,,ii  #aahth ,,congress  #ast ,session  
,s4 #aea  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,january #cj1       
#bjbc,mr4 ,rubio introduced the         
following bill2 which was read twice and
 referred to the ,committee on ,banking1
 ,housing1 and ,urban ,affairs  ,a      
,,bill  ,to amend the ,securities       
,exchange ,act of #aicd to address      
corrupt practices of the ,government of 
the ,people's ,republic of ,china1 and  
for other purposes4  #a4 ,short title   
,this ,act may be cited as the          
,countering ,corporate ,corruption in   
,china ,act of #bjbc4  #b4 ,findings    
,congress finds the following3 7#a7 ,in 
section #a of the ,national ,security   
,study ,memorandum issued on ,june #c1  
#bjba 7relating to establishing the     
fight against corruption as a core      
,united ,states national security       
interest71 ,president ,joseph ,r4       
,biden1 ,jr41 established countering    
corruption as a core ,united ,states    
national security interest4  7#b7 ,the  

practices of the ,chinese ,communist    
,party1 the ,government of the ,people's
 ,republic of ,china1 and               
instrumentalities of the ,government of 
the ,people's ,republic of ,china pose a
 unique challenge to the enforcement of 
section #cj;,a of the ,securities       
,exchange ,act of #aicd 7#ae ,u4,s4,c4  
#gh;dd-#a7 and sections #ajd and #ajd;,a
 of the ,foreign ,corrupt ,practices    
,act of #aigg 7#ae ,u4,s4,c4 #gh;dd-#b1 
#gh;dd-#c7 7referred to collectively in 
this section as the corporate           
anti-corruption laws74  7#c7 ,the       
,chinese ,communist ,party1 the         
,government of the ,people's ,republic  
of ,china1 and instrumentalities of the 
,government of the ,people's ,republic  
of ,china routinely frustrate the       
enforcement of the corporate            
anti-corruption laws by leveraging      
access to the markets of the ,people's  
,republic of ,china to cause companies  
that are subject to the corporate       
anti-corruption laws to improperly      

provide valuable benefits to those      
entities in the form of principally     
nonmonetary actions 7referred to        
collectively in this section as         
corporate actions currying favor with   
the ,chinese ,communist ,party71 which  
include-- 7,a7 the hiring1 promotion1 or
 retention of ,chinese ,communist ,party
 officials and children of those        
officials1 such as the unlawful         
practices admitted to by certain        
entities subject to the corporate       
anti-corruption laws in what are        
commonly known as the princelings       
settlements2  7,b7 political advocacy on
 behalf of the goals and policies of the
 ,chinese ,communist ,party in the      
,people's ,republic of ,china1 the      
,united ,states1 and the rest of the    
world1 including by-- 7i7 assisting in  
the denial1 obfuscation1 or excusal of--
 7,i7 genocide and other atrocities     
committed by the ,chinese ,communist    
,party1 the ,government of the ,people's
 ,republic of ,china1 and               

instrumentalities of the ,government of 
the ,people's ,republic of ,china2      
7,,ii7 the extrajudicial detainment1    
subjection to forced labor1 torture1 and
 political indoctrination of1 and other 
severe human rights abuses with respect 
to1 ,uyghurs1 ,kazakhs1 ,kyrgyz1 and    
members of other predominantly ,muslim  
ethnic groups by the ,government of the 
,people's ,republic of ,china in the    
,xinjiang ,uyghur ,autonomous ,region of
 ,china 7or comparable treatment of     
members of other ethnic1 religious1 and 
political groups who reside elsewhere in
 the ,people's ,republic of ,china72    
7,,iii7 censorship or other activities  
with respect to ,hong ,kong that-- 7aa7 
prohibit1 limit1 or penalize the        
exercise of freedom of expression or    
assembly by the citizens of ,hong ,kong2
 or  7bb7 limit access to free and      
independent print1 online1 or broadcast 
media2 and  7,,iv7 the extrajudicial    
rendition1 arbitrary detention1 or      
torture of any individual in ,hong ,kong

 or other gross violations of           
internationally recognized human rights 
in ,hong ,kong2 and  7ii7 supporting1   
legitimizing1 or recognizing the        
unlawful territorial claims of the      
,government of the ,people's ,republic  
of ,china in ,taiwan1 ,tibet1 ,korea1   
the ,south ,china ,sea1 the ,east ,china
 ,sea1 and other locations in which such
 claims are contested2 and  7,c7        
investments without reasonable business 
purposes in industries targeted for     
support by the ,chinese ,communist      
,party1 the ,government of the ,people's
 ,republic of ,china1 or                
instrumentalities of the ,government of 
the ,people's ,republic of ,china1      
including by entering into a joint      
venture with such an instrumentality or 
an entity affiliated with such an       
instrumentality4  7#d7 ,corporate       
actions currying favor with the ,chinese
 ,communist ,party are valuable to      
officials of the ,chinese ,communist    
,party1 the ,government of the ,people's

 ,republic of ,china1 and               
instrumentalities of the ,government of 
the ,people's ,republic of ,china1 and  
constitute payments of value for the    
purposes of subsection 7a7 of each of   
the corporate anti-corruption laws1     
because those actions are-- 7,a7        
directly or indirectly financially      
valuable to those officials due to-- 7i7
 the extent of corruption in the        
,people's ,republic of ,china2  7ii7 the
 reliance of the economy of the         
,people's ,republic of ,china on        
state-owned enterprises2 and  7iii7 the 
integration of the party-state with     
business enterprises in the ,people's   
,republic of ,china2 and  7,b7 valuable 
to the interests of the ,chinese        
,communist ,party1 and officials of that
 ,party1 in a manner that is distinct   
from any independent economic or public 
interest rationale for those actions4   
7#e7 ,corporate actions currying favor  
with the ,chinese ,communist ,party are 
taken corruptly for the purposes of each

 of the corporate anti-corruption laws  
because those actions-- 7,a7 have no    
reasonable business purpose unrelated to
 obtaining or retaining business within 
the ,people's ,republic of ,china and   
instead relate to-- 7i7 accessing       
markets within the jurisdiction of the  
,people's ,republic of ,china2 or  7ii7 
avoiding injury threatened by the       
,chinese ,communist ,party1 the         
,government of the ,people's ,republic  
of ,china1 or instrumentalities of the  
,government of the ,people's ,republic  
of ,china2 and  7,b7 are morally        
wrongful to the extent that those       
actions contribute to denying1          
obfuscating1 or excusing-- 7i7 genocide 
and other atrocities2 and  7ii7 the     
extrajudicial detainment1 subjection to 
forced labor1 torture1 and political    
indoctrination of1 and other severe     
human rights abuses with respect to1    
individuals by the ,chinese ,communist  
,party1 the ,government of the ,people's
 ,republic of ,china1 or                

instrumentalities of the ,government of 
the ,people's ,republic of ,china4  7#f7
 ,despite the public and prominent      
undertaking of corporate actions        
currying favor with the ,chinese        
,communist ,party by individuals and    
entities that are subject to the        
corporate anti-corruption laws1 the     
,federal ,government has undertaken     
little enforcement with respect to those
 corporate actions due to an apparent   
difficulty in demonstrating that the    
actions are corrupt1 or of value to a   
foreign official1 because of the        
principally nonmonetary nature of those 
actions4  7#g7 ,in addition to          
undermining the public interest in the  
enforcement of the corporate            
anti-corruption laws in the manner      
described in paragraphs 7#b7 through    
7#f71 corporate actions currying favor  
with the ,chinese ,communist ,party     
undermine the public interest in the    
enforcement of the laws of the ,united  
,states1 including-- 7,a7 sections #d   

and #e of the ,act entitled ,an ,act to 
ensure that goods made with forced labor
 in the ,xinjiang ,autonomous ,region of
 the ,people's ,republic of ,china do   
not enter the ,united ,states market1   
and for other purposes1 approved        
,december #bc1 #bjba 7,public ,law      
#aag-gh2 #ace ,stat4 #aebe7 7referred to
 in this section as the ,uyghur ,forced 
,labor ,prevention ,act7 7including the 
amendment made by section #e of that    
,act71 by-- 7i7 reducing the awareness  
of entities subject to1 or potentially  
subject to1 that ,act regarding the     
application of that ,act to activities  
in the ,xinjiang ,autonomous ,region of 
the ,people's ,republic of ,china or    
elsewhere in the ,people's ,republic of 
,china2  7ii7 aiding and abetting       
violations of that ,act2 and  7iii7     
reducing the information available to   
law enforcement officials in the ,united
 ,states regarding the activities       
described in clause 7i72 and  7,b7      
,united ,states sanctions laws with     

respect to persons and entities in the  
,people's ,republic of ,china           
7collectively referred to in this       
section as the sanctions laws of the    
,united ,states7-- 7i7 including-- 7,i7 
section #abcg of the ,strom ,thurmond   
,national ,defense ,authorization ,act  
for ,fiscal ,year #aiii 7,public ,law   
#aje-bfa2 #ej ,u4,s4,c4 #agja note72    
7,,ii7 sections #d and #e of the ,uyghur
 ,forced ,labor ,prevention ,act        
7including the amendment made by section
 #e of that ,act72  7,,iii7 the ,global 
,magnitsky ,human ,rights               
,accountability ,act 7subtitle ,f of    
title ,,xii of ,public ,law #aad-cbh2   
#bb ,u4,s4,c4 #bfef note72  7,,iv7      
,executive ,order #achah 7#ej ,u4,s4,c4 
#agja note2 relating to blocking the    
property of persons involved in serious 
human rights abuse or corruption71 as   
amended on or after the date of         
enactment of this ,act2  7,v7 ,executive
 ,order #aciei 7#ej ,u4,s4,c4 #agja     
note2 relating to addressing the threat 

from securities investments that finance
 ,communist ,chinese military           
companies71 as amended before1 on1 or   
after the date of enactment of this ,act
 and as superseded in part before1 on1  
or after the date of enactment of this  
,act2 and  7,,vi7 ,executive ,order     
#adjcb 7#ej ,u4,s4,c4 #agja note2       
relating to addressing the threat from  
securities investments that finance     
certain companies of the ,people's      
,republic of ,china71 as amended before1
 on1 or after the date of enactment of  
this ,act2 and  7ii7 by facilitating    
investment in1 or transactions with1    
entities in which investment is1 or with
 which transactions are1 prohibited     
under the sanctions laws of the ,united 
,states by-- 7,i7 providing principally 
nonmonetary benefits of value to those  
entities1 which1 in turn1 become        
financially valuable to those entities  
in a manner that is directly traceable  
to those benefits1 such as with respect 
to raising capital from international   

capital markets2  7,,ii7 investing in1  
or transacting with1 entities not       
subject to the sanctions laws of the    
,united ,states under circumstances that
 suggest that those entities will1 in   
turn1 invest in or transact with other  
entities that are subject to the        
sanctions laws of the ,united ,states2  
and  7,,iii7 reducing the information   
available to law enforcement officials  
in the ,united ,states for the purpose  
of enforcing the sanctions laws of the  
,united ,states4  7#h7 ,the requirements
 of this ,act1 and the amendments made  
by this ,act1 are justified by-- 7,a7   
the public interest in mitigating the   
threats to the enforcement of the       
corporate anti-corruption laws1 and the 
sanctions laws of the ,united ,states1  
that are posed by the ,chinese          
,communist ,party1 the ,government of   
the ,people's ,republic of ,china1 and  
instrumentalities of the ,government of 
the ,people's ,republic of ,china2  7,b7
 the foreign policy interests achieved  

by this ,act and the amendments made by 
this ,act2 and  7,c7 the fact that those
 requirements-- 7i7 are confined to the 
specific conduct of entities and persons
 subject to the corporate               
anti-corruption laws based on observable
 patterns of behavior demonstrated by   
those entities and persons2 and  7ii7 do
 not subject any entity or person       
described in clause 7i7 to any criminal 
penalty4  #c4 ,amendments regarding     
prohibited foreign trade practices  7a7 
,issuers  7#a7 ,in general ,section     
#cj;,a of the ,securities ,exchange ,act
 of #aicd 7#ae ,u4,s4,c4 #gh;dd-#a7 is  
amended-- 7,a7 in subsection 7f71 by    
adding at the end the following3  7#d7  
,the term covered investment-- 7,a7     
means any direct or indirect            
contribution or commitment of assets1   
including any-- 7i7 acquisition of an   
equity interest or convertible equity   
interest2 or  7ii7 loan or other debt   
interest2 and  7,b7 does not include a  
transaction in goods or services1 or any

 related party transaction1 with a      
wholly owned subsidiary of an entity--  
7i7 that is incorporated in a           
jurisdiction of the ,united ,states2 or 
7ii7 the principal place of business of 
which is in the ,united ,states4  2 and 
7,b7 by adding at the end the following3
  7h7 ,application ,for the purposes of 
this section-- 7#a7 an action that is   
taken corruptly includes an action that 
serves to-- 7,a7 deny1 obfuscate1 or    
excuse that a third party has committed1
 or assist a third party in committing--
 7i7 the extrajudicial detainment1      
subjection to forced labor1 torture1 and
 political indoctrination of1 and other 
severe human rights abuses with respect 
to1 ,uyghurs1 ,kazakhs1 ,kyrgyz1 and    
members of other predominantly ,muslim  
ethnic groups by the ,government of the 
,people's ,republic of ,china in the    
,xinjiang ,uyghur ,autonomous ,region of
 ,china 7or comparable treatment of     
members of other ethnic1 religious1 and 
political groups who reside elsewhere in

 the ,people's ,republic of ,china72    
7ii7 censorship1 or another activity1 by
 the ,chinese ,communist ,party1 the    
,government of the ,people's ,republic  
of ,china1 or instrumentalities of the  
,government of the ,people's ,republic  
of ,china with respect to ,hong ,kong   
that-- 7,i7 prohibits1 limits1 or       
penalizes the exercise of freedom of    
expression or assembly by citizens of   
,hong ,kong2 or  7,,ii7 limits access to
 free and independent print1 online1 or 
broadcast media2 or  7iii7 the          
extrajudicial rendition1 arbitrary      
detention1 or torture of any individual 
in ,hong ,kong or other gross violations
 of internationally recognized human    
rights in ,hong ,kong2  7,b7 support1   
legitimize1 or recognize the territorial
 claims of the ,government of the       
,people's ,republic of ,china in        
,taiwan1 ,tibet1 ,korea1 the ,south     
,china ,sea1 the ,east ,china ,sea1 or  
another location in which such a claim  
is contested2  7,c7 express political   

advocacy in favor of the ,chinese       
,communist ,party1 the system of        
governance of that ,party1 or any       
official of that ,party2 or  7,d7 make a
 covered investment-- 7i7 in partnership
 with the ,belt and ,road ,initiative of
 the ,government of the ,people's       
,republic of ,china2 or  7ii7 in any    
entity 7including a parent1 subsidiary1 
or affiliate of1 or another entity      
controlled by an entity7 that is-- 7,i7 
7aa7 affiliated with the ,chinese       
,communist ,party1 the ,government of   
the ,people's ,republic of ,china1 or   
instrumentalities of the ,government of 
the ,people's ,republic of ,china2 and  
7bb7 involved in the development1       
production1 or sale of emerging or      
foundational technology identified      
pursuant to section #ageh of the ,export
 ,controls ,act of #bjah 7#ej ,u4,s4,c4 
#dhag72 or  7,,ii7 on the ,entity ,list 
maintained by the ,bureau of ,industry  
and ,security of the ,department of     
,commerce and set forth in ,supplement  

,no4 #d to part #gdd of title #ae1 ,code
 of ,federal ,regulations2 and  7#b7 an 
action described in paragraph 7#a7 is   
made with respect to a foreign official1
 or any foreign political party or      
official thereof1 if1 among other       
reasons1 the action is taken in response
 to-- 7,a7 a request of any foreign     
official1 or any foreign political party
 or official thereof1 as applicable2    
7,b7 an injury or threat of injury1 by  
means of economic coercion1 to the      
applicable issuer1 or to an officer1    
director1 employee1 or agent of the     
applicable issuer1 made by any foreign  
official or any foreign political party 
or official thereof2 or  7,c7 a material
 action or announcement1 including with 
respect to policy1 by the ,chinese      
,communist ,party1 the ,government of   
the ,people's ,republic of ,china1 or   
instrumentalities of the ,government of 
the ,people's ,republic of ,china from  
which the action would rationally       
follow4  7i7 ,special rules             

,notwithstanding any other provision of 
this section1 with respect to a         
violation of subsection 7a7 or 7g7 that 
is based on an action taken corruptly as
 described in any of subparagraphs 7,a7 
through 7,d7 of subsection 7h77#a7--    
7#a7 the affirmative defenses under     
subsection 7c7 shall not be available2  
7#b7 it shall be an affirmative defense 
to actions under subsection 7a7 or 7g7  
that the payment1 gift1 offer1 or       
promise of anything of value that was   
made1 as of the date on which it was    
made1 had a reasonable business purpose1
 which does not include a purpose       
relating to-- 7,a7 advertising1         
marketing1 or public relations2 or  7,b7
 entering into or obtaining any         
agreement1 license1 permit1 or other    
arrangement with respect to market      
access to a jurisdiction of a           
government2  7#c7 notwithstanding       
section #cb-- 7,a7 only a penalty       
described in subsection 7c77#a77;,b7 or 
7c77#b77;,b7 of that section may apply  

with respect to the violation2 and  7,b7
 the minimum amount of the civil penalty
 assessed for the violation shall be #c 
times the amount of the penalty         
described in subsection 7c77#a77;,b7 or 
7c77#b77;,b7 of that section1 as        
applicable2 and  7#d7 in an action      
brought with respect to the violation1  
evidence that the action taken by the   
applicable issuer 7or the officer1      
director1 employee1 or agent of the     
issuer1 or stockholder acting on behalf 
of such issuer7 was directly or         
indirectly inconsistent with the        
policies of the issuer1 including any   
representation to the ,federal          
,government by the issuer1 shall be     
admissible to prove that the action     
taken by the issuer 7or officer1        
director1 employee1 agent1 or           
stockholder7 was taken corruptly for the
 purposes of subsection 7a7 or 7g71 as  
applicable4  4  7#b7 ,rule of           
construction ,nothing in subsection 7h7 
of section #cj;,a of the ,securities    

,exchange ,act of #aicd 7#ae ,u4,s4,c4  
#gh;dd-#a71 as added by paragraph 7#a7  
of this subsection1 may be construed to 
expand the meaning of the term          
corruptly1 to any foreign official1 or  
to any foreign political party or       
official thereof for the purposes of    
such section #cj;,a1 except for the     
clarification that the term includes an 
action that is taken as described in    
paragraph 7#a7 or 7#b7 of such          
subsection 7h71 as applicable4  7b7     
,domestic concerns  7#a7 ,in general    
,section #ajd of the ,foreign ,corrupt  
,practices ,act of #aigg 7#ae ,u4,s4,c4 
#gh;dd-#b7 is amended-- 7,a7 in         
subsection 7h71 by adding at the end the
 following3  7#f7 ,the term covered     
investment-- 7,a7 means any direct or   
indirect contribution or commitment of  
assets1 including any-- 7i7 acquisition 
of an equity interest or convertible    
equity interest2 or  7ii7 loan or other 
debt interest2 and  7,b7 does not       
include a transaction in goods or       

services1 or any related party          
transaction1 with a wholly owned        
subsidiary of an entity-- 7i7 that is   
incorporated in a jurisdiction of the   
,united ,states2 or  7ii7 the principal 
place of business of which is in the    
,united ,states4  2 and  7,b7 by adding 
at the end the following3  7j7          
,application ,for the purposes of this  
section-- 7#a7 an action that is taken  
corruptly includes an action that serves
 to-- 7,a7 deny1 obfuscate1 or excuse   
that a third party has committed1 or    
assist a third party in committing-- 7i7
 the extrajudicial detainment1          
subjection to forced labor1 torture1 and
 political indoctrination of1 and other 
severe human rights abuses with respect 
to1 ,uyghurs1 ,kazakhs1 ,kyrgyz1 and    
members of other predominantly ,muslim  
ethnic groups by the ,government of the 
,people's ,republic of ,china in the    
,xinjiang ,uyghur ,autonomous ,region of
 ,china 7or comparable treatment of     
members of other ethnic1 religious1 and 

political groups who reside elsewhere in
 the ,people's ,republic of ,china72    
7ii7 censorship1 or another activity1 by
 the ,chinese ,communist ,party1 the    
,government of the ,people's ,republic  
of ,china1 or instrumentalities of the  
,government of the ,people's ,republic  
of ,china with respect to ,hong ,kong   
that-- 7,i7 prohibits1 limits1 or       
penalizes the exercise of freedom of    
expression or assembly by citizens of   
,hong ,kong2 or  7,,ii7 limits access to
 free and independent print1 online1 or 
broadcast media2 or  7iii7 the          
extrajudicial rendition1 arbitrary      
detention1 or torture of any individual 
in ,hong ,kong or other gross violations
 of internationally recognized human    
rights in ,hong ,kong2  7,b7 support1   
legitimize1 or recognize the territorial
 claims of the ,government of the       
,people's ,republic of ,china in        
,taiwan1 ,tibet1 ,korea1 the ,south     
,china ,sea1 the ,east ,china ,sea1 or  
another location in which such a claim  

is contested2  7,c7 express political   
advocacy in favor of the ,chinese       
,communist ,party1 the system of        
governance of that ,party1 or any       
official of that ,party2 or  7,d7 make a
 covered investment-- 7i7 in partnership
 with the ,belt and ,road ,initiative of
 the ,government of the ,people's       
,republic of ,china2 or  7ii7 in any    
entity 7including a parent1 subsidiary1 
or affiliate of1 or another entity      
controlled by an entity7 that is-- 7,i7 
7aa7 affiliated with the ,chinese       
,communist ,party1 the ,government of   
the ,people's ,republic of ,china1 or   
instrumentalities of the ,government of 
the ,people's ,republic of ,china2 and  
7bb7 involved in the development1       
production1 or sale of emerging or      
foundational technology identified      
pursuant to section #ageh of the ,export
 ,controls ,act of #bjah 7#ej ,u4,s4,c4 
#dhag72 or  7,,ii7 on the ,entity ,list 
maintained by the ,bureau of ,industry  
and ,security of the ,department of     

,commerce and set forth in ,supplement  
,no4 #d to part #gdd of title #ae1 ,code
 of ,federal ,regulations2 and  7#b7 an 
action described in paragraph 7#a7 is   
made with respect to a foreign official1
 or any foreign political party or      
official thereof1 if1 among other       
reasons1 the action is taken in response
 to-- 7,a7 a request of any foreign     
official1 or any foreign political party
 or official thereof1 as applicable2    
7,b7 an injury or threat of injury1 by  
means of economic coercion1 to the      
applicable domestic concern1 or to an   
officer1 director1 employee1 or agent of
 the applicable domestic concern1 made  
by any foreign official or any foreign  
political party or official thereof2 or 
7,c7 a material action or announcement1 
including with respect to policy1 by the
 ,chinese ,communist ,party1 the        
,government of the ,people's ,republic  
of ,china1 or instrumentalities of the  
,government of the ,people's ,republic  
of ,china from which the action would   

rationally follow4  7k7 ,special rules  
,notwithstanding any other provision of 
this section1 with respect to a         
violation of subsection 7a7 or 7i7 that 
is based on an action taken corruptly as
 described in any of subparagraphs 7,a7 
through 7,d7 of subsection 7j77#a7--    
7#a7 the affirmative defenses under     
subsection 7c7 shall not be available2  
7#b7 it shall be an affirmative defense 
to actions under subsection 7a7 or 7i7  
that the payment1 gift1 offer1 or       
promise of anything of value that was   
made1 as of the date on which it was    
made1 had a reasonable business purpose1
 which does not include a purpose       
relating to-- 7,a7 advertising1         
marketing1 or public relations2 or  7,b7
 entering into or obtaining any         
agreement1 license1 permit1 or other    
arrangement with respect to market      
access to a jurisdiction of a           
government2  7#c7 notwithstanding any   
provision of subsection 7g7-- 7,a7 only 
a penalty described in paragraph        

7#a77;,b7 or 7#b77;,b7 of that          
subsection may apply with respect to the
 violation2 and  7,b7 the minimum amount
 of the civil penalty assessed for the  
violation shall be #c times the amount  
of the penalty described in paragraph   
7#a77;,b7 or 7#b77;,b7 of that          
subsection1 as applicable2 and  7#d7 in 
an action brought with respect to the   
violation1 evidence that the action     
taken by the applicable domestic concern
 7or the officer1 director1 employee1 or
 agent of the domestic concern1 or      
stockholder acting on behalf of such    
domestic concern7 was directly or       
indirectly inconsistent with the        
policies of the domestic concern1       
including any representation to the     
,federal ,government by the domestic    
concern1 shall be admissible to prove   
that the action taken by the domestic   
concern 7or officer1 director1 employee1
 agent1 or stockholder7 was taken       
corruptly for the purposes of subsection
 7a7 or 7i71 as applicable4  4  7#b7    

,rule of construction ,nothing in       
subsection 7j7 of section #ajd of the   
,foreign ,corrupt ,practices ,act of    
#aigg 7#ae ,u4,s4,c4 #gh;dd-#b71 as     
added by paragraph 7#a7 of this         
subsection1 may be construed to expand  
the meaning of the term corruptly1 to   
any foreign official1 or to any foreign 
political party or official thereof for 
the purposes of such section #ajd1      
except for the clarification that the   
term includes an action that is taken as
 described in paragraph 7#a7 or 7#b7 of 
such subsection 7j71 as applicable4  7c7
 ,persons other than issuers or domestic
 concerns  7#a7 ,in general ,section    
#ajd;,a of the ,foreign ,corrupt        
,practices ,act of #aigg 7#ae ,u4,s4,c4 
#gh;dd-#c7 is amended-- 7,a7 in         
subsection 7f71 by adding at the end the
 following3  7#f7 ,the term covered     
investment-- 7,a7 means any direct or   
indirect contribution or commitment of  
assets1 including any-- 7i7 acquisition 
of an equity interest or convertible    

equity interest2 or  7ii7 loan or other 
debt interest2 and  7,b7 does not       
include a transaction in goods or       
services1 or any related party          
transaction1 with a wholly owned        
subsidiary of an entity-- 7i7 that is   
incorporated in a jurisdiction of the   
,united ,states2 or  7ii7 the principal 
place of business of which is in the    
,united ,states4  2 and  7,b7 by adding 
at the end the following3  7g7          
,application ,for the purposes of this  
section-- 7#a7 an action that is taken  
corruptly includes an action that serves
 to-- 7,a7 deny1 obfuscate1 or excuse   
that a third party has committed1 or    
assist a third party in committing-- 7i7
 the extrajudicial detainment1          
subjection to forced labor1 torture1 and
 political indoctrination of1 and other 
severe human rights abuses with respect 
to1 ,uyghurs1 ,kazakhs1 ,kyrgyz1 and    
members of other predominantly ,muslim  
ethnic groups by the ,government of the 
,people's ,republic of ,china in the    

,xinjiang ,uyghur ,autonomous ,region of
 ,china 7or comparable treatment of     
members of other ethnic1 religious1 and 
political groups who reside elsewhere in
 the ,people's ,republic of ,china72    
7ii7 censorship1 or another activity1 by
 the ,chinese ,communist ,party1 the    
,government of the ,people's ,republic  
of ,china1 or instrumentalities of the  
,government of the ,people's ,republic  
of ,china with respect to ,hong ,kong   
that-- 7,i7 prohibits1 limits1 or       
penalizes the exercise of freedom of    
expression or assembly by citizens of   
,hong ,kong2 or  7,,ii7 limits access to
 free and independent print1 online1 or 
broadcast media2 or  7iii7 the          
extrajudicial rendition1 arbitrary      
detention1 or torture of any individual 
in ,hong ,kong or other gross violations
 of internationally recognized human    
rights in ,hong ,kong2  7,b7 support1   
legitimize1 or recognize the territorial
 claims of the ,government of the       
,people's ,republic of ,china in        

,taiwan1 ,tibet1 ,korea1 the ,south     
,china ,sea1 the ,east ,china ,sea1 or  
another location in which such a claim  
is contested2  7,c7 express political   
advocacy in favor of the ,chinese       
,communist ,party1 the system of        
governance of that ,party1 or any       
official of that ,party2 or  7,d7 make a
 covered investment-- 7i7 in partnership
 with the ,belt and ,road ,initiative of
 the ,government of the ,people's       
,republic of ,china2 or  7ii7 in any    
entity 7including a parent1 subsidiary1 
or affiliate of1 or another entity      
controlled by an entity7 that is-- 7,i7 
7aa7 affiliated with the ,chinese       
,communist ,party1 the ,government of   
the ,people's ,republic of ,china1 or   
instrumentalities of the ,government of 
the ,people's ,republic of ,china2 and  
7bb7 involved in the development1       
production1 or sale of emerging or      
foundational technology identified      
pursuant to section #ageh of the ,export
 ,controls ,act of #bjah 7#ej ,u4,s4,c4 

#dhag72 or  7,,ii7 on the ,entity ,list 
maintained by the ,bureau of ,industry  
and ,security of the ,department of     
,commerce and set forth in ,supplement  
,no4 #d to part #gdd of title #ae1 ,code
 of ,federal ,regulations2 and  7#b7 an 
action described in paragraph 7#a7 is   
made with respect to a foreign official1
 or any foreign political party or      
official thereof1 if1 among other       
reasons1 the action is taken in response
 to-- 7,a7 a request of any foreign     
official1 or any foreign political party
 or official thereof1 as applicable2    
7,b7 an injury or threat of injury1 by  
means of economic coercion1 to the      
applicable person1 or to an officer1    
director1 employee1 or agent of the     
applicable person1 made by any foreign  
official or any foreign political party 
or official thereof2 or  7,c7 a material
 action or announcement1 including with 
respect to policy1 by the ,chinese      
,communist ,party1 the ,government of   
the ,people's ,republic of ,china1 or   

instrumentalities of the ,government of 
the ,people's ,republic of ,china from  
which the action would rationally       
follow4  7h7 ,special rules             
,notwithstanding any other provision of 
this section1 with respect to a         
violation of subsection 7a7 that is     
based on an action taken corruptly as   
described in any of subparagraphs 7,a7  
through 7,d7 of subsection 7g77#a7--    
7#a7 the affirmative defenses under     
subsection 7c7 shall not be available2  
7#b7 it shall be an affirmative defense 
to actions under subsection 7a7 that the
 payment1 gift1 offer1 or promise of    
anything of value that was made1 as of  
the date on which it was made1 had a    
reasonable business purpose1 which does 
not include a purpose relating to-- 7,a7
 advertising1 marketing1 or public      
relations2 or  7,b7 entering into or    
obtaining any agreement1 license1       
permit1 or other arrangement with       
respect to market access to a           
jurisdiction of a government2  7#c7     

notwithstanding any provision of        
subsection 7e7-- 7,a7 only a penalty    
described in paragraph 7#a77;,b7 or     
7#b77;,b7 of that subsection may apply  
with respect to the violation2 and  7,b7
 the minimum amount of the civil penalty
 assessed for the violation shall be #c 
times the amount of the penalty         
described in paragraph 7#a77;,b7 or     
7#b77;,b7 of that subsection1 as        
applicable2 and  7#d7 in an action      
brought with respect to the violation1  
evidence that the action taken by the   
applicable person was directly or       
indirectly inconsistent with the        
policies of the person1 including any   
representation to the ,federal          
,government by the person1 shall be     
admissible to prove that the action     
taken by the person was taken corruptly 
for the purposes of subsection 7a74  4  
7#b7 ,rule of construction ,nothing in  
subsection 7g7 of section #ajd;,a of the
 ,foreign ,corrupt ,practices ,act of   
#aigg 7#ae ,u4,s4,c4 #gh;dd-#c71 as     

added by paragraph 7#a7 of this         
subsection1 may be construed to expand  
the meaning of the term corruptly1 to   
any foreign official1 or to any foreign 
political party or official thereof for 
the purposes of such section #ajd;,a1   
except for the clarification that the   
term includes an action that is taken as
 described in paragraph 7#a7 or 7#b7 of 
such subsection 7g71 as applicable4