; or (C) a material action or announcement, including with respect to policy, by the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China from which the action would rationally follow. (k) Special rules Notwithstanding any other provision of this section, with respect to a violation of subsection (a) or (i) that is based on an action taken corruptly as described in any of subparagraphs (A) through (D) of subsection (j)(1)— (1) the affirmative defenses under subsection (c) shall not be available; (2) it shall be an affirmative defense to actions under subsection (a) or (i) that the payment, gift, offer, or promise of anything of value that was made, as of the date on which it was made, had a reasonable business purpose, which does not include a purpose relating to— (A) advertising, marketing, or public relations; or (B) entering into or obtaining any agreement, license, permit, or other arrangement with respect to market access to a jurisdiction of a government; (3) notwithstanding any provision of subsection (g)— (A) only a penalty described in paragraph (1)(B) or (2)(B) of that subsection may apply with respect to the violation; and (B) the minimum amount of the civil penalty assessed for the violation shall be 3 times the amount of the penalty described in paragraph (1)(B) or (2)(B) of that subsection, as applicable