Foreign Gift & Contract Reporting

• What is a "foreign source"?

  20 USC § 1011f(h)(2) defines "Foreign Source" as:

  • a foreign government, including an agency of a foreign government;
  • a legal entity, governmental or otherwise, created solely under the laws of a foreign state or states;
  • an individual who is not a citizen or a national of the United States or a trust territory or protectorate thereof; and
  • an agent, including a subsidiary or affiliate of a foreign legal entity, acting on behalf of a foreign source.
• What is a "contract with a foreign source"?

  Any agreement for the acquisition of property or services by a foreign source; agreements to purchase property or services from a foreign source are not reportable.

• What is a "gift from a foreign source"?

  Any gift of money or property received from a foreign source.

• Where can I find additional information about the law?

  The Department of Education's resource page contains guidance from the Department of Education, as well as an online searchable database of Foreign Gift & Contract reporting data submitted by all US institutions.

DU's Reporting Process

• Who is responsible for reporting?

  Each DU unit that receives a gift from a foreign source or enters into a contract for the acquisition of property or services by a foreign source is responsible for ensuring that the gift or contract is reported to our department if the gift or contract is valued at $5,000 or more.

• What is the process for units to report to our department, and what data must be reported?

  We have developed a Foreign Gift & Contract Reporting Survey that prompts respondents to provide all of the required information; units must use this survey to submit reports to us. Required information includes but is not limited to: gift/contract amount, foreign source name and address, date gift was received and contract start/end dates.

• What does the Department of Enterprise Risk Management do with the reported data?

  We first determine which (if any) reported foreign gifts and contracts amount to $250,000+ when combined with other reported foreign gifts and contracts. For each gift or contract that meets this threshold, we send the reported data to DU's Office of Financial Aid. Financial Aid is then responsible for submitting final reports to the Department of Education.

• What is the deadline for units to report to Enterprise Risk Management?

  All units must ensure that their foreign gift and contract reports are submitted to us (using our Foreign Gift & Contract Reporting Survey) by January 7 or July 7, whichever is sooner, in the calendar year that the gift was received or the contract was executed. Meeting this deadline will ensure that our department and the Office of Financial Aid have adequate time to review and submit the reports to the Department of Education each January 31 and July 31, as required by law.