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13.16 / Foreign Gifts and Contracts

Purpose:
The purpose of this statement is to set forth University policy with regard to the reporting of contracts with or gifts from a foreign source.  

Preamble:
The Higher Education Act of 1965, as amended, requires institutions that receive a gift from or enter into a contract with a foreign source, the value of which is $250,000 or more, to file a disclosure report with the U.S. Department of Education.  

Policy Statement:

1.  Any gift of value from a foreign source must be reported to the General Counsel within twenty (20) business days of the receipt of such gift to facilitate a determination of whether a disclosure report is required. 

2.  Any contract of any value with a foreign source must be submitted to the General Counsel thirty (30) days prior to the desired effective date of the contract to facilitate contract review pursuant to Section 1.04 and a determination of whether a disclosure report will be required. 

3.  For purposes of this policy, "foreign source" means:


a.
a foreign government, including 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 a trust territory or protectorate thereof; and  


d.
an agent, including a subsidiary or affiliate of a foreign legal entity, acting on behalf of a foreign source. 

Implementation:
This policy shall be included in the WSU Policies and Procedures Manual and shared with appropriate constituencies of the University.

The General Counsel shall have primary responsibility for publication, dissemination and distribution of this University policy.

Effective Date:
August 15, 2011

(See also Execution of Contracts at Section 1.04 of this manual.)

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