(2) As used in this subsection, a “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-3 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 78dd-1 [Section 30A of the Exchange Act] of this title or a domestic concern, or for any officer, director, employee, or agent of such person or any stockholder thereof acting on behalf of such per- son, 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 ofan 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 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 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 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 —
The Foreign Corrupt Practices Act
(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 offcial, 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 can- didate to use his or its influence with a foreign government or instru- mentality thereof to affect or influence any act or decision of such gov- ernment 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
Subsection (a) of this section shall not apply to any facilitating or expediting payment to a foreign official, political party, or party ofh- cial the purpose of which is to expedite or to secure the performance 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) 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 person to which this section applies, or officer, director, employee, agent, or stock
holder thereof, is engaged, or about to engage, in any act or practice
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