Text: S.2375 — 105th Congress (1997-1998)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 105-366 (11/10/1998)

 
[105th Congress Public Law 366]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ366.105]


[[Page 3301]]

       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):
---------------------------------------------------------------------------

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.

                                  <all>