[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,

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This Act may be cited as the ``International Anti-Bribery and Fair
Competition Act of 1998''.

cbfdd40548a19c6c7e7f1fb239337707bbbd5b3e2b773038f19a2d0b20d5d8ad

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.''.

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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''.

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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.''.

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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.

768a42bd554224e9ff914093a5628414134b5b5c2688f9bf712595f52490a053

(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.

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International Anti-Bribery Act of 1998 — S. 2375

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