    [Public Papers of the Presidents of the United States: William J. Clinton (1998, Book I)]
    [May 1, 1998]
    [Page 664]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the Senate Transmitting the Convention on Combating Bribery
    of Foreign Public Officials in International Business Transactions
    May 1, 1998

    To the Senate of the United States:
        With a view to receiving the advice and consent of the Senate to
    ratification, I transmit herewith the Convention on Combating Bribery of
    Foreign Public Officials in International Business Transactions (the
    ``Convention''), adopted at Paris on November 21, 1997, by a conference
    held under the auspices of the Organization for Economic Cooperation and
    Development (OECD). The Convention was signed in Paris on December 17,
    1997, by the United States and 32 other nations.
        I transmit also, for the information of the Senate, interpretive
    Commentaries on the Convention, adopted by the negotiating conference in
    conjunction with the Convention, that are relevant to the Senate's
    consideration of the Convention. I transmit also, for the information of
    the Senate, the report of the Department of State with respect to the
    Convention.
        Since the enactment in 1977 of the Foreign Corrupt Practices Act
    (FCPA), the United States has been alone in specifically criminalizing
    the business-related bribery of foreign public officials. United States
    corporations have contended that this has put them at a significant
    disadvantage in competing for international contracts with respect to
    foreign competitors who are not subject to such laws. Consistent with
    the sense of the Congress, as expressed in the Omnibus Trade and
    Competitiveness Act of 1988, encouraging negotiation of an agreement
    within the OECD governing the type of behavior that is prohibited under
    the FCPA, the United States has worked assiduously within the OECD to
    persuade other countries to adopt similar legislation. Those efforts
    have resulted in this Convention that once in force, will require that
    the Parties enact laws to criminalize the bribery of foreign public
    officials to obtain or retain business or other improper advantage in
    the conduct of international business.
        While the Convention is largely consistent with existing U.S. law,
    my Administration will propose certain amendments to the FCPA to bring
    it into conformity with and to implement the Convention. Legislation
    will be submitted separately to the Congress.
        I recommend that the Senate give early and favorable consideration
    to the Convention, and that it give its advice and consent to
    ratification.

                                                          William J. Clinton

    The White House,

    May 1, 1998.