Foreign nationals
Federal law prohibits contributions, donations, expenditures(including independent expenditures) and disbursements solicited, directed, received or made directly or indirectly by or from foreign nationals in connection with any federal, state or local election. This prohibition includes advances of personal funds, contributions or donations made to political party committees and organizations, state or local party committees for the purchase or construction of an office building funds under 11 CFR 300.35, and contributions or disbursements to make electioneering communications.
Foreign nationals are also prohibited from, directly or indirectly, donating to an inaugural committee; and it is a violation of federal law to knowingly accept such donations from a foreign national.
Prohibitions on participation in decision-making
In addition, foreign nationals are prohibited from participating in decisions involving election-related activities. A foreign national may not direct, dictate, control or directly or indirectly participate in the decision-making process of any person (such as a corporation, labor organization, political committeeor political organization) with regard to the person's federal or nonfederal election-related activities. This includes decisions concerning the making of contributions, donations, expenditures or disbursements in connection with any federal state or local election or decisions concerning the administration of a political committee.
Prohibition on providing substantial assistance
Furthermore, it is a violation of federal law to knowingly provide substantial assistance in the making, acceptance or receipt of contributions or donations in connection with federal, state or local elections, to a political party committee or for the purchase or construction of an office building by a state or local party committee. Similarly, it is a violation to provide substantial assistance in the making of a disbursement to make electioneering communications, or an expenditure, independent expenditure or disbursement in connection with a federal, state or local election. This prohibition includes, but is not limited to, acting as a conduit or intermediary for foreign national contributions and donations.
Prohibition of knowing acceptance
For the purposes of this section, knowingly means that a person must:
Have actual knowledge that the source of the funds solicited, accepted or received is a foreign national;
Be aware of facts that would lead a reasonable person to conclude that there is a substantial probability that the source of the funds solicited, accepted or received is a foreign national; or
Be aware of facts that would lead a reasonable person to inquire whether the source of the funds solicited, accepted or received is a foreign national, but the person failed to conduct a reasonable inquiry.
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