Page:United States Statutes at Large Volume 102 Part 2.djvu/416

 102 STAT. 1420

PUBLIC LAW 100-418—AUG. 23, 1988

or any means or instrumentality of interstate commerce curruptly in furtherance of an 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 an)i;hing 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, or (ii) inducing such foreign official to do or omit to do any act in violation of the lawful duty of such official, 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 domestic concern 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 candidate in its or his official capacity, or (ii) inducing such party, official, or candidate to do or omit to do an act in violation of the lawful duty of such party, official, or candidate, "(B) inducing such party, official, or candidate to use its or 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 domestic concern 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 ofGcial, to any foreign political party or official thereof, or to any candidate for foreign political office, for purposes of— "(A)(i) influencing any act or decision of such foreign official, political party, party official, or candidate in his or its officud capacity, or (ii) inducing such foreign official, political party, party official, or candidate 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 "(B) inducing such foreign ofKcial, political party, party official, or candidate to use his or its 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 issuer in obtaining or retaining business for or with, or directing business to, any person. "(b) EXCEPTION FOR ROUTINE GOVERNMENTAL ACTION.—Subsection

(a) shall not apply to any facilitating or expediting payment to a foreign ofifidal, political party, or party official 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.—It shall be an affirmative defense to actions under subsection (a) that— "(1) the payment, gift, offer, or promise of anything of value that was made, was lai^ul under the written laws and r^ulations of the foreign <rf!icial's, political party's, party official s, or candidate's country; or

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