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,

SECTION 1. SHORT TITLE.

    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, 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.''.
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 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''.
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 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.''.
SEC. 5. TREATMENT 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 (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.

SEC. 6. ENFORCEMENT AND MONITORING.

    (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.