Page:United States Statutes at Large Volume 102 Part 2.djvu/415

This page needs to be proofread.
PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1419

"(3)(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 decisionmaking process to encourage a decision to award new business to or continue business with a particular party.". (b) VIOLATIONS.—Section 32(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78f0 is amended to read as follows: "(c)(l)(A) Any issuer that violates section 30A(a) shall be fined not more than $2,000,000. "(B) Any issuer that violates section 30A(a) shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Commission. "(2)(A) Any officer or director of an issuer, or stockholder acting on behalf of such issuer, who willfully violates section 30A(a) shall be fined not more than $100,000, or imprisoned not more than 5 years, or both. "(B) Any employee or agent of an issuer who is a United States citizen, national, or resident or is otherwise subject to the jurisdiction of the United States (other than an officer, director, or stockholder acting on behalf of such issuer), and who willfully violates section 30A(a), shall be fined not more than $100,000, or imprisoned not more than 5 years, or both. "(C) Any officer, director, employee, or agent of an issuer, or stockholder acting on behalf of such issuer, who violates section 30A(a) shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Commission. ' (3) Whenever a fine is imposed under paragraph (2) upon any officer, director, employee, agent, or stockholder of an issuer, such fine may not be paid, directly or indirectly, by such issuer.". (c) PROHIBITED TRADE PRACTICES BY DOMESTIC CONCERNS.—Section

104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2) is amended to read as follows: "PROHIBITED FOREIGN TRADE PRACTICES BY DOMESTIC CONCERNS

"SEC. 104. (a) PROHIBITION.—It shall be unlawful for any domestic Mail. concern, other than an issuer which is subject to section 30A of the ^^^^ ^"^ Securities Exchsuige Act of 1934, or for any officer, director, em- P'^oP®"^ ployee, or agent of such domestic concern or any stockholder thereof acting on behalf of such domestic concern, to make use of the mails