Extracted from FEDERAL ELECTION CAMPAIGN LAWS pages 86 and 87
§ 441e. Contributions and donations by foreign nationals1
(a) Prohibition. It shall be unlawful for
(1) a foreign national, directly or indirectly, to make
(A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election;
(B) a contribution or donation to a committee of a political party; or
(C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3)) (2 U.S.C. § 434(f)(3)); or
(2) a person to solicit, accept, or receive a contribution or donation described in subparagraph (A) or (B) of paragraph (1) from a foreign national.
(b) As used in this section, the term “foreign national” means
(1) a foreign principal, as such term is defined by section 611(b) of title 22,2 except that the term “foreign national” shall not include any individual who is a citizen of the United States; or
(2) an individual who is not a citizen of the United States or a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act)3 and who is not lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8.4
1 Section 303 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-155, amended section 441e by revising the title of the section and the wording of subsection (a). This amendment is effective as of November 6, 2002.
2 22 U.S.C. § 611(b) provides:
“(b) The term “foreign principal” includes
(1) a government of a foreign country and a foreign political party;
(2) a person outside of the United States, unless it is established that such person is an individual and a citizen of and domiciled within the United States, or that such person is not an individual and is organized under or created by the laws of the United States or of any State or other place subject to the jurisdiction of the United States and has its principal place of business within the United States; and
(3) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country.”
3 Section 317 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-155, amended section 441e(b)(2) to insert a cross reference to the Immigration and Nationality Act. This amendment is effective as of November 6, 2002.
4 8 U.S.C. § 1101(a)(20) provides: “(20) The term lawfully admitted for permanent residence means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.”