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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 private 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

Short Title

Public Law No.

101-246................... Foreign Relations Authorization Act, Fiscal

101-246........

101-243.

Years 1990 and 1991

PLO Commitments Compliance Act of 1989 (title
VIII)

Urgent Assistance for Democracy in Panama
Act of 1990

101-240................... International Development and Finance Act of

101-240.

101-233

101-231

101-219

101-216................

101-215

101-200 .....

101-193

101-189

101-186.....

101-179....

101-172 .......

101-167.....

101-165......

101-162

101-161 ...............

101-154

1989

Foreign Debt Reserving Act of 1989 (title IV)
North American Wetlands Conservation Act
International Narcotics Control Act of 1989
Implementation of Compact of Free Association
With Palau

Arms Control and Disarmament Amendments
Act of 1989

Survival Assistance for Victims of Civil Strife in
Central America

USIA Film Tribute to Mickey Leland

Intelligence Authorization Act, Fiscal Year 1990
National Defense Authorization Act for Fiscal
Years 1990 and 1991

Earth Day-Proclamation

Support for East European Democracy (SEED)
Act of 1989

Naval Landing Ship Dock to Brazil

Foreign Operations, Export Financing, and Re-
lated Programs Appropriations Act, 1990
Department of Defense Appropriations Act, 1990
Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appro-
priations Act, 1990

Rural Development, Agriculture, and Related
Agencies Appropriations Act, 1990

....... Further Continuing Appropriations, Fiscal Year

1900

Public Law No.

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 ................

101-44.............

101-39

101-25 ...........

101-14...........

101-13...........

101-9.....

101-8.....

101-3..............

100-690 ........

APPENDIX I—Continued

Short Title

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

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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)

100-685..................... National Aeronautics and Space Administration

100-629

100-576

100-530.

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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