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b. Foreign Corrupt Practices Act Amendments of 1988 Partial text of Title V of Public Law 100-418 (Omnibus Trade and Competitiveness

Act of 1988; H. R. 4848), 102 Stat. 1107 at 1415, approved August 23, 1988 AN ACT To enhance the competitiveness of American industry, and for other

purposes.

SUBTITLE A-FOREIGN CORRUPT PRACTICES ACT AMENDMENTS;

REVIEW OF CERTAIN ACQUISITIONS

PART I-FOREIGN CORRUPT PRACTICES ACT AMENDMENTS

SEC. 5001. SHORT TITLE.

This part may be cited as the “Foreign Corrupt Practices Act Amendments of 1988”.

*

SEC. 5003. FOREIGN CORRUPT PRACTICES ACT AMENDMENTS.

(d) INTERNATIONAL AGREEMENT.

(1) NEGOTIATIONS.-It is the sense of the Congress that the President should pursue the negotiation of an international agreement, among the members of the Organization of Economic Cooperation and Development, to govern persons from those countries concerning acts prohibited with respect to issuers and domestic concerns by the amendments made by this section. Such international agreement should include a process by which problems and conflicts associated with such acts could be resolved.

(2) REPORT TO CONGRESS.—(A) Within 1 year after the date of the enactment of this Act, the President shall submit to the Congress a report on

(i) the progress of the negotiations referred to in paragraph (1),

(ii) those steps which the executive branch and the Congress should consider taking in the event that these negotiations do not successfully eliminate any competitive disadvantage of United States businesses that results when persons from other countries commit the acts described in paragraph (1); and

(iii) possible actions that could be taken to promote cooperation by other countries in international efforts to prevent bribery of foreign officials, candidates, or parties in

third countries. (B) The President shall include in the report submitted under subparagraph (A)

(i) any legislative recommendations necessary to give the President the authority to take appropriate action to carry out clauses (ii) and (iii) of subparagraph (A);

(ii) an analysis of the potential effect on the interests of the United States, including United States national security, when persons from other countries commit the acts described in paragraph (1); and

(iii) an assessment of the current and future role of pri

vate initiatives in curtailing such acts. PART II-REVIEW OF CERTAIN MERGERS, ACQUISITIONS, AND TAKEOVERS

NOTE.—Appendix I lists Public Laws included in Legislation on Foreign Relations Through 1989, arranged by Public Law number with corresponding short title or popular name.

APPENDIX I

Public Law No.

Short Title

101-246

Foreign Relations Authorization Act, Fiscal

Years 1990 and 1991 101-246 .............. PLO Commitments Compliance Act of 1989 (title

VIII) 101-243 ....... Urgent Assistance for Democracy in Panama

Act of 1990 101-240

International Development and Finance Act of

1989 101-240

Foreign Debt Reserving Act of 1989 (title IV) 101-233

North American Wetlands Conservation Act 101-231

International Narcotics Control Act of 1989 101-219

Implementation of Compact of Free Association

With Palau 101-216 ........ Arms Control and Disarmament Amendments

Act of 1989 101-215 ................ Survival Assistance for Victims of Civil Strife in

Central America 101-200

USIA Film Tribute to Mickey Leland 101-193

Intelligence Authorization Act, Fiscal Year 1990 101-189

National Defense Authorization Act for Fiscal

Years 1990 and 1991 101-186 .... Earth Day-Proclamation 101-179 ...... Support for East European Democracy (SEED)

Act of 1989 101-172 ....... Naval Landing Ship Dock to Brazil 101-167 ....... Foreign Operations, Export Financing, and Re

lated Programs Appropriations Act, 1990 101-165 ...... Department of Defense Appropriations Act, 1990 101-162 ....... Departments of Commerce, Justice, and State,

the Judiciary, and Related Agencies Appro

priations Act, 1990 101-161 ................. Rural Development, Agriculture, and Related

Agencies Appropriations Act, 1990 101-154 ...

Further Continuing Appropriations, Fiscal Year 1900

APPENDIX I-Continued

Public Law No.

Short Title

101-148 ....

101-142
101-139 .............
101-130 ....

101-122 101-119

101-113 101-107 101-100 101-83 101-69 101-65 101-64 101-63 101-62

101-55

101-45...

Military Construction Appropriations, Fiscal

Year 1990
National Arab-American Day
Geography Awareness Week
Fiscal Year 1990 Dire Emergency Supplemental

to Meet the Needs of Natural Disasters of

National Significance
National Hostage Awareness Day
Assistance for Free and Fair Elections in Nica-

ragua
World Food Day
German-American Day
Continuing Appropriations for Fiscal Year 1990
World War II Remembrance Week
Helsinki Human Rights Day
National POW/MIA Recognition Day
Polish American Heritage Month
Raoul Wallenberg Day
Implementing Agreement for Vienna Conven-

tion on Diplomatic Relations
National Day to Commemorate the Bastille Day

Bicentennial
Dire Emergency Supplemental Appropriations

and Transfers, Urgent Supplementals, and

Correcting Enrollment Errors Act of 1989
Excess Naval Ships to the Republic of the Phil-

ippines
Baltic Freedom Day
Jewish Heritage Week
Implementation of Bipartisan Accord in Central

America of March 24, 1989
National Former Prisoners of War Recognition

Day
Election Observer Mission for 1989 Presidential

Elections in Panama
Commendation for Tenth Anniversary of the

Treaty of Peace Between Israel and Egypt
Greek Independence Day: A National Day of

Celebration of Greek and American Democra

cy
International Narcotics Control Act of 1988 (title

IV)
National Aeronautics and Space Administration

Authorization Act, Fiscal Year 1989
U.S.-U.S.S.R. Fishing Agreement
Bangladesh Disaster Assistance Act of 1988
International Cooperation to Protect Biological

Diversity

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