Foreign Entities and U.S. Elections

FOREIGNERS AND ELECTIONS

The Act and Commission regulations include a broad prohibition on foreign national activity in connection with elections in the United States. 52 U.S.C. § 30121 and generally, 11 CFR 110.20. In general, foreign nationals are prohibited from the following activities:

    Making any contribution or donation of money or other thing of value, or making any expenditure, independent expenditure, or disbursement in connection with any federal, state or local election in the United States;
    Making any contribution or donation to any committee or organization of any national, state, district, or local political party (including donations to a party nonfederal account or office building account);
    Making any disbursement for an electioneering communication;
    Making any donation to a presidential inaugural committee.

Persons who knowingly and willfully engage in these activities may be subject to an FEC enforcement action, criminal prosecution, or both.

The following groups and individuals are considered "foreign nationals" and are subject to the prohibition:

    Foreign citizens (not including dual citizens of the United States);
    Immigrants who are not lawfully admitted for permanent residence;
    Foreign governments;
    Foreign political parties;
    Foreign corporations;
    Foreign associations;
    Foreign partnerships; and
    Any other foreign principal, as defined at 22 U.S.C. § 611(b), which includes a foreign organization or “other combination of persons organized under the laws of or having its principal place of business in a foreign country.”