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Effective measures shall be taken to provide that the proceeds of bribery of a foreign official or property corresponding to the value of the proceeds may be subject to seizure.

Paragraph 4 of Article 3 states that each Party may consider imposing additional civil or administrative sanctions upon a person for bribing a foreign public official.

Specifically, the investigation and prosecution of the bribery of a foreign public official shall not be influenced by considerations of national economic interest, the potential effect upon relations with another country, or the identity of the natural or legal persons involved. Article 6 requires Parties to apply a statute of limitations to the offense of bribery of a foreign public official that permits for an adequate amount of time to investigate and prosecute.

A public function includes any activity in the public interest delegated by a foreign country.105-43] The Committee on Foreign Relations, to which was referred the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, adopted at Paris on November 21, 1997, by a conference held under the auspices of the Organization for Economic Cooperation and Development (OECD), signed in Paris on December 17, 1997, by the United States and 32 other nations, having considered the same, reports favorably thereon with one understanding, one declaration and three provisos, and recommends that the Senate give its advice and consent to the ratification thereof as set forth in this report and the accompanying resolution of ratification. Purpose..........................................................1 II. Background.......................................................2 III. Summary..........................................................2 IV. Entry Into Force and Termination.................................7 V. Committee Action.................................................7 VI. Committee Comments...............................................8 VII. Explanation of Proposed Convention..............................14 VIII. Text of the Resolution of Ratification..........................14 IX.Appendix........................................................19 I. Purpose The primary purpose of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (``Convention'') is to require Parties to the Convention to criminalize bribery of foreign public officials in order to obtain or retain business or other improper advantage in the conduct of international business. Background On November 21, 1997, negotiators from thirty-three countries (the twenty-eight Organization for Economic Cooperation and Development (``OECD'') member states plus Argentina, Brazil, Bulgaria, Chile and Slovakia) signed the Convention at the OECD in Paris.At the urging of the United States, the OECD adopted in 1994 a Recommendation on Combating Bribery in International Business Transactions, and in 1996 adopted a Recommendation on the Tax Deductibility of Bribes of Foreign Public Officials.A Revised Recommendation on Combating Bribery in International Business Transactions was approved at a May 1997 meeting of OECD Ministers.

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