and 
    the entry into force for each such country.
        (2) Domestic legislation.--A description of domestic laws 
    enacted by each party to the Convention that implement commitments 
    under the Convention, and assessment of the compatibility of such 
    laws with the Convention.
        (3) Enforcement.--As assessment of the measures taken by each 
    party to the Convention during the previous year to fulfill its 
    obligations under the Convention and achieve its object and purpose 
    including--
            (A) an assessment of the enforcement of the domestic laws 
        described in paragraph (2);
            (B) an assessment of the efforts by each such party to 
        promote public awareness of such domestic laws and the 
        achievement of such object and purpose; and
            (C) an assessment of the effectiveness, transparency, and 
        viability of the monitoring process for the Convention, 
        including its inclusion of input from the private sector and 
        nongovernmental organizations.
        (4) Laws prohibiting tax deduction of bribes.--An explanation 
    of the domestic laws enacted by each party to the Convention that 
    would prohibit the deduction of bribes in the computation of 
    domestic taxes.
        (5) New signatories.--A description of efforts to expand 
    international participation in the Convention by adding new 
    signatories to the Convention and by assuring that all countries 
    which are or become members of the Organization for Economic 
    Cooperation and Development are also parties to the Convention.
        (6) Subsequent efforts.--An assessment of the status of efforts 
    to strengthen the Convention by extending the prohibitions 
    contained in the Convention to cover bribes to political parties, 
    party officials, and candidates for political office.
        (7) Advantages.--Advantages, in terms of immunities, market 
    access, or otherwise, in the countries or regions served by the 
    organizations described in section 5(a), the reason for such 
    advantages, and an assessment of progress toward fulfilling the 
    policy described in that section.
        (8) Bribery and transparency.--An assessment of anti-bribery 
    programs and transparency with respect to each of the international 
    organizations covered by this Act.
        (9) Private sector review.--A description of the steps taken to 
    ensure full involvement of United States private sector 
    participants and representatives of nongovernmental organizations 
    in the monitoring and implementation of the Convention.
        (10) Additional information.--In consultation with the private 
    sector participants and representatives of nongovernmental 
    organizations described in paragraph (9), a list of additional 
    means for enlarging the scope of the Convention and otherwise 
    increasing its effectiveness. Such additional means shall include, 
    but not be limited to, improved recordkeeping provisions and the 
    desirability of expanding the applicability of the Convention to 
    additional individuals and organizations and the impact on United 
    States business of section 30A of the Securities Exchange Act of 
    1934 and sections 104 and 104A of the Foreign Corrupt Practices Act 
    of 1977.
    (b) Definition.--For purposes of this section, the term 
``Convention'' means the Convention on Combating Bribery of Foreign 
Public Officials in International Business Transactions adopted on 
November 21, 1997, and signed on December 17, 1997, by the United 
States and 32 other nations.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.