Rule 3341-6-59 | Foreign gifts and contracts reporting.
(A) Policy statement and purpose
The university receives Title IV federal student aid. Section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f) requires higher education institutions that receive Title IV federal student aid to submit disclosure reports to the secretary of education about gifts received from any foreign source, contracts with any foreign entity, and any ownership interest in, or control over the higher education institution by a foreign entity which the aggregate value is two hundred fifty thousand dollars or more. Whenever it appears that an institution has failed to comply with the requirements of that section, including any rule or regulation promulgated under that section, a civil action may be brought by the attorney general.
This policy implements the requirements of Section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f), which requires the university to disclose gifts, contracts, and/or restricted and conditional gifts or contracts from or with foreign sources ("Section 117 Transaction") to the U.S. department of education ("department"). University departments involved in a section 117 transaction must report these transactions semi-annually to the controllers office as described in this policy.
(B) Policy scope
Each unit at Bowling Green state university, including university advancement, is responsible for identifying and reporting gifts received from any foreign source, contracts with any foreign entity, and any ownership interest in, or control over the higher education institution by any foreign entity. The department will ensure that all the required information to complete the Higher Education Act section 117 report is recorded and submitted to the controllers office on a semi-annual basis. The vice president of the applicable departments division will serve as the "signing authority" in attesting to the gifts and contracts reported from foreign sources, and all signing authorities accepting contracts and/or gifts are expected to report completely and in a timely manner. The controller will be responsible for the semiannual reporting of these gifts and contracts.
Each department should retain the following information in the event there is a need to produce additional information later: department/individual recipient, principal investigators name/contact, agreement number, sponsor name, sponsor address, project title, amount received and copy of agreement or contract. The aggregate threshold of two hundred fifty thousand dollars may be triggered by a combination of gifts or contracts from a single foreign source, and that such gifts or contracts (or information about those transactions) may be administered in a number of departments within the university. For this reason, the controllers office shall review the semi-annual submissions and report any gifts or contracts that exceed the aggregate threshold for all foreign source contracts and gifts received.
HEA section 117 reports are due twice per calendar year: January thirty-first (covering the previous July first to December thirty-first period) and July thirty-first (covering the previous January first to June thirtieth period). A school must report information by January thirty-first or July thirty-first (whichever is sooner) after the date of receipt of the gifts, date of the contract, or date of ownership or control. To facilitate controllers offices aggregation and preparing to file the federal report, departments must submit all disclosures by January tenth (for the previous July first to December thirty-first period) and July tenth (for the previous January first to June thirtieth period).
(C) Definitions
(1) Contract
Any agreement for the acquisition by purchase, lease, or barter of property or services by the foreign source, for the direct benefit or use of either of the parties.
(2) Foreign source
(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.
(d) An agent, including a subsidiary or affiliate of a foreign legal entity, acting on behalf of a foreign source.
(3) Gift
Any gift of money or property.
(4) Institution
Any institution, public or private, or, if a multi-campus institution, any single campus of such institution, in any state, that:
(a) Is legally authorized with such state to provide a program of education beyond secondary school.
(b) Provides a program for which the institution awards a bachelor's degree (or provides not less than a two year program which is acceptable for full credit toward such a degree) or more advanced degrees.
(c) Is accredited by a nationally recognized accrediting agency or association and to which institutions federal financial assistance is extended (directly or indirectly through another entity or person), which institutions receives support from the extension of federal financial assistance to any of the instutition's subunits.
(5) Restricted or conditional gift or contract
Any endowment, gift, grant, contract, award, present, or property of any kind which includes provisions regarding:
(a) The employment, assignment, or termination of faculty.
(b) The establishment of departments, centers, research or lecture programs, or new faculty positions.
(c) The selection or admission of students.
(d) The award of grants, loans, scholarships, fellowships, or other financial aid restricted to students of a specified country, religion, sex, ethnic origin, or political opinion.
Last updated December 1, 2022 at 10:54 AM
Supplemental Information
Amplifies: 3341