§ 38:2191.1 — Foreign gifts and contracts

Louisiana § 38:2191.1

• Jurisdiction: Louisiana
• Title 38: Public Contracts, Works and Improvements

Text

§2191.1. Foreign gifts and contracts
A. As used in this Section, the following terms shall have the following meanings
unless the context clearly indicates otherwise:
(1) "Contract" means any agreement for the direct benefit or use of any party to the
agreement, including an agreement for the sale of commodities or services.
(2) "Foreign country of concern" means a country or nation determined by the
appropriate federal agency to be a potential source of intelligence gathering or espionage
activities detrimental to the United States.
(3) "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 and political subdivisions, including any
agent of the foreign government.
(4) "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 or a national 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.
(5) "Gift" means any transfer of money or property from one entity to another
without compensation.
(6) "Grant" means a transfer of money for a specified purpose, including a
conditional gift.
(7) "Interest" in an entity means any direct or indirect investment in or loan to the
entity valued at five percent or more of the entity's net worth or any form of direct or indirect
control exerting similar or greater influence on the governance of the entity.
(8) "State agency" means any agency or unit of state government created or
established by law.
B.(1) Any state agency or political subdivision that receives directly or indirectly any
gift or grant having a value of fifty thousand dollars or more from a foreign source shall
disclose the gift or grant to the division of administration within thirty days after its receipt.
(2) Disclosures required by this Subsection shall include the date and amount of the
gift or grant and the country of residence or domicile of the foreign source.
C.(1) Any entity that applies to a state agency or political subdivision for a grant or
proposes a contract having a value of one hundred thousand dollars or more shall disclose
the following information to the agency or political subdivision:
(a) Any current or prior interest in any contract received from a foreign country of
concern having a value of fifty thousand dollars or more and whether the interest in the
contract existed or was in force at any time during the previous five years.
(b) Any grant or gift received from a foreign country of concern having a value of
fifty thousand dollars or more and whether the grant or gift was received or in force at any
time during the previous five years.
(2) The disclosure required by this Subsection shall include the following:
(a) The name and mailing address of the disclosing entity.
(b) The amount of the contract, grant, or gift or the value of the interest in the
contract, grant, or gift disclosed.
(c) The applicable foreign country of concern.
(d) The date the contract was executed, and the date of termination of the contract
or interest, if applicable.
(e) The date of receipt of the grant or gift.
(f) The name of the agent or controlled entity that is the source or interest holder.
(3) The division of administration may publish the disclosure information online, and
if published online, the information is considered disclosed to every state agency and
political subdivision.
(4) Once a disclosure is filed and during the term of the grant or contract, the entity
shall revise the disclosure within thirty days after executing a contract or after receipt of a
grant or gift from a foreign country of concern or within thirty days after any interest is
acquired in the entity by a foreign country of concern.
D. Any entity identified as being subject to any governmental sanctions, embargoes,
or other restrictions shall be included on the online procurement system. The division of
administration shall ensure that purchasers using the online procurement system may easily
access all disclosures made by entities participating in the system.
E.(1) After receipt of a referral from the compliance officer of an agency or political
subdivision compliance officer or a sworn complaint based upon substantive information and
reasonable belief, the division of administration is to investigate any allegation of a violation
of this Section.
(2) The division of administration may request records relevant to any reasonable
suspicion of a violation of this Section, and an entity shall provide the records within thirty
days after the request or at a later time agreed to by the division of administration.
F. The division of administration may adopt rules necessary to carry out its
responsibilities under this Section, which rules may identify the federal agencies to be
consulted and the procedure for notifying a vendor of the disclosure requirements under this
Section.

Legislative History

Acts 2022, No. 765, §1, eff. Jan. 1, 2023.