LAST EDITED ON Jan-20-18 AT 10:37AM (MST)[p]
https://www.fec.gov/help-candidates...aking-receipts/who-can-and-cannot-contribute/
[excerpt]
Foreign nationals
Campaigns may not solicit or accept contributions from foreign nationals. Federal law prohibits contributions, donations, expenditures and disbursements solicited, directed, received or made directly or indirectly by or from foreign nationals in connection with any election ? federal, state or local. This prohibition includes contributions or donations made to political committees and building funds and to make electioneering communications. Furthermore, it is a violation of federal law to knowingly provide substantial assistance in the making, acceptance or receipt of contributions or donations in connection with federal and nonfederal elections to a political committee, or for the purchase or construction of an office building. This prohibition includes, but is not limited to, acting as a conduit or intermediary for foreign national contributions and donations.
A person acts knowingly for the purposes of this section when he or she has:
Actual knowledge that the funds have come from a foreign national;
Awareness of certain facts that would lead a reasonable person to believe that there is a substantial probability that the money is from a foreign national; or
Awareness of facts that should have prompted a reasonable inquiry into whether the source of funds is a foreign national.
Pertinent facts that satisfy the ?knowing? requirement include knowledge of:
Use of a foreign passport or passport number;
Use of a foreign address;
A check or other written instrument drawn on an account or wire transfer from a foreign bank; or
Contributor or donor living abroad.
Domestic subsidiaries of foreign corporations
In advisory opinions, the Commission has said that a United States corporation that is a subsidiary of a foreign corporation may sponsor a separate segregated fund which can in turn make contributions to federal candidates as long as:
The foreign parent does not finance election related contributions or expenditures either directly or through the subsidiary.
No foreign national (including the foreign parent) participates in the operations of the separate segregated fund or in its administration (such as by appointing officers) or in any decision to make donations, contributions, disbursements or expenditures in connection with any federal or nonfederal election.
Determining nationality of contributor
The Commission stated, in AO 1998-14, that the use of any surname on a contribution check (or similar instrument) would not, by itself, give any reason to inquire as to the person?s nationality. Nonetheless, the Commission advised the committee to take the following minimally intrusive steps to ensure that the contributions it received did not come from foreign nationals:
Ensure that public political ads and solicitations directed to audiences outside the U.S. contain a summary of the foreign national prohibition of 52 U.S.C. ? 30121.
Make further inquiry into the nationality of the contributor if the committee receives a contribution postmarked from any non U.S. territory.
Make further inquiry into the nationality of the contributor if the committee receives a contribution indicating that either the bank or the account owner has a foreign address.
In all of the these instances, if the contribution is submitted along with credible evidence (for example, a copy of a valid U.S. passport) that the contributor is a U.S. citizen, a U.S. national or a permanent resident alien, no further inquiry need be made. However, if the committee has actual knowledge that the contributor is in fact a foreign national, it may not rely on these documents as a defense.
