Statutory provisions outlining Attorney General's investigative powers and penalties

99 constituting a violation of subsection (a) of this section, the Attorney General may, in his discretion, bring a civil action in an appropri- ate district court of the United States to enjoin such act or practice, and upon a proper showing, a permanent injunction or a temporary restraining order shall be granted without bond. (2) For the purpose of any civil investigation which, in the opinion of the Attorney General, is necessary and proper to enforce this section, the Attorney General or his designee are empowered to administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any books, papers, or other documents which the Attorney General deems relevant or material to such investigation. ‘The attendance of witnesses and the production of documentary evi- dence may be required from any place in the United States, or any territory, possession, or commonwealth of the United States, at any designated place of hearing. (3) In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Attorney General may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, or other documents. Any such court may issue an order requiring such person to appear before the Attorney General or his designee, there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. (4) All process in any such case may be served in the judicial district in which such person resides or may be found. The Attorney General may make such rules relating to civil investigations as may be necessary or appropriate to implement the provisions of this subsection. (e) Penalties (1)(A) Any juridical person that violates subsection (a) of this section shall be fined not more than $2,000,000. (B) Any juridical person that violates subsection (a) of this section shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Attorney General. (2)(A) Any natural person who willfully violates subsection (a) of this section shall be fined not more than $100,000 or imprisoned not more than 5 years, or both. (B) Any natural person who violates subsection (a) of this section shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Attorney General. (3) Whenever a fine is imposed under paragraph (2) upon any officer, director, employee, agent, or stockholder of a person, such fine may not be paid, directly or indirectly, by such person. (f) Definitions For purposes of this section: (1) The term “person,” when referring to an offender, means any natu- ral person other than a national of the United States (as defined in 8 US.C. § 1101) or any corporation, partnership, association, joint- stock company, business trust, unincorporated organization, or sole proprietorship organized under the law of a foreign nation or a politi- cal subdivision thereof (2)(A) The term “foreign official” means any officer or employee of a foreign government or any department, agency, or instrumentality thereof, or of a public international organization, or any person act- ing 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. For purposes of subparagraph (A), the term “public international organization” means— (i) an organization that has been designated by Executive Order pur- suant to Section 1 of the International Organizations Immunities Act (22 US.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. 3)(A) A person’s state of mind is “knowing” with respect to conduct, a circumstance, or a result if— i) such person is aware that such person is engaging in such conduct, that such circumstance exists, or that such result is substantially cer- tain to occur; or ii) such person has a firm belief that such circumstance exists or that such result is substantially certain to occur. B) When knowledge of the existence of a particular circumstance is required for an offense, such knowledge is established if a person is aware of a high probability of the existence of such circumstance, unless the person actually believes that such circumstance does not exist. 4)(A) The term “routine governmental action” means only an action which is ordinarily and commonly performed by a foreign ofhcial in— i) obtaining permits, licenses, or other official documents to qualify a person to do business in a foreign country; ii) processing governmental papers, such as visas and work orders; iii) providing police protection, mail pick-up and delivery, or sched- uling inspections associated with contract performance or inspections related to transit of goods across country; iv) providing phone service, power and water supply, loading and unloading cargo, or protecting perishable products or commodities from deterioration; or v) actions of a similar nature. HOUSE_OVERSIGHT_022601