Page:United States Statutes at Large Volume 102 Part 2.djvu/420

 102 STAT. 1424

PUBLIC LAW 100-418—AUG. 23, 1988 ''(i) such person is aware that such person is engaging in such conduct, that such circumstauice exists, or that such result is substantially certain to occur; or "(ii) such person has a firm belief that such circumstance exists or that such result is substantially certain to occur. "(B) When knowledge of the existence of a particular circumstance is required for an offense, such knowledge is established if a person is aware of a high probability of the existence of such circumstance, unless the person actually believes that such circumstance does not exist. "(4)(A) For purposes of paragraph (1), the term 'routine governmental action' means only an action which is ordinarily and conunonly performed by a foreign official in— "(i) obtaining permits, licenses, or other official documents to qualify a person to do business in a foreign country; "(ii) processing governmental papers, such as visas and work orders; "(iii) providing police protection, mail pick-up and delivery, or schedulii^ inspections associated with contract peiformance or inspections related to transit of goods across country; "(iv) providing phone service, power and water supply, loading and unloading cargo, or protecting perishable products or commodities from deterioration; or "(v) actions of a similar nature. "(B) The term 'routine governmental action' does not include any decision by a foreign official whether, or on what terms, to award new business to or to continue business with a particiliar party, or any action taken by a foreign official involved in the decision-making process to encourage a decision to award new business to or continue business with a particular party. "(5) The term 'interstate conmierce' means trade, commerce, transportation, or communication among the several States, or between any foreign country and any State or between any State and any place or ship outside thereof, and such term includes the intrastate use of— "(A) a telephone or other interstate means of conmiunication, or "(B) any other interstate instrumentality.".

15 USC 78dd-l note.

(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

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