Business Accounting and Foreign Trade Simplification Act

Summary

Business Accounting and Foreign Trade Simplification Act - Amends the Foreign Corrupt Practices Act of 1977 to change the name of such Act to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require issuers of securities to keep their books and maintain a system of internal accounting controls in accordance with generally accepted accounting principles. Makes issuers liable for knowingly falsifying any books or for the intentionally wrongful maintenance or circumvention of the system of internal accounting controls. Requires only good faith efforts by issuers holding 50 percent or less of the equity capital to use their influence to cause transactions and dispositions of assets to be carried out consistent with such provisions. Repeals the provisions specifying prohibited foreign corrupt practices by issuers. Amends the Business Practices and Records Act to include issuers within the provisions specifying prohibited foreign corrupt practices by domestic concerns. Permits items of value to be given to foreigners in specified circumstances, including courtesy items, demonstration expenses, and payments lawful under the laws of the country of the intended recipient. Directs the Attorney General to issue guidelines specifying permissible conduct and arrangements associated with common types of export sales arrangements and business contracts and precautionary procedures creating a rebuttable presumption of compliance. Provides for the establishment of a Business Practices and Records Act Review Procedure to answer specific inquiries concerning enforcement of such Act. Requires the Attorney General to issue opinions regarding compliance. Makes such opinions final and binding on all parties if the conduct does not involve a violation. Requires annual reports to Congress by: (1) the Attorney General concerning actions taken pursuant to such Act; and (2) the Securities and Exchange Commission concerning the reporting requirements. Expresses the sense of the Congress that the President should negotiate agreements establishing standards of conduct for international business practices, a resolution procedure, and rates of commissions. Directs the President to report to Congress concerning the progress of such negotiations. Requires Congress to review the Business Practices and Records Act after receiving the President's report.

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1 official file

• Introduced in Senate

  summary · EN · 28 May 1980

  Open at official source

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