Section was enacted as part of Pub. L. 95–213, the Foreign Corrupt Practices Act of 1977, and not as part of act June 6, 1934, ch. 404, 48 Stat. 881, the Securities Exchange Act of 1934, which comprises this chapter.

1998—Subsec. (a)(1)(A). Pub. L. 105–366, § 3(a)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows:

“(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”.

Subsec. (a)(2)(A). Pub. L. 105–366, § 3(a)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows:

“(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,”.

Subsec. (a)(3)(A). Pub. L. 105–366, § 3(a)(3), amended subpar. (A) generally. Prior to amendment, subpar. (A) 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, 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”.

Subsec. (b). Pub. L. 105–366, § 3(d)(2), substituted “Subsections (a) and (i)” for “Subsection (a)”.

Subsec. (c). Pub. L. 105–366, § 3(d)(3), substituted “subsection (a) or (i)” for “subsection (a)” in introductory provisions.

Subsec. (d)(1). Pub. L. 105–366, § 3(d)(4), substituted “subsection (a) or (i)” for “subsection (a)”.

Subsec. (g)(1). Pub. L. 105–366, § 3(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows:

“(1)(A) Any domestic concern that violates subsection (a) of this section shall be fined not more than $2,000,000.

“(B) Any domestic concern that violates subsection (a) 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.”

Subsec. (g)(2). Pub. L. 105–366, § 3(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows:

“(2)(A) Any officer or director of a domestic concern, or stockholder acting on behalf of such domestic concern, who willfully violates subsection (a) of this section shall be fined not more than $100,000, or imprisoned not more than 5 years, or both.

“(B) Any employee or agent of a domestic concern who is a United States citizen, national, or resident or is otherwise subject to the jurisdiction of the United States (other than an officer, director, or stockholder acting on behalf of such domestic concern), and who willfully violates subsection (a) of this section, shall be fined not more than $100,000, or imprisoned not more than 5 years, or both.

“(C) Any officer, director, employee, or agent of a domestic concern, or stockholder acting on behalf of such domestic concern, who violates subsection (a) 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.”

Subsec. (h)(2). Pub. L. 105–366, § 3(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The term ‘foreign official’ means any officer or employee of a foreign government or any department, agency, or instrumentality thereof, or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality.”

Subsec. (h)(4)(A). Pub. L. 105–366, § 3(e), substituted “The” for “For purposes of paragraph (1), the” in introductory provisions.

Subsec. (i). Pub. L. 105–366, § 3(d)(1), added subsec. (i).

1994—Subsec. (a)(3). Pub. L. 103–322 substituted “domestic concern” for “issuer” in closing provisions.

1988—Pub. L. 100–418 substituted “Prohibited foreign trade” for “Foreign corrupt” in section catchline and amended text generally, revising and restating as subsecs. (a) to (h) provisions of former subsecs. (a) to (d).