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F.C.P.A. : Issuers :
(a) Prohibition
It shall be unlawful for any issuer which has
a class of securities registered pursuant to section 78l of this title
or which is required to file reports under section 78o(d) of this title,
or for any officer, director, employee, or agent of such issuer or any
stockholder thereof acting on behalf of such issuer, to make use of the
mails or any means or instrumentality of interstate commerce corruptly
in furtherance of an offer, payment, 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 foreign official for
purposes of :
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
B) inducing such foreign official to use his influence with a foreign
government or instrumentality thereof to affect or influence any act
or decision of such government or instrumentality,
in order to assist such issuer in obtaining or retaining business for
or with, or directing business to, any person;
- Any foreign political party
or official thereof or any candidate for foreign political office for
purposes of :
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,
B) inducing such party, official, or candidate to use its or his influence
with a foreign government or instrumentality thereof to affect or influence
any act or decision of such government or instrumentality.
in order to assist such issuer in obtaining or retaining business for
or with, or directing business to, any person; or
- Any person, while knowing
that all or a portion of such money or thing of value will be offered,
given, or promised, directly or indirectly, to any foreign official,
to any foreign political party or official thereof, or to any candidate
for foreign political office, for purposes of :
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
B) inducing such foreign official, political party, party official,
or candidate to use his or its influence with a foreign government or
instrumentality thereof to affect or influence any act or decision of
such government or instrumentality,
in order to assist such issuer in obtaining or retaining business for
or with, or directing business to, any person.
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