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HOUSE_OVERSIGHT_022599

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(B) Any domestic concern that is not a natural person and that vio- (3)(A) A person’s state of mind is “knowing” with respect to conduct, lates subsection (a) or (i) of this section shall be subject to a civil pen- a circumstance, or a result if— alty of not more than $10,000 imposed in an action brought by the (i) such person is aware that such person is engaging in such conduct, Attorney General. that such circumstance exists, or that such result is substantially cer- tain to occur; or (2)(A) Any natural person that is an officer, director, employee, or (ii) such person has a firm belief that such circumstance exists or that agent of a domestic concern, or stockholder acting on behalf of such such result is substantially certain to occur. domestic concern, who willfully violates subsection (a) or (i) of this section shall be fined not more than $100,000 or imprisoned not (B) When knowledge of the existence of a particular circumstance more than 5 years, or both. is required for an offense, such knowledge is established if a person is aware of a high probability of the existence of such circumstance, (B) Any natural person that is an officer, director, employee, or agent unless the person actually believes that such circumstance does not of a domestic concern, or stockholder acting on behalf of such domes- exist. tic concern, who violates subsection (a) or (i) of this section shall be subject to a civil penalty of not more than $10,000 imposed in an (4)(A) The term “routine governmental action” means only an action action brought by the Attorney General. which is ordinarily and commonly performed by a foreign official in— (i) obtaining permits, licenses, or other official documents to qualify a (3) Whenever a fine is imposed under paragraph (2) upon any officer, person to do business in a foreign country; director, employee, agent, or stockholder of a domestic concern, such (ii) processing governmental papers, such as visas and work orders; fine may not be paid, di

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