[105th Congress Public Law 366]
[From the U.S. Government Printing Office]
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[DOCID: f:publ366.105]
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INTERNATIONAL ANTI-BRIBERY AND FAIR COMPETITION ACT OF 1998
[[Page 112 STAT. 3302]]
Public Law 105-366
105th Congress
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. <<NOTE: Nov. 10, 1998 - [S. 2375]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: International
Anti-Bribery and Fair Competition Act of 1998.>>
SECTION 1. SHORT TITLE. <<NOTE: 15 USC 78a note.>>
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,
[[Page 112 STAT. 3303]]
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:
[[Page 112 STAT. 3304]]
``(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
[[Page 112 STAT. 3305]]
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''.
[[Page 112 STAT. 3306]]
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 <<NOTE: 15 USC 78dd-3.>> 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
[[Page 112 STAT. 3307]]
``(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
[[Page 112 STAT. 3308]]
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
[[Page 112 STAT. 3309]]
``(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 <<NOTE: President. 15 USC 78dd-1 note.>> 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
[[Page 112 STAT. 3310]]
(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--
[[Page 112 STAT. 3311]]
(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. <<NOTE: 15 USC 78dd-1 note.>>
(a) Reports Required.--Not <<NOTE: Deadline.>> 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 <<NOTE: Records.>> 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
[[Page 112 STAT. 3312]]
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 <<NOTE: Records.>> 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.
Approved November 10, 1998.
LEGISLATIVE HISTORY--S. 2375 (H.R. 4353):
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HOUSE REPORTS: No. 105-802 accompanying H.R. 4353 (Comm. on Commerce).
SENATE REPORTS: No. 105-277 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 144 (1998):
July 31, considered and passed Senate.
Oct. 9, considered and passed House, amended, in lieu of
H.R. 4353.
Oct. 14, Senate concurred in House amendment with
amendments.
Oct. 20, House concurred in a Senate amendment with an
amendment and disagreed with other amendments.
Oct. 21, Senate receded from certain amendments and
concurred in another.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
Nov. 10, Presidential statement.
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