2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2191.1. Foreign gifts and contracts

RS 38:2191.1 - Foreign gifts and contracts
A. As used in this Section, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) "Contract" means any agreement for the direct benefit or use of any party to the agreement, including an agreement for the sale of commodities or services.
(2) "Foreign country of concern" means a country or nation determined by the appropriate federal agency to be a potential source of intelligence gathering or espionage activities detrimental to the United States.
(3) "Foreign government" means the government of any country, nation, or group of nations, or any province or other political subdivision of any country or nation, other than the government of the United States and its states and political subdivisions, including any agent of the foreign government.
(4) "Foreign source" means any of the following:
(a) A foreign government or an agency of a foreign government.
(b) A legal entity, governmental or otherwise, created solely under the laws of a foreign state or states.
(c) An individual who is not a citizen or a national of the United States or of a territory or protectorate of the United States.
(d) An agent, including a subsidiary or an affiliate of a foreign legal entity, acting on behalf of any source defined in Subparagraph (a), (b), or (c) of this Paragraph.
(5) "Gift" means any transfer of money or property from one entity to another without compensation.
(6) "Grant" means a transfer of money for a specified purpose, including a conditional gift.
(7) "Interest" in an entity means any direct or indirect investment in or loan to the entity valued at five percent or more of the entity's net worth or any form of direct or indirect control exerting similar or greater influence on the governance of the entity.
(8) "State agency" means any agency or unit of state government created or established by law.
B.(1) Any state agency or political subdivision that receives directly or indirectly any gift or grant having a value of fifty thousand dollars or more from a foreign source shall disclose the gift or grant to the division of administration within thirty days after its receipt.
(2) Disclosures required by this Subsection shall include the date and amount of the gift or grant and the country of residence or domicile of the foreign source.
C.(1) Any entity that applies to a state agency or political subdivision for a grant or proposes a contract having a value of one hundred thousand dollars or more shall disclose the following information to the agency or political subdivision:
(a) Any current or prior interest in any contract received from a foreign country of concern having a value of fifty thousand dollars or more and whether the interest in the contract existed or was in force at any time during the previous five years.
(b) Any grant or gift received from a foreign country of concern having a value of fifty thousand dollars or more and whether the grant or gift was received or in force at any time during the previous five years.
(2) The disclosure required by this Subsection shall include the following:
(a) The name and mailing address of the disclosing entity.
(b) The amount of the contract, grant, or gift or the value of the interest in the contract, grant, or gift disclosed.
(c) The applicable foreign country of concern.
(d) The date the contract was executed, and the date of termination of the contract or interest, if applicable.
(e) The date of receipt of the grant or gift.
(f) The name of the agent or controlled entity that is the source or interest holder.
(3) The division of administration may publish the disclosure information online, and if published online, the information is considered disclosed to every state agency and political subdivision.
(4) Once a disclosure is filed and during the term of the grant or contract, the entity shall revise the disclosure within thirty days after executing a contract or after receipt of a grant or gift from a foreign country of concern or within thirty days after any interest is acquired in the entity by a foreign country of concern.
D. Any entity identified as being subject to any governmental sanctions, embargoes, or other restrictions shall be included on the online procurement system. The division of administration shall ensure that purchasers using the online procurement system may easily access all disclosures made by entities participating in the system.
E.(1) After receipt of a referral from the compliance officer of an agency or political subdivision compliance officer or a sworn complaint based upon substantive information and reasonable belief, the division of administration is to investigate any allegation of a violation of this Section.
(2) The division of administration may request records relevant to any reasonable suspicion of a violation of this Section, and an entity shall provide the records within thirty days after the request or at a later time agreed to by the division of administration.
F. The division of administration may adopt rules necessary to carry out its responsibilities under this Section, which rules may identify the federal agencies to be consulted and the procedure for notifying a vendor of the disclosure requirements under this Section.
Acts 2022, No. 765, §1, eff. Jan. 1, 2023.