Union Calendar No. 449
105TH CONGRESS
2D SESSION
H. R. 4353
[Report No. 105–802]
A BILL
To amend the Securities Exchange Act of 1934 and
the Foreign Corrupt Practices Act of 1977 to im-
prove the competitiveness of American business
and promote foreign commerce, and for other
purposes.
OCTOBER 8, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 449
105TH CONGRESS
2D SESSION
H. R. 4353
[Report No. 105–802]
To amend the Securities Exchange Act of 1934 and the Foreign Corrupt
Practices Act of 1977 to improve the competitiveness of American busi-
ness and promote foreign commerce, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 30, 1998
Mr. BLILEY (for himself and Mr. OXLEY) introduced the following bill; which
was referred to the Committee on Commerce
OCTOBER 8, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 30, 1998]
A BILL
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 for-
eign commerce, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘International Anti-Brib-
ery and Fair Competition Act of 1998’’.
SEC. 2. AMENDMENTS TO THE FOREIGN CORRUPT PRAC-
TICES ACT GOVERNING ISSUERS.
(a) PROHIBITED CONDUCT.—Section 30A(a) of the Se-
curities 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 advan-
tage; 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 of-
ficial capacity, (ii) inducing such party, official,
or candidate to do or omit to do an act in viola-
tion of the lawful duty of such party, official, or
candidate, or (iii) securing any improper advan-
tage; 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 offi-
cial, 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 offi-
cial, or candidate, or (iii) securing any im-
proper 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 of-
ficer or employee of a foreign government or any de-
partment, agency, or instrumentality thereof, or of a
public international organization, or any person act-
ing in an official capacity for or on behalf of any
such government or department, agency, or instru-
mentality, 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 Ex-
change 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 or-
ganized 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 re-
ports under section 15(d) of this title, or for any
United States person that is an officer, director, em-
ployee, 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, em-
ployee, agent, or stockholder makes use of the mails
or any means or instrumentality of interstate com-
merce 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, busi-
ness trust, unincorporated organization, or sole pro-
prietorship organized under the laws of the United
States or any State, territory, possession, or common-
wealth of the United States, or any political subdivi-
sion 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 Ex-
change 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 sec-
tion 30A’’;
(2) in paragraph (1)(B), by striking ‘‘section
30A(a)’’ and inserting ‘‘subsection (a) or (g) of sec-
tion 30A’’; and
(3) by amending paragraph (2) to read as fol-
lows:
‘‘(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 im-
posed in an action brought by the Commission.’’.
SEC. 3. AMENDMENTS TO THE FOREIGN CORRUPT PRAC-
TICES 
ACT 
GOVERNING 
DOMESTIC 
CON-
CERNS.
(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 advan-
tage; 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 of-
ficial capacity, (ii) inducing such party, official,
or candidate to do or omit to do an act in viola-
tion of the lawful duty of such party, official, or
candidate, or (iii) securing any improper advan-
tage; 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 offi-
cial, 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 offi-
cial, or candidate, or (iii) securing any im-
proper advantage; or’’.
(b) PENALTIES.—Section 104(g) of the Foreign Cor-
rupt Practices Act of 1977 (15 U.S.C. 78dd–2(g)) is amend-
ed—
(1) by amending subsection (g)(1) to read as fol-
lows:
‘‘(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 per-
son 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 fol-
lows:
SEC. 4. AMENDMENTS TO THE FOREIGN CORRUPT PRAC-
TICES 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 DOMES-
TIC CONCERNS.
‘‘(a) PROHIBITION.—It shall be unlawful for any per-
son 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 stock-
holder 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 com-
merce 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 authoriza-
tion 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 advan-
tage; or
‘‘(B) inducing such foreign official to use
his influence with a foreign government or in-
strumentality thereof to affect or influence any
act or decision of such government or instrumen-
tality,
in order to assist such person in obtaining or retain-
ing business for or with, or directing business to, any
person;
‘‘(2) any foreign political party or official there-
of 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 of-
ficial capacity, (ii) inducing such party, official,
or candidate to do or omit to do an act in viola-
tion of the lawful duty of such party, official, or
candidate, or (iii) securing any improper advan-
tage; or
‘‘(B) inducing such party, official, or can-
didate to use its or his influence with a foreign
government or instrumentality thereof to affect
or influence any act or decision of such govern-
ment or instrumentality,
in order to assist such person in obtaining or retain-
ing 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 of-
fered, given, or promised, directly or indirectly, to
any foreign official, to any foreign political party or
official thereof, or to any candidate for foreign politi-
cal office, for purposes of—
‘‘(A)(i) influencing any act or decision of
such foreign official, political party, party offi-
cial, 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 offi-
cial, or candidate, or (iii) securing any im-
proper advantage; or
‘‘(B) inducing such foreign official, political
party, party official, or candidate to use his or
its influence with a foreign government or in-
strumentality thereof to affect or influence any
act or decision of such government or instrumen-
tality,
in order to assist such person in obtaining or retain-
ing business for or with, or directing business to, any
person.
‘‘(b) EXCEPTION FOR ROUTINE GOVERNMENTAL AC-
TION.—Subsection (a) of this section shall not apply to any
facilitating or expediting payment to a foreign official, po-
litical party, or party official the purpose of which is to
expedite or to secure the performance of a routine govern-
mental action by a foreign official, political party, or party
official.
‘‘(c) AFFIRMATIVE DEFENSES.—It shall be an affirma-
tive defense to actions under subsection (a) of this section
that—
‘‘(1) the payment, gift, offer, or promise of any-
thing 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 coun-
try; or
‘‘(2) the payment, gift, offer, or promise of any-
thing of value that was made, was a reasonable and
bona fide expenditure, such as travel and lodging ex-
penses, incurred by or on behalf of a foreign official,
party, party official, or candidate and was directly
related to—
‘‘(A) the promotion, demonstration, or ex-
planation of products or services; or
‘‘(B) the execution or performance of a con-
tract with a foreign government or agency there-
of.
‘‘(d) INJUNCTIVE RELIEF.—
‘‘(1) When it appears to the Attorney General
that any person to which this section applies, or offi-
cer, 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 sec-
tion, 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 nec-
essary and proper to enforce this section, the Attorney
General or his designee are empowered to administer
oaths and affirmations, subpoena witnesses, take evi-
dence, and require the production of any books, pa-
pers, or other documents which the Attorney General
deems relevant or material to such investigation. The
attendance of witnesses and the production of docu-
mentary evidence may be required from any place in
the United States, or any territory, possession, or
commonwealth of the United States, at any des-
ignated place of hearing.
‘‘(3) In case of contumacy by, or refusal to obey
a subpoena issued to, any person, the Attorney Gen-
eral may invoke the aid of any court of the United
States within the jurisdiction of which such investiga-
tion or proceeding is carried on, or where such person
resides or carries on business, in requiring the attend-
ance 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 sub-
section (a) of this section shall be fined not more than
$2,000,000.
‘‘(B) Any juridical person that violates sub-
section (a) of this section shall be subject to a civil
penalty of not more than $10,000 imposed in an ac-
tion brought by the Attorney General.
‘‘(2)(A) Any natural person who willfully vio-
lates 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 para-
graph (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 of-
fender, means any natural person other than a na-
tional 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 of-
ficer or employee of a foreign government or any de-
partment, agency, or instrumentality thereof, or of a
public international organization, or any person act-
ing in an official capacity for or on behalf of any
such government or department, agency, or instru-
mentality, 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 cir-
cumstance exists, or that such result is substan-
tially certain to occur; or
‘‘(ii) such person has a firm belief that such
circumstance exists or that such result is sub-
stantially certain to occur.
‘‘(B) When knowledge of the existence of a par-
ticular 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, un-
less the person actually believes that such cir-
cumstance does not exist.
‘‘(4)(A) The term ‘routine governmental action’
means only an action which is ordinarily and com-
monly performed by a foreign official in—
‘‘(i) obtaining permits, licenses, or other of-
ficial documents to qualify a person to do busi-
ness 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 inspec-
tions 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 con-
tinue 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 intra-
state 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 Orga-
nization established pursuant to the Convention
on the International Maritime Satellite Organi-
zation.
(2) 
PRO-COMPETITIVE
PRIVATIZATION.—The
term ‘‘pro-competitive privatization’’ means a privat-
ization that the President determines to be consistent
with the United States policy of obtaining full and
open competition to such organizations (or their suc-
cessors), and nondiscriminatory market access, in the
provision of satellite services.
(b) TREATMENT AS PUBLIC INTERNATIONAL ORGANI-
ZATIONS.—
(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 organiza-
tion 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 para-
graph, shall not be construed to affect the administra-
tion 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 specifically and ex-
pressly required by mandatory obligations in inter-
national agreements to which the United States is a
party, an international organization providing com-
mercial communications services, its officials and em-
ployees, and its records shall not be accorded immu-
nity 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.—Para-
graph (1) shall not affect any immunity from per-
sonal liability of any individual who is an official or
employee of an international organization providing
commercial communications services.
(d) ELIMINATION OR LIMITATION OF EXCEPTIONS.—
The President and the Federal Communications Commis-
sion shall, in a manner that is consistent with specific and
express requirements in mandatory obligations in inter-
national agreements to which the United States is a
party—
(1) expeditiously take all actions necessary to
eliminate or to limit substantially any privileges or
immunities accorded to an international organization
providing commercial communications services, its of-
ficials, its employees, or its records from suit or legal
process for any act or omission taken in connection
with such organization’s capacity as a provider, di-
rectly or indirectly, of commercial telecommuni-
cations services to, from, or within the United States,
that are not eliminated by subsection (c);
(2) expeditiously take all appropriate actions
necessary to eliminate or to reduce substantially all
privileges and immunities not eliminated pursuant to
paragraph (1); and
(3) report to the Committee on Commerce of the
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate on
any remaining privileges and immunities of an inter-
national organization providing commercial commu-
nications services within 90 days of the effective date
of this act and semiannually thereafter.
(e) PRESERVATION OF LAW ENFORCEMENT AND IN-
TELLIGENCE FUNCTIONS.—Nothing in subsection (c) or (d)
of this section shall affect any immunity from suit or legal
process of an international organization providing commer-
cial communications services, or the privatized affiliates or
successors thereof, for acts or omissions—
(1) under chapters 119, 121, 206, or 601 of title
18, United States Code, the Foreign Intelligence Sur-
veillance 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 Rules 104,
501, or 608 of the Federal Rules of Evidence;
(2) under similar State laws providing protec-
tion to service providers cooperating with law enforce-
ment agencies pursuant to State electronic surveil-
lance or evidence laws, rules, regulations, or proce-
dures; or
(3) pursuant to a court order.
(f) RULES OF CONSTRUCTION.—
(1) NEGOTIATIONS.—Nothing in this section
shall affect the President’s existing constitutional au-
thority 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 in-
crease the President’s authority with respect to nego-
tiations 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 Committee on Commerce of
the House of Representatives and the Committee on Bank-
ing, Housing, and Urban Affairs of the Senate a report that
contains the following information with respect to imple-
mentation 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 Conven-
tion that implement commitments under the Conven-
tion, and assessment of the compatibility of such laws
with the Convention.
(3) ENFORCEMENT.—As assessment of the meas-
ures taken by each party to the Convention during the
previous year to fulfill its obligations under the Con-
vention and achieve its object and purpose includ-
ing—
(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 do-
mestic laws and the achievement of such object
and purpose; and
(C) an assessment of the effectiveness, trans-
parency, and viability of the monitoring process
for the Convention, including its inclusion of
input from the private sector and non-govern-
mental organizations.
(4) LAWS
PROHIBITING
TAX
DEDUCTION
OF
BRIBES.—An explanation of the domestic laws en-
acted 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 Conven-
tion by adding new signatories to the Convention and
by assuring that all countries which are or become
members of the Organization for Economic Coopera-
tion and Development are also parties to the Conven-
tion.
(6) SUBSEQUENT EFFORTS.—An assessment of
the status of efforts to strengthen the Convention by
extending the prohibitions contained in the Conven-
tion to cover bribes to political parties, party offi-
cials, and candidates for political office.
(7) ADVANTAGES.—Advantages, in terms of im-
munities, 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 de-
scribed in that section.
(8) BRIBERY AND TRANSPARENCY.—An assess-
ment of anti-bribery programs and transparency with
respect to each of the international organizations cov-
ered by this Act.
(b) DEFINITION.—For purposes of this section, the
term ‘‘Convention’’ means the Convention on Combating
Bribery of Foreign Public Officials in International Busi-
ness Transactions adopted on November 21, 1997, and
signed on December 17, 1997, by the United States and 32
other nations.