ordered, or to give testimony touching the matter under investigation

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 acontempt thereof. 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 investiga- tions as may be necessary or appropriate to implement the provisions of this subsection. (e) Guidelines by Attorney General Not later than 6 months after August 23, 1988, the Attorney General, after consultation with the Securities and Exchange Commission, the Secretary of Commerce, the United States Trade Representative, the Secretary of State, and the Secretary of the Treasury, and after obtain- ing the views of all interested persons through public notice and com- ment procedures, shall determine to what extent compliance with this section would be enhanced and the business community would be assisted by further clarification of the preceding provisions of this section and may, based on such determination and to the extent neces- sary and appropriate, issue— (1) guidelines describing specific types of conduct, associated with common types of export sales arrangements and business contracts, which for purposes of the Department of Justice’s present enforce- ment policy, the Attorney General determines would be in confor- mance with the preceding provisions of this section; and (2) general precautionary procedures which domestic concerns may use on a voluntary basis to conform their conduct to the Department of Justice’s present enforcement policy regarding the preceding provi- sions of this section. The Attorney General shall issue the guidelines and procedures referred to in the preceding sentence in accordance with the provi- sions of subchapter H] of chapter 5 of Title 5 and those guidelines and procedures shall be subject to the provisions of chapter 7 of that title. (f) Opinions of Attorney General (1) The Attorney General, after consultation with appropriate depart- ments and agencies of the United States and after obtaining the views of all interested persons through public notice and comment procedures, shall establish a procedure to provide responses to specific inquiries by domestic concerns concerning conformance of their conduct with the Department of Justice’s present enforcement policy regarding the pre- ceding provisions of this section. The Attorney General shall, within 30 days after receiving such a request, issue an opinion in response to that request. The opinion shall state whether or not certain specified prospective conduct would, for purposes of the Department of Justice’s present enforcement policy, violate the preceding provisions of this sec- tion. Additional requests for opinions may be filed with the Attorney General regarding other specified prospective conduct that is beyond the scope of conduct specified in previous requests. In any action brought under the applicable provisions of this section, there shall be a rebuttable presumption that conduct, which is specified in a request The Foreign Corrupt Practices Act by a domestic concern and for which the Attorney General has issued. an opinion that such conduct is in conformity with the Department of Justice's present enforcement policy, is in compliance with the preced- ing provisions of this section. Such a presumption may be rebutted by a preponderance of the evidence. In considering the presumption for pur- poses of this paragraph, a court shall weigh all relevant factors, including but not limited to whether the information submitted to the Attorney General was accurate and complete and whether it was within the scope of the conduct specified in any request received by the Attorney General. The Attorney General shall establish the procedure required by this paragraph in accordance with the provisions of subchapter I of chapter 5 of Title 5 and that procedure shall be subject to the provisions of chapter 7 of that title. (2) Any document or other material which is provided to, received by, or prepared in the Department of Justice or any other department or agency of the United States in connection with a request by a domes- tic concern under the procedure established under paragraph (1), shall be exempt from disclosure under section 552 of Title 5 and shall not, except with the consent of the domestic concern, by made publicly available, regardless of whether the Attorney General response to such a request or the domestic concern withdraws such request before receiving a response. (3) Any domestic concern who has made a request to the Attorney General under paragraph (1) may withdraw such request prior to the time the Attorney General issues an opinion in response to such request. Any request so withdrawn shall have no force or effect. (4) The Attorney General shall, to the maximum extent practicable, provide timely guidance concerning the Department of Justice’s pres- ent enforcement policy with respect to the preceding provisions of this section to potential exporters and small businesses that are unable to obtain specialized counsel on issues pertaining to such provisions. Such guidance shall be limited to responses to requests under para- graph (1) concerning conformity of specified prospective conduct with the Department of Justice’s present enforcement policy regard- ing the preceding provisions of this section and general explanations of compliance responsibilities and of potential liabilities under the preceding provisions of this section. (g) Penalties (1)(A) Any domestic concern that is not a natural person and that violates subsection (a) or (i) of this section shall be fined not more than $2,000,000. HOUSE_OVERSIGHT_022598