Ohio Administrative Code › Title 3341 - Bowling Green State University › Chapter 3341-6 - Compliance with Occupational Safety and Health Standards › Section 3341-6-59 - Foreign gifts and contracts reporting

Current through all regulations passed and filed
			 through July 1, 2024
(A)
								Policy statement and purpose
The university receives Title IV
				federal student aid. Section 117 of the Higher Education Act of 1965 (20 U.S.C.
				1011f) requires higher education institutions that receive Title IV federal
				student aid to submit disclosure reports to the secretary of education about
				gifts received from any foreign source, contracts with any foreign entity, and
				any ownership interest in, or control over the higher education institution by
				a foreign entity which the aggregate value is two hundred fifty thousand
				dollars or more. Whenever it appears that an institution has failed to comply
				with the requirements of that section, including any rule or regulation
				promulgated under that section, a civil action may be brought by the attorney
				general.
This policy implements the requirements
				of Section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f), which
				requires the university to disclose gifts, contracts, and/or restricted and
				conditional gifts or contracts from or with foreign sources ("Section 117
				Transaction") to the U.S. department of education ("department"). University
				departments involved in a section 117 transaction must report these
				transactions semi-annually to the controller's office as described in this
				policy.
(B)
								Policy scope
Each unit at Bowling Green state
				university, including university advancement, is responsible for identifying
				and reporting gifts received from any foreign source, contracts with any
				foreign entity, and any ownership interest in, or control over the higher
				education institution by any foreign entity. The department will ensure that
				all the required information to complete the Higher Education Act section 117
				report is recorded and submitted to the controller's office on a semi-annual
				basis. The vice president of the applicable department's division will serve as
				the "signing authority" in attesting to the gifts and contracts reported from
				foreign sources, and all signing authorities accepting contracts and/or gifts
				are expected to report completely and in a timely manner. The controller will
				be responsible for the semiannual reporting of these gifts and
				contracts.
Each department should retain the
				following information in the event there is a need to produce additional
				information later: department/individual recipient, principal investigator's
				name/contact, agreement number, sponsor name, sponsor address, project title,
				amount received and copy of agreement or contract. The aggregate threshold of
				two hundred fifty thousand dollars may be triggered by a combination of gifts
				or contracts from a single foreign source, and that such gifts or contracts (or
				information about those transactions) may be administered in a number of
				departments within the university. For this reason, the controller's office
				shall review the semi-annual submissions and report any gifts or contracts that
				exceed the aggregate threshold for all foreign source contracts and gifts
				received.
HEA section 117 reports are due twice
				per calendar year: January thirty-first (covering the previous July first -
				December thirty-first period) and July thirty-first (covering the previous
				January first -June thirtieth period). A school must report information by
				January thirty-first or July thirty-first (whichever is sooner) after the date
				of receipt of the gifts, date of the contract, or date of ownership or control.
				To facilitate controller's office's aggregation and preparing to file the
				federal report, departments must submit all disclosures by January tenth (for
				the previous July first -December thirty-first period) and July tenth (for the
				previous January first - June thirtieth period).
(C)
								Definitions
(1)
									Contract
Any agreement for the acquisition by
			 purchase, lease, or barter of property or services by the foreign source, for
			 the direct benefit or use of either of the parties.