Page:United States Statutes at Large Volume 104 Part 4.djvu/403

 PUBLIC LAW 101-550 —NOV. 15, 1990 104 STAT. 2719 "(C) aided, abetted, counseled, commanded, induced, or procured the violation by any other person of any foreign statute or regulation regarding transactions in securities or contracts of sale of a commodity for future delivery traded on or subject to the rules of a contract market or any board of trade; "(5) within 10 years has been convicted by a foreign court of competent jurisdiction of a crime, however denominated by the laws of the relevant foreign government, that is substantially equivalent to an offense set forth in paragraph (1) of subsection (a); or "(6) by reason of any misconduct, is temporarily or permanently enjoined by any foreign court of competent jurisdiction from acting in any of the capacities, set forth in paragraph (2) of subsection (a), or a substantially equivalent foreign capacity, or from engaging in or continuing any conduct or practice in connection with any such activity or in connection with the purchase or sale of any security.". G)) INVESTMENT ADVISERS ACT OF 1940. —Section 203(e) of the Investment Advisers Act of 1940 (15 U.S.C. 80b -3(e)) is amended— (1) in paragraph (2) by inserting after "misdemeanor" the following: "or of a substantially equivalent crime by a foreign court of competent jurisdiction"; (2) in paragraph (2)(A), by inserting after "burglary," the following: "any substantially equivalent activity however denominated by the laws of the relevant foreign government,"; (3) in paragraphs (2)(B) and (3)— (A) by inserting after "transfer agent," the following: "foreign person performing a function substantially equivalent to any of the above,"; and (B) after "Commodity Exchange Act" each place it appears, the following: "or any substantially equivalent statute or regulation"; (4) in paragraph (2)(C), by inserting after "securities" the following: "or substantially equivalent activity however denominated by the laws of the relevant foreign government"; (5) in paragraph (2)(D) by inserting ^ter "United States Code" the following: ', or a violation of substantially equivalent foreign statute; (6) in paragraph (3)— (A) by inserting after "court of competent jurisdiction" the following: ", including any foreign court of competent jurisdiction,; and (B) by inserting after "insurance company," the following: "foreign entity substantially equivalent to any of the above,"; (7) in paragraph (5), by inserting after "this title," the following: "the Commodity Exchange Act,"; and (8) by inserting after paragraph (6) the following new paragraph: "(7) has been found by a foreign financial regulatory authority to have— "(A) made or caused to be made in any application for registration or report required to be filed with a foreign securities authority, or in any proceeding before a foreign securities authority with respect to registration, any statement that was at the time and in light of the circumstances

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