Page:United States Statutes at Large Volume 112 Part 5.djvu/546

 112 STAT. 3304 PUBLIC LAW 105-366—NOV. 10, 1998 "(2)(A) Any officer, director, employee, or agent of an issuer, or stockholder acting on behalf of such issuer, who willfully violates subsection (a) or (g) of section 30A of this title shall be fined not more than $100,000, or imprisoned not more than 5 years, or both. "(B) Any officer, director, employee, or agent of an issuer, or stockholder acting on behalf of such issuer, who violates subsection (a) or (g) of section 30A of this title shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Commission.". SEC. 3. AMENDMENTS TO THE FOREIGN CORRUPT PRACTICES ACT GOVERNING DOMESTIC CONCERNS. (a) PROHIBITED CONDUCT.— Section 104(a) of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd -2(a)) is amended— (1) by amending subparagraph (A) of paragraph (1) to read as follows: "(A)(i) influencing any act or decision of such foreign official in his official capacity, (ii) inducing such foreign official to do or omit to do any act in violation of the lawful duty of such official, or (iii) securing any improper advantage; or"; (2) by amending subparagraph (A) of paragraph (2) to read as follows: "(A)(i) influencing any act or decision of such party, official, or candidate in its or his official capacity, (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, or (iii) securing any improper advantage; or"; and (3) by amending subparagraph (A) of paragraph (3) to read as follows: "(A)(i) influencing any act or decision of such foreign official, political party, party official, or candidate in his or its official capacity, (ii) inducing such foreign official, political party, party official, or candidate to do or omit to do any act in violation of the lawfial duty of such foreign official, political party, party official, or candidate, or (iii) securing any improper advantage; or". (b) PENALTIES.— Section 104(g) of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd -2(g)) is amended— (1) by amending subsection (g)(1) to read as follows: "(g)(1)(A) PENALTIES.— Any domestic concern that is not a natural person and that violates subsection (a) or (i) of this section shall be fined not more than $2,000,000. "(B) Any domestic concern that is not a natural person and that violates subsection (a) or (i) of this section shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Attorney General."; and (2) by amending paragraph (2) to read as follows: "(2)(A) Any natural person that is an officer, director, employee, or agent of a domestic concern, or stockholder acting on behalf of such domestic concern, who willfully violates subsection (a) or (i) of this section shall be fined not more than $100,000 or imprisoned not more than 5 years, or both. "(B) Any natural person that is an officer, director, employee, or agent of a domestic concern, or stockholder acting on behalf

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