[Congressional Record Volume 141, Number 49 (Thursday, March 16, 1995)]
[Senate]
[Page S4112]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


               SENATE RESOLUTION 89--RELATIVE TO BRIBERY

  Mr. FEINGOLD submitted the following resolution; which was referred 
to the Committee on Foreign Relations:

                               S. Res. 89

       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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