present enforcement policy with respect to the preceding provi- sions of this section to potential exporters and small businesses that are unable to obtain specialized counsel on issues pertaining to such provisions. Such guidance shall be limited to responses to requests under paragraph (1) concerning conformity of specified prospective conduct with the Department of Justice’s present enforcement policy regarding the preceding provisions of this section and general explana- tions of compliance responsibilities and of potential liabilities under
the preceding provisions of this section. (f) Definitions For purposes of this section:
(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 act- ing in an ofhcial 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 US.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.
2) (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 cer- tain 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 ofa high probability of the existence of such circumstance, unless
the person actually believes that such circumstance does not exist.
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 sched- uling 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
The Foreign Corrupt Practices Act
(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. (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 78/ of this title or which is required to file reports under section 780(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 this 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 corpo- ration, 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 com-
monwealth of the United States, or any political subdivision thereof.
15 US.C. § 78dd-2 Prohibited foreign trade practices by domestic
concerns (a) Prohibition
Tt shall be unlawful for any domestic concern, other than an issuer which is subject to section 78dd-1 of this title, or for any officer, direc- tor, employee, or agent of such domestic concern or any stockholder thereof acting on behalf of such domestic concern, to make use of
the mails or any means or instrumentality of interstate commerce
HOUSE_OVERSIGHT_022596