International Anti-Bribery and Fair Competition Act of 1998
PL 105-366 (S.2375), enacted 11/10/1998

112 STAT. 3302 
PUBLIC LAW 105-366—NOV. 10, 1998 
Public Law 105-366 
105th Congress 
An Act 
N 
in iQQft 
'^° amend the Securities Exchange Act of 1934 and the Foreign Corrupt Practices 
JNov. lu, lat^o 
^^^ Q^ 1977 to improve the competitiveness of American business and promote 
[S. 2375] 
foreign commerce, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
International 
the United States of America in Congress assembled, 
Anti-Bribery and 
Fair Competition 
SECTION 1. SHORT TITLE. 
Act of 1998 
15 use 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-l(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) induc-
ing 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 advsmtage; 
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, psirty 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-l(f)(l)) 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, 
PUBLIC LAW 105-366—NOV. 10, 1998 
112 STAT. 3303 
or instrumentality thereof, or of a public international organiza-
tion, 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 inter-
national organization. 
"(B) For purposes of subparagraph (A), the term 'public 
international organization' means— 
"(i) em organization that is designated by Executive 
order pursuant to section 1 of the International Organiza-
tions Immunities Act (22 U.S.C. 288); or 
"(ii) any other international organization that is des-
ignated by the President by Executive order for the pur-
poses 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-l) 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 reg-
istered 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, pa5anent, 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, pa3anent, 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 insert-
ing "Subsections (a) and (g)"; and 
(3) in subsection (c), by striking "subsection (a)" and insert-
ing "subsection (a) or (g)". 
(d) PENALTIES.—Section 32(c) of the Securities Exchange Act 
of 1934 (15 U.S.C. 78fKc)) 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"; £ind 
(3) by amending paragraph (2) to read as follows: 
59-194 O - 98 - 18: QL 3 Part 6 
112 STAT. 3304 
PUBLIC LAW 105-366—NOV. 10, 1998 
"(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 sub-
section (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 Cor-
rupt 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) induc-
ing 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"; £ind 
(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 lawfial duty of such foreign 
official, political party, party official, or csmdidate, 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 natu-
ral 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 £in 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 impris-
oned 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 
PUBLIC LAW 105-366—NOV. 10, 1998 
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 organiza-
tion, 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 inter-
national 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 Organiza-
tions Immunities Act (22 U.S.C. 288); or 
"(ii) any other international organization that is des-
ignated by the President by Executive order for the pur-
poses 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, irrespec-
tive 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 insert-
ing "Subsections (a) smd (i)"; 
(3) in subsection (c), by striking "subsection (a)" and insert-
ing "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 For-
eign 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". 
112 STAT. 3306 
PUBLIC LAW 105-366—NOV. 10, 1998 
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: 
15 use 78dd-3. 
"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 pa3mient of any money, 
or offer, gift, promise to give, or authorization of the giving of 
an3rthing of value to— 
"(1) any foreign official for purposes o
f
— 
"(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) induc-
ing 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 instrumen-
tality 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 
PUBLIC LAW 105-366—NOV. 10, 1998 
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.—Sub-
section (a) of this section shall not apply to any facilitating or 
expediting pajnnent to a foreign official, political party, or party 
official the purpose of which is to expedite or to secure the perform-
ance 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 pajrment, 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 offi-
cial's, or c£indidate's country; or 
"(2) the payment, gift, offer, or promise of anything of 
value that was made, was a reasonable and bona fide expendi-
ture, 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 he 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 relevEint or material to such investigation. The attend-
ance 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 
112 STAT. 3308 
PUBLIC LAW 105-366—NOV. 10, 1998 
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 thein $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 £m.y corporation, partnership, association, 
joint-stock company, business trust, unincorporated organiza-
tion, 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 orgsiniza-
tion, 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 inter-
national org£inization. 
"(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 Organiza-
tions Immunities Act (22 U.S.C. 288); or 
"(ii) any other international organization that is des-
ignated by the President by Executive order for the pur-
poses 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 
PUBLIC LAW 105-366—NOV. 10, 1998 
112 STAT. 3309 
"(ii) such person has a firm beHef that such cir-
cumstance exists or that such result is substantially certain 
to occur. 
"(B) When knowledge of the existence of a particular cir-
cumstance is required for an offense, such knowledge is estab-
lished 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 docu-
ments 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 deliv-
ery, 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 prod-
ucts 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 
£iny State and £iny place or ship outside thereof, and such 
term includes the intrastate use o
f
— 
"(A) a telephone or other interstate means of commu-
nication, or 
"(B) any other interstate instrumentality.". 
SEC. 5. TREATMENT OF INTERNATIONAL ORGANIZATIONS PROVIDING President. 
COMMERCIAL COMMUNICATIONS SERVICES. 
15 USC 78dd-l 
(a) DEFINITION.—For purposes of this section: 
(1) INTERNATIONAL ORGANIZATION PROVIDING COMMERCIAL 
COMMUNICATIONS SERVICES.—^The term "international organiza-
tion providing commercial communications services" means— 
(A) the International Telecommunications Satellite 
Organization established pursuant to the Agreement Relat-
ing to the International Telecommxuiications Satellite 
Organization; and 
(B) the International Mobile Satellite Organization 
established pursuant to the Convention on the Inter-
national Maritime Satellite Organization. 
(2) PRO-COMPETITIVE PRIVATIZATION.—The term 
"pro-
competitive privatization" means a privatization that the Presi-
dent determines to be consistent with the United States policy 
of obtaining full and open competition to such organizations 
note. 
112 STAT. 3310 
PUBLIC LAW 105-366—NOV. 10, 1998 
(or their successors), and nondiscriminatory market access, in 
the provision of satelhte 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-l) 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 inter-
national organization providing commercial communications 
services has achieved a pro-competitive privatization. 
(2) LIMITATION ON EFFECT OF TREATMENT.—The require-
ment for a certification under paragraph (1), and any certifi-
cation 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 agree-
ments 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 telecommuni-
cations 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 agree-
ments 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 
(0. 
(2) DESIGNATION OF AGREEMENTS.—The President shall des-
ignate 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 fi-om suit or legal process of an international 
organization providing commercial communications services, or the 
privatized affiliates or successors thereof, for acts or omissions— 
PUBLIC LAW 105-366—NOV. 10, 1998 
112 STAT. 3311 
(1) under chapter 119, 121, 206, or 601 of title 18, United 
States Code, the Foreign Intelhgence 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, regula-
tions, 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 con-
strued as legislative authorization for the privatization of 
INTELSAT or Inmarsat, nor to increase the President's author-
ity 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 implementa-
tion 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 Conven-
tion. 
(6) SUBSEQUENT EFFORTS.—^An assessment of the status 
of efforts to strengthen the Convention by extending the 
15 use 78dd-l 
note. 
Deadline. 
Records. 
112 STAT. 3312 
PUBLIC LAW 105-366—NOV. 10, 1998 
Records. 
prohibitions contained in the Convention to cover bribes to 
poUtical parties, party officials, and candidates for poHtical 
office. 
(7) ADVANTAGES.—Advantages, in terms of immunities, 
market access, or otherwise, in the countries or regions served 
by the organizations descrilsed in section 5(a), the reason for 
such advantages, and an assessment of progress toward fulfill-
ing 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 organiza-
tions in the monitoring and implementation of the Convention. 
(10) ADDITIONAL INFORMATION.—In consultation with the 
private sector participants and representatives of nongovern-
mental organizations described in paragraph (9), a list of addi-
tional 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 For-
eign 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. 
L E G I S L A T I V E H I S T O R Y — S . 2375 (H.R. 4353): 
HOUSE REPORTS: No. 105-802 accompanying H.R. 4353 (Comm. on Commerce). 
S E N A T E REPORTS: No. 105-277 (Comm. on Banking, Housing, and Urban Af-
fairs). 
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.