§ 207-A — Disclosure of gifts made to institutions of higher education by foreign governments, persons and entities

§ 207-a. Disclosure of gifts made to institutions of higher education\nby foreign governments, persons and entities. 1. As used in this\nsection: a. The term "foreign government" shall mean any government\nother than the United States government or the government of a state or\na political subdivision thereof and shall include an agent of such\ngovernment;\n b. The term "foreign legal entity" shall mean (i) any legal entity\ncreated under the laws of a foreign government or (ii) any legal entity\ncreated under the laws of the United States or of any state hereof if a\nmajority of the ownership of the stock of such legal entity is directly\nor indirectly owned legally or beneficially by one or more foreign\ngovernments or one or more foreign persons or one or more legal entities\ncreated under the laws of a foreign government or if a majority of the\nmembership of any such entity is composed of foreign persons or legal\nentities created under the laws of a foreign government and shall\ninclude an agent of such legal entity;\n c. The term "foreign person" shall mean any individual who is not a\ncitizen or national of the United States or a trust territory or\nprotectorate thereof and shall include an agent of such individual; and\n d. The term "gift" shall mean any endowment, gift, grant, contract,\naward or property of any kind.\n 2. Every institution authorized by the legislature or by the regents\nof the university of the state of New York to confer academic degrees in\nthis state shall disclose the amount, terms, restrictions and\nrequirements attached to or made a part of any gift of a value in excess\nof one hundred thousand dollars made to such institution by a foreign\ngovernment, foreign legal entity or foreign person in any fiscal year of\nthe institution. If the foreign government, foreign legal entity or\nforeign person makes more than one gift to an institution in any fiscal\nyear of such institution, and the total value of those gifts in such\nfiscal year of the institution exceeds one hundred thousand dollars, the\ninstitution shall report all of such gifts received.\n 3. Such information shall be forwarded to the department no later than\nthirty days after the final day of the fiscal year of the institution.\nThe information shall include:\n a. the amount and the date of the making of the gift;\n b. when the gift is conditional, matching or designated for a\nparticular purpose, full details of the conditions, matching provisions\nor designation;\n c. the name of the foreign government in the case of a gift by a\nforeign government; the name of the foreign country in which a foreign\nentity or foreign person is principally located or resides in the case\nof a gift by a foreign entity or foreign person.\n The name of the foreign entity shall be disclosed in the event of a\ngift which (i) contains conditions or restrictions regarding the control\nof curricula, employment or termination of faculty, admission of\nstudents, student fees or (ii) is contingent upon the agreement of the\ninstitution to take specific public positions or actions or to award\nhonorary degrees; and\n d. the purpose or purposes for which the gift will be used.\n 4. Such information shall be a matter of public record and shall be\nmade available by the department to the general public for review and\ncopying during normal business hours.\n