Page:United States Statutes at Large Volume 102 Part 2.djvu/411

 PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1415

and Forestry and the Committee on Labor and Human Resources of the Senate and the House of Representatives.

TITLE V—FOREIGN CORRUPT PRACTICES AMENDMENTS; INVESTMENT; AND TECHNOLOGY Subtitle A—Foreign Corrupt Practices Act Amendments; Review of Certain Acquisitions PART I—FOREIGN CORRUPT PRACTICES ACT

Foreign corrupt X rd-cricss A.CL

AMENDMENTS SEC. 5001. SHORT TITLE.

Amendments of 1988. ^^ USC 78a note.

This part may be cited as the "Foreign Corrupt Practices Act Amendments of 1988". SEC. 5002. PENALTIES FOR VIOLATIONS OF ACCOUNTING STANDARDS.

Section 13(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(b)) is amended by adding at the end thereof the following: "(4) No criminal liability shall be imposed for failing to comply with the requirements of paragraph (2) of this subsection except as provided in paragraph (5) of ihis subsection. "(5) No person shall knowingly circumvent or knowingly fail to implement a system of internal accounting controls or knowingly falsify any book, record, or account described in paragraph (2). "(6) Where an issuer which has a class of securities registered pursuant to section 12 of this title or an issuer which is required to file reports pursuant to section 15(d) of this title holds 50 per centum or less of the voting power with respect to a domestic or foreign firm, the provisions of paragraph (2) require only that the issuer proceed in good faith to use its influence, to the extent reasonable under the issuer's circumstances, to cause such domestic or foreign firm to devise and maintain a system of internal accounting controls consistent with paragraph (2). Such circumstances include the relative degree of the issuer's ownership of the domestic or foreign firm and the laws and practices governing the business operations of the country in which such firm is located. An issuer which demonstrates good faith efforts to use such influence shall be conclusively presumed to have complied with the requirements of paragraph (2). "(7) For the purpose of paragraph (2) of this subsection, the terms •reasonable assurances' and 'reasonable detail' mean such level of detail and degree of assurance as would satisfy prudent officials in the conduct of their own affairs.". SEC. 5003. FOREIGN CORRUPT PRACTICES ACT AMENDMENTS.

(a) PROHIBITED TRADE PRACTICES BY ISSUERS. —Section 30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd-l) is amended to read as follows: "PROHIBITED FOREIGN TRADE PRACTICES BY ISSUERS

"SEC. 30A. (a) PROHIBITION.—It shall be unlawful for any issuer Mail. which has a class of securities registered pursuant to section 12 of ^^^^ ^^^ property.

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