The Catholic University of America

Responsibilities of the Vice President for University Advancement

Federal Laws

Disclosure Requirements on Foreign Source Interests

By January and July 31 of each year, a postsecondary institution must file a disclosure report about ownership or control by, or contracts with or gifts from foreign sources. The institution must make the disclosure by January 31 for the prior year July 1 to December 31, and by July 31 for the year immediately preceding Jan. 1 to June 30 period.

Gifts and contracts of $250,000 or more (individual or in combination with other gifts from and/or contracts with the same foreign source) received or contracted within a calendar year must be reported to the Department of Education. This report must also be made available to the public during regular business hours (20 U.S.C. §1011f(e)). This disclosure report should contain the dollar amount of gifts received from and/or contracts entered into with a foreign source other than a foreign government, the amount of gifts received from or contracts entered into with a foreign government, and if the U.S. institution is owned or controlled by a foreign source, the identity of the foreign source, the date the foreign source gained ownership or control, and institutional program or structural changes that took place as a result of the change in ownership or control. If a restricted or conditional gift and/or contract is received by an institution, the following must also be disclosed: 1) the amount, date, and description of the conditions and restrictions for gifts received from and/or contracts entered into with a foreign source (other than a foreign government) as well as country of citizenship and country of incorporation; and 2) the amount, date, description of conditions and restrictions, name of foreign governments for gifts received from and/or contracts entered into with a foreign government.

A foreign source is a foreign government, including an agency of a foreign government, a legal entity created solely under the law of a foreign state or states; an individual who is not a citizen or national of the US; and an agent acting on or behalf of a foreign source.

It is the responsibility of the Vice President for University Advancement to report any gifts from a foreign source to the Treasurer's Office.

The Telemarketing and Consumer Fraud and Abuse Prevention Act

15 U.S.C. § 6101 et. seq., 16 CFR Part 310

Congress enacted this legislation to offer consumers necessary protection from telemarketing deception and abuse. The law directs the Federal Trade Commission (FTC) to prescribe rules prohibiting deceptive telemarketing acts or practices.

While not-for-profit organizations are generally not covered by this law, universities that contract with third party firms to conduct phone solicitations must follow some of the provisions of the Telemarketing Sales Rule. Third party firms calling on behalf of charitable organizations must honor individual requests to not receive future calls, and must have a written process in place (including training of personnel) to ensure compliance.

The Vice President of University Advancement is responsible for ensuring training and oversight of third party firms (by contract) to honor requests not to receive further calls.

Resources

Federal Student Aid Handbook for 2008-2009 Award Year Volume 2, Chapter 3 starting at page 39.

Related Policies

Information Assurance Policy