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(B) Any domestic concern that is not a natural person and that vio- lates subsection (a) or (i) of this section shall be subject to a civil pen- alty of not more than $10,000 imposed in an action brought by the Attorney General.
(2)(A) Any natural person that is an 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 imprisoned 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 of such domes- tic 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.
(3) Whenever a fine is imposed under paragraph (2) upon any officer, director, employee, agent, or stockholder of a domestic concern, such
fine may not be paid, directly or indirectly, by such domestic concern. (h) Definitions
For purposes of this section:
(1) The term “domestic concern” means—
(A) any individual who is a citizen, national, or resident of the United
States; and
(B) any corporation, partnership, association, joint-stock company, business trust, unincorporated organization, or sole proprietorship which has its principal place of business in the United States, or which is organized under the laws of a State of the United States or a terri-
tory, possession, or commonwealth of the United States.
(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 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 has been designated by Executive order pursu- ant 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.
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 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 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 ofhcial 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
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, transpor- tation, 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 intrastate use of — A) atelephone or other interstate means of communication, or
B) any other interstate instrumentality.
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, pay- ment, promise to pay, or authorization of the payment of any money, or offer, gift, promise to give, or authorization of the giving of any- thing 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, irrespective of whether such United States person makes use of the mails or any means or instrumentality of interstate commerce in fur-
therance of such offer, gift, payment, promise, or authorization.
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