Page:United States Statutes at Large Volume 112 Part 5.djvu/545

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PUBLIC LAW 105-366—NOV. 10, 1998 112 STAT. 3303 or instrumentality thereof, or of a public international organization, or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality, or for or on behalf of any such public international organization. "(B) For purposes of subparagraph (A), the term 'public international organization' means— "(i) em organization that is designated by Executive order pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288); or "(ii) any other international organization that is designated by the President by Executive order for the purposes of this section, effective as of the date of publication of such order in the Federal Register.". (c) ALTERNATIVE JURISDICTION OVER ACTS OUTSIDE THE UNITED STATES. —Section 30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd -l) is amended— (1) by adding at the end the following: "(g) ALTERNATIVE JURISDICTION.— "(1) It shall also be unlawful for any issuer organized under the laws of the United States, or a State, territory, possession, or commonwealth of the United States or a political subdivision thereof and which has a class of securities registered pursuant to section 12 of this title or which is required to file reports under section 15(d) of this title, or for any United States person that is an officer, director, employee, or agent of such issuer or a stockholder thereof acting on behalf of such issuer, to corruptly do any act outside the United States in furtherance of an offer, pa5anent, promise to pay, or authorization of the payment of any money, or offer, gift, promise to give, or authorization of the giving of anything of value to any of the persons or entities set forth in paragraphs (1), (2), and (3) of subsection (a) of this section for the purposes set forth therein, irrespective of whether such issuer or such officer, director, employee, agent, or stockholder makes use of the mails or any means or instrumentality of interstate commerce in furtherance of such offer, gift, pa3anent, promise, or authorization. "(2) As used in this subsection, the term 'United States person' means a national of the United States (as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) or any corporation, partnership, association, joint-stock company, business trust, unincorporated organization, or sole proprietorship organized under the laws of the United States or any State, territory, possession, or commonwealth of the United States, or any political subdivision thereof."; (2) in subsection (b), by striking "Subsection (a)" and inserting "Subsections (a) and (g)"; and (3) in subsection (c), by striking "subsection (a)" and inserting "subsection (a) or (g)". (d) PENALTIES. — Section 32(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78fKc)) is amended— (1) in paragraph (1)(A), by striking "section 30A(a)" and inserting "subsection (a) or (g) of section 30A"; (2) in paragraph (1)(B), by striking "section 30A(a)" and inserting "subsection (a) or (g) of section 30A"; and (3) by amending paragraph (2) to read as follows: 59-194O-98 - 18:QL3Part6