[Major revision–posted 9/5/13 (replaces 4/26/12 edition)]
Operating Policy and Procedure
OP 02.07: Disclosure of Certain Gifts from Foreign Persons
DATE: September 5, 2013
PURPOSE: The purpose of this Operating Policy/Procedure (OP) is to assure that Texas Tech University (TTU) complies with federal law requiring disclosure to the Secretary of the Department of Education of certain gifts made to TTU from foreign persons or agents.
REVIEW: This OP will be reviewed in April of even-numbered years by the vice chancellor for institutional advancement (VCIA). Changes will be made with the concurrence of the senior vice chancellor/chief financial officer and the vice chancellor/general counsel.
1. Any TTU faculty member, staff member, student, or student organization who is approached by a potential donor who is either a foreign source or a representative of a foreign source must immediately contact the VCIA with the following information about the potential gift:
a. Name of the donor;
b. Value of amount of the gift;
c. The date of the gift;
d. The donor's country of citizenship or, if unknown, the principal residence for a foreign source who is an individual;
e. The donor's country of creation, or, if unknown, the principal place of business for a foreign source which is a legal entity; and
f. Any restrictions or conditions placed on the gift by the donor and whether any other donors have attempted to impose similar conditions upon their gifts within the current fiscal year.
2. If the gift is accepted by TTU, the VCIA or designee will be responsible for the filing of the disclosure statement with the Secretary of the Department of Education, in accordance with 20 U.S.C. §1011f. TTU shall submit a foreign source gift report to the Secretary of the Department of Education's Federal Student Aid (FSA) Case Management Team no later than the January 31 or July 31 (whichever is sooner) following the receipt of the gift from a foreign source valued at $250,000 or more, either alone or when considered in combination with all other gifts from that foreign source within a calendar year.
a. "Gift" means any gift of money or property to TTU.
b. "Foreign Source" means a foreign government or any agency thereof, a legal entity created under the laws of a foreign state; an individual who is not a citizen or national of the United States or a trust territory or protectorate thereof; or an agent acting on behalf of a foreign source.
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