The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“INTERNATIONAL ANTI-BRIBERY ACT OF 1998” mentioning the U.S. Dept. of Commerce was published in the Extensions of Remarks section on pages E2285-E2286 on Oct. 21, 1998.
The publication is reproduced in full below:
INTERNATIONAL ANTI-BRIBERY ACT OF 1998
______
speech of
HON. EDWARD J. MARKEY
of massachusetts
in the house of representatives
Wednesday, October 14, 1998
Mr. MARKEY. Mr. Speaker, S. 2375, the ``International Antibribery and Fair Competition Act of 1998'' is important legislation for this Congress to approve and for the President to sign. I am an original cosponsor of the House companion to this measure and fully support the bill we are approving today.
International bribery and corruption continue to be problems worldwide and the Administration has done excellent work in gaining consensus among a large number of nations to crack down on these corrupt practices. The Commerce Department has stated that it has learned of significant allegations of bribery by foreign firms since 1994 totalling over $100 billion. Taking action today to update the Foreign Corrupt Practices Act (FCPA) in concert with action to be taken by our major trading partners, is designed to achieve an international marketplace of greater integrity and fairness.
Most of the provisions of this bill are identical to the provisions which passed the House a few weeks ago. Much time has been spent over the last few days to nail down provisions that are integral to any legislation hoping to pass muster as a comprehensive antibribery and fair competition measure. The legislation we are sending back over to the Senate takes modest steps toward a more equitable marketplace environment for international satellite telecommunications. The simple fact is that INTELSAT and Inmarsat are intergovernmental organizations that compete in the marketplace against private U.S. companies. This is unfair. Everyone recognizes that this must change. Even the U.S. signatory to these organizations--COMSAT--realizes that this situation has to change. No entity in the global marketplace ought to enjoy special privileges when competing against private American companies. American jobs and innovation are at stake.
It is not surprising that intergovernmental organizations will do everything they can to perpetuate their current existence. It is also not surprising that monopolies and dominant providers will do everything they can to squash the competition. That is why it is often incumbent upon policymakers to act to curtail anticompetitive activity.
In the international arena, American companies are trying to gain market access and win markets while intergovernmental organizations are trying everything in their power to slow down American competitors, using intergovernmental privileges and hiding anticompetitive action against American companies behind the cloak of special immunity granted ages ago. This has to end. What this legislation provides is a modest step to level the proverbial playing field. No marketplace participant ought to be immune from the legal parameters of the marketplace, no intergovernmental organization ought to compete against the private sector in delivering service to consumers.
The bill before us contains provisions to address the special advantages of the intergovernmental satellite organizations and to ensure that they do not improperly escape coverage by the FCPA. Thus the legislation is designed to make clear that bribery of intergovernmental organizations does not escape the coverage of the FCPA.
It also contains provisions to remove the special advantages of such organizations. The legislation stipulates that international organizations providing commercial communications services shall not be accorded immunity from suit or legal process in connection with their role as a provider, directly or indirectly, of commercial telecommunications services to, from, or within the U.S. I believe this is an important step forward and one which recognizes that American companies should not suffer competitive disadvantages due to privileges and immunities enjoyed by intergovernmental organizations competing with the private sector but having failed to fully privatize in a pro-
competitive manner. In addition, the bill directs the President to secure the elimination, or substantial reduction, of all privileges and immunities that are accorded Intelsat and Inmarsat.
Given that this will be the first time in a great number of years that the Congress has spoken on international satellite communications I believe it underscores the strong bipartisan desire of the Congress to move expeditiously toward a pro-competitive privatization of the intergovernmental organizations. Taken in the context of the overwhelming vote this year for H.R. 1872 in the House, the direction of policy desired by Members of Congress is clearly toward putting all companies on even footing and letting the marketplace decide winners and losers. Our overarching goal is a freely open competitive marketplace bringing to an end the era of government sanctioned communications cartels in satellite communications.
I want to commend the leadership and tenacity of Chairman Bliley in ensuring that these important satellite provisions are in this comprehensive bill. I want to also commend the work of Chairman Mike Oxley, Mr. Dingell, as well as our Senate counterparts. In addition, I want to also salute the work of our Commerce Secretary Bill Daley, for spearheading this effort from the Administration and for the excellent result we have achieved due to his effort.
____________________
