2 USC 441 - Sec. 441e. Contributions and donations by foreign nationals

§441e. Contributions and donations by foreign nationals

(a) Prohibition

It shall be unlawful for—

(1) a foreign national, directly or indirectly, to make—

(A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election;

(B) a contribution or donation to a committee of a political party; or

(C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 434(f)(3) of this title); or

(2) a person to solicit, accept, or receive a contribution or donation described in subparagraph (A) or (B) of paragraph (1) from a foreign national.

(b) “Foreign national” defined

As used in this section, the term “foreign national” means—

(1) a foreign principal, as such term is defined by section 611(b) of title 22, except that the term “foreign national” shall not include any individual who is a citizen of the United States; or

(2) an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101(a)(22) of title 8) and who is not lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8.

(Pub. L. 92–225, title III, §319, formerly §324, as added Pub. L. 94–283, title I, §112(2), May 11, 1976, 90 Stat. 493; renumbered §319, Pub. L. 96–187, title I, §105(5), Jan. 8, 1980, 93 Stat. 1354; amended Pub. L. 107–155, title III, §§303, 317, Mar. 27, 2002, 116 Stat. 96, 109.)

Prior Provisions

A prior section 319 of Pub. L. 92–225 was renumbered section 314, and is classified to section 439c of this title.

Another prior section 319 of Pub. L. 92–225 was renumbered section 318, and was classified to section 439b of this title, prior to repeal by Pub. L. 96–187.

Amendments

2002—Pub. L. 107–155, §303(1), substituted “Contributions and donations by foreign nationals” for “Contributions by foreign nationals” in section catchline.

Subsec. (a). Pub. L. 107–155, §303(2), added subsec. (a) and struck out former subsec. (a) which read as follows: “ It shall be unlawful for a foreign national directly or through any other person to make any contribution of money or other thing of value, or to promise expressly or impliedly to make any such contribution, in connection with an election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office; or for any person to solicit, accept, or receive any such contribution from a foreign national.”

Subsec. (b)(2). Pub. L. 107–155, §317, inserted “or a national of the United States (as defined in section 1101(a)(22) of title 8)” after “United States”.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–155 effective Nov. 6, 2002, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 431 of this title.