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HOUSE_OVERSIGHT_022597

House Oversight Committee
insert_drive_file IMAGES-007-HOUSE_OVERSIGHT_022597.txt description DOCUMENT text_fields 919 words · 5.6k chars

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corruptly 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 domestic concern in obtaining or retaining business for or with,

or directing business to, any person; or

(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 candi- date in its or his official capacity, (ii) inducing such party, official, or can- didate 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 influ- ence 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 domestic concern in obtaining or retaining busi-

ness for or with, or directing business to, any person;

(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, politi- cal party, party official, or candidate in his or its official capacity, (ii) inducing such foreign official, political party, party official, or candi- date 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 domestic concern in obtaining or retaining business for or with, or directing

business to, any person. (b) Exception for routine governmental action

Subsections (a) and (i) of this section shall not apply to any facilitat-

ing or expediting payment to a foreign official, political party, or party

official the purpose of which is to expedite or to secure the perfor- mance of a routine governmental action by a foreign official, political

party, or party official. (c) Affirmative defenses

Tt shall be an affirmative defense to actions under subsection (a) or (i)

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 ser-

vices; or

B) the execution or performance of a contract with a foreign govern-

ment or agency thereof.

d) Injunctive relief

1) When it appears to the Attorney General that any domestic con- cern 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) or (i) 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 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 evi- dence 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

HOUSE_OVERSIGHT_022597