§1826.2. Foreign gift reporting
A. As used in this Section, the following words shall have the following meanings
unless the context clearly indicates otherwise:
(1)"Affiliate organization" means any entity under the control of or established for
the benefit of an organization required to report under this Section, including a direct-support
organization.
(2)"Contract" means any agreement for the acquisition by purchase, lease, or barter
of property or services by a foreign source for the direct benefit or use of any of the parties,
and any purchase, lease, or barter of property or services from a foreign adversary.
(3)"Foreign adversary" means any foreign government or foreign nongovernment
person determined by the United States secretary of commerce to have engaged in a long-term patt
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§1826.2. Foreign gift reporting
A. As used in this Section, the following words shall have the following meanings
unless the context clearly indicates otherwise:
(1) "Affiliate organization" means any entity under the control of or established for
the benefit of an organization required to report under this Section, including a direct-support
organization.
(2) "Contract" means any agreement for the acquisition by purchase, lease, or barter
of property or services by a foreign source for the direct benefit or use of any of the parties,
and any purchase, lease, or barter of property or services from a foreign adversary.
(3) "Foreign adversary" means any foreign government or foreign nongovernment
person determined by the United States secretary of commerce to have engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of
the United States or security and safety of United States persons as listed in 15 CFR 7.4,
Determination of Foreign Adversaries, as amended or renumbered.
(4) "Foreign government" means the government of any country, nation, or group of
nations, or any province or other political subdivision of any country or nation, other than
the government of the United States and its states or political subdivisions, including any
agent of the foreign government.
(5) "Foreign source" means any of the following:
(a) A foreign government or an agency of a foreign government.
(b) A legal entity, governmental or otherwise, created solely under the laws of a
foreign state or states.
(c) An individual who is not a citizen of the United States or of a territory or
protectorate of the United States.
(d) An agent, including a subsidiary or an affiliate of a foreign legal entity, acting on
behalf of any source defined in Subparagraph (a), (b), or (c) of this Paragraph.
(6) "Gift" means any contract, gift, grant, endowment, award, scholarship, or
donation of money or property of any kind, or any combination thereof, including a
conditional or unconditional pledge of a contract, gift, grant, endowment, award, scholarship,
or donation. For purposes of this Paragraph, the term "pledge" means a promise, agreement,
or an expressed intention to give a thing of value.
(7) "Postsecondary education institution" or "institution" means a Louisiana college
or university, a nonpublic postsecondary institution that is a member of the Louisiana
Association of Independent Colleges and Universities, and any other entity offering a
program of postsecondary education that has a physical presence in the state and is required
to report foreign gifts or contracts pursuant to 20 U.S.C. 1011f, or an affiliate organization
of any such college, university, institution, or school.
(8) "Research-related support position" means any individual in a support role
funded by gifts, grants, or contracts.
B.(1)(a) Each institution shall report any gift received directly or indirectly from a
foreign adversary with a value of fifty thousand dollars or more. This report shall be made
each January thirty-first and July thirty-first and shall include the gifts made during the six-month period ending on the last day of the month immediately preceding the reporting
month. The institution shall include in its report gifts received by all affiliate organizations
of the institution.
(b) If a foreign adversary provides more than one gift directly or indirectly to an
institution and its affiliate organizations in a single calendar year and the total value of all
gifts is fifty thousand dollars or more, then all gifts received from that foreign source shall
be reported.
(c) For purposes of this Paragraph, a gift received from a foreign source through an
intermediary shall be considered an indirect gift to the institution.
(2) A report required under this Subsection shall be made to the following entities:
(a) The institution's board of supervisors. The respective board shall file an annual
summary of these gifts with the Board of Regents.
(b) Unless already reported to the institution's board of supervisors, an annual
summary of the gifts shall be filed with the Board of Regents for any institution or affiliate
organization of the institution.
C. Reports of gifts subject to the requirements of this Section shall include the
following information, unless the information is exempt from disclosure under the provisions
of this Section or otherwise prohibited or deemed confidential under federal or state law:
(1) The amount of the gift and the date it was received.
(2) The contract start and end date, if the gift is a contract.
(3) The name of the foreign source and, if not a foreign government, the country of
citizenship, if known, and the country of principal residence or domicile of the foreign
source.
(4)(a) A copy of any gift agreement between the foreign source and the institution,
signed by the foreign source and the chief administrative officer of the institution, or their
respective designees, which includes a detailed description of the purpose for which the gift
is to be used by the institution, the identification of the persons whom the gift is explicitly
intended to benefit, and any applicable conditions, requirements, restrictions, or terms made
a part of the gift regarding the control of curricula, faculty, student admissions, student fees,
or contingencies placed upon the institution to take a specific public position or to award an
honorary degree. If an agreement contains information protected from disclosure, an abstract
and redacted copy of the disclosure containing information that is not protected shall be
submitted in lieu of a copy of the agreement.
(b) Beginning July 1, 2024, the internal auditor of the Board of Regents shall
annually inspect or audit a random sample of at least five percent of the total number of gifts
disclosed by or gift agreements received from any institution during the previous fiscal year
to determine the institution's compliance with the requirements of this Section.
(c) Upon request by the governor, the president of the Senate, or the speaker of the
House of Representatives, the internal auditor of the Board of Regents shall inspect or audit
a gift or gift agreement.
D. An institution that knowingly, willfully, or negligently fails to disclose the
information required in this Section shall be subject to a civil penalty of one hundred five
percent of the amount of the undisclosed gift, payable only from nonstate funds of the
institution or the affiliate organization that received the gift. The recovered funds shall be
deposited into the state general fund.