53H-8-501. General provisions -- Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 10/14/2025

As used in this part:

(1)"Conditional gift" means a gift as defined in Subsection

(4)that is subject to conditions:

(a)imposed, requested, or provided by a foreign government or foreign person; and

(b)that relate to:

(i)what kinds of teachers or students may benefit from the gift; or

(ii)a description of the subject matter to be taught with the support of the gift.

(2)"Foreign government" means a government other than the government of:

(a)the United States;

(b)a state within the United States;

(c)a territory or possession of the United States; or

(d)a political subdivision of the United States.

(3)"Foreign person" means:

(a)a foreign government defined in Subsection

(2);

(b)an individual who is not a citizen or national of the United States or of a territory or protectorate of the United States;

(c)a corporation, partnership, joint venture, proprietorship, trust, association, or other entity that is created or organized under the laws of a foreign government or that has its principal place of business located outside the United States;

(d)if known by the institution, a corporation, partnership, joint venture, proprietorship, trust, association, or other entity that is created or organized pursuant to the laws of the United States or a state within the United States, if a majority of the stock or other equity interest is directly or indirectly owned by, or which derives a majority of its funding from:

(i)a foreign government;

(ii)an individual described in Subsection (3)(b) ; or

(iii)an entity described in Subsection (3)(c) or

(d); or

(e)if known by the institution, a committee or other group in which a majority of the membership is composed of:

(i)a foreign government;

(ii)an individual described in Subsection (3)(b) ; or

(iii)an entity described in Subsection (3)(c) or

(d).

(4)"Gift" means an endowment, scholarship, gift, donation, or grant of money or property of any kind.

(5)"Restricted foreign entity" means:

(a)a company that the United States Secretary of Defense is required to list as a military company under the requirements of federal national defense authorization acts;

(b)any affiliate of a company described in Subsection (6)(a) ;

(c)the country with a commercial or defense industrial base of which a company described in Subsection (6)(a) is a part; or

(d)any subsidiary of a company described in Subsection (6)(a) or a country described in Subsection (6)(c) .

Renumbered and Amended by Chapter 8 , 2025 Special Session 1