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Exhibit 6) .
5. There is a very strong link between the Communist Party
3
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states as follows:
'State functionaries' as mentioned in this Law refers
to persons who perform public service in State organs.
Persons who perform public service in State-owned
companies or enterprises, institutions or people's
organizations, persons who are assigned by State
organs, State-owned companies, enterprises or
insti tutions to companies, enterprises or institutions
that are not owned by the State or people's
organizations to perform public service and the other
persons who perform public service according to law
shall all be regarded as State functionaries.
(attached as Exhibit 8) .
7. Article l63 of Section 3 of the Chinese Criminal Code
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states as follows:
Where an employee of a company or enterprise who,
taking advantage of his position, demands money or
property from another person or illegally accepts
another person's money or property in return for the
benefits he seeks for such person, if the amount
involved is relatively large, he shall be sentenced to
fixed-term imprisonment of not more than five years or
criminal detention; if the amount is huge, he shall be
sentenced to fixed-term imprisonment of not less than
five years and may also be sentenced to confiscation of
property.
Any employee of a company or enterprise who, violating
State regulations in economic activities, accepts
rebates or service charges of various descriptions and
takes them into his own possession shall be punished in
accordance with the provisions in the preceding
paragraph.
Any employee of a State-owned company or enterprise
who, being engaged in public service or who is assigned
by a State-owned company or enterprises to engage in
public service in a company or enterprise that is not
owned by the State, commits any of the acts mentioned
in the preceding two paragraphs shall be convicted and
punished according to the provisions in Articles 385
and 386 of this Law.
states as follows:
Any State functionary who, by taking advantage of his
position, extorts money or property from another
person, or illegally accepts another person's money or
property in return for securing benefits for the person
shall be guilty of acceptance of bribes.
Any State functionary who, in economic acti vi ties,
violates State regulations by accepting rebates or
service charges of various descriptions and taking them
into his own possession shall be regarded as guilty of
acceptance of bribes and punished for it.
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states as follows:
Whoever has committed the crime of acceptance of bribes
shall, on the basis of the amount of money or property
accepted and the seriousness of the circumstances, be
punished in accordance with the provisions of Article
383 of this Law. Whoever extorts bribes from another
person shall be given a heavier punishment.
states as follows:
Any State functionary who, by taking advantage of his
own functions and powers or position, secures
illegitimate benefits for an entrusting person through
another State functionary's performance of his duties
and extorts from the entrusting person or accepts the
entrusting person's money or property shall be regarded
as guilty of acceptance of bribes and punished for it.
states as follows:
Whoever, for the purpose of securing illegitimate
benef i ts , gives money or property to a State
functionary shall be guilty of offering bribes.
Whoever, in economic activities, violates State
regulations by giving a relatively large amount of
money or property to a State functionary or by giving
him rebates or service charges of various descriptions
shall be regarded as guilty of offering bribes and
punished for it.
Any person who offers money or property to a State
functionary through extortion but gains no illegitimate
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in bribes between 2004 and 2009. See Former China Nuclear Head
Jailed for Life Over Bribes, BBC News, Nov. 19, 2010 (attached as
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Business Machines, NCR, and Hitachi. See David Barboza, IBM. NCR
as Exhibit l6) .
Entities Involved in Counts Two through Ten of the Indictment
1961 until April 200l, South Korea's sole electric power utility
the power generation part of KEPCO was split into six entities,
Hydro & Nuclear Power Co. Ltd. ("KHNP"). Id. Since its
KEPCO. Under the 1982 KEPCO Act, the South Korean government is
KHNP employees.
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use.
l6. According to USCS, Article 32 of the KHNP Articles of
Incorporation provides:
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9.
C. China Petroleum Materials and Equipment Corp. (Count 5)
lo
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Exhibit 20).
20. According to CNPC's website:
22. In its latest credit rating for CNOOC Ltd., the core
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S&P: Rates CNOOC Ltd. Proposed Notes AA-, REUTERS. COM, Jan. l2,
Exhibit 25).
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provisions of the Penal Code provide that "A prison term shall be
13
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Id.
G. Guohua Electric Power Company (Count 9)
Exhibit 29) .
29. Guohua Electric was established on March ll, 1999, as
the electric power business unit under the Shenhua Group. Id.
l4
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www.shenhuagroup.com.cn/english/aboutous/prileOofoshenhua/index. s
html (attached as Exhibit 30). Shenhua Group's Chairman makes
See
www.shenhuagroup.com.cn/english/aboutOus IgroupOleadership/chairma
Malaysian government.
Prime Minister who may from time to time issue such direction as
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that" (iJ n return for the ownership and the rights, powers,
Minister." Id.
32. According to a March 2007 Rice University policy report
on the company,
Exhibit 33) .
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l7
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Id. at 2-3.
l8
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is a nuclear power company under the umbrella of the CNNC and the
as Exhibit 40).
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established in 2002 and "keeps and adds value of state assets and
as Exhibit 42) .
L. Liqanq Power Plant
and II and 7 i . 35% of Phases III and IV. Id. CITIC Pacif ic is
Pac if ic . Id.
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21
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Related Offences Act 2000 provides that "' Public Officer' means a
person employed or engaged in any capacity in the public service
23
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www.ec.europa.eu/enlargement/archives/ear/agency/main/ag-main.htm
(attached as Exhibit 53). As an independent agency of the
the European Union Council and the European Parliament and was
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www.ec.europa.eu/enlargement/archives/ear/agency/main/ag-main.htm
(attached as Exhibit 53) .
R. Abu Dhabi Marine Operating Company
ADMA-OPCO, and British Petroleum, Total, S.A., and JODCO own the
remaining 40%.
25
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S. Saudi Aramco
53. According to Saudi Aramco's website, in 1933 Saudi
was renamed the Saudi Arabian oil Company ("Saudi Aramco"). Id.
55) .
55. Saudi Arabia's 1992 Combating Bribery Law defines a
26
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added) .
57. Senator Frank Church, Chairman of the Subcommittee on
27
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Affairs, 98th Congress, First Session (April 18 & 25, July l2,
28
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29
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30