U.S. Code » Title 52 » Subtitle Subtitle III— Federal Campaign Finance › Chapter CHAPTER 301— FEDERAL ELECTION CAMPAIGNS › Subchapter SUBCHAPTER I— DISCLOSURE OF FEDERAL CAMPAIGN FUNDS

52 U.S.C. § 30121

Contributions and donations by foreign nationals

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(a) ProhibitionIt 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 30104(f)(3) of this title); 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) “Foreign national” definedAs 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, 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 1101(a)(22) of title 8) and who is not lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8.(Pub. L. 92–225, title III, § 319, formerly § 324, as added Pub. L. 94–283, title I, § 112(2), May 11, 1976, 90 Stat. 493; renumbered § 319, Pub. L. 96–187, title I, § 105(5), Jan. 8, 1980, 93 Stat. 1354; amended Pub. L. 107–155, title III, §§ 303, 317, Mar. 27, 2002, 116 Stat. 96, 109.)Editorial NotesCodification

Section was formerly classified to section 441e of Title 2, The Congress, prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 319 of Pub. L. 92–225 was renumbered section 314, and is classified to section 30115 of this title.

Another prior section 319 of Pub. L. 92–225 was renumbered section 318, and was classified to section 439b of Title 2, The Congress, prior to repeal by Pub. L. 96–187.

Amendments

2002—Pub. L. 107–155, § 303(1), substituted “Contributions and donations by foreign nationals” for “Contributions by foreign nationals” in section catchline.

Subsec. (a). Pub. L. 107–155, § 303(2), added subsec. (a) and struck out former subsec. (a) which read as follows: “It shall be unlawful for a foreign national directly or through any other person to make any contribution of money or other thing of value, or to promise expressly or impliedly to make any such contribution, in connection with an election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office; or for any person to solicit, accept, or receive any such contribution from a foreign national.”

Subsec. (b)(2). Pub. L. 107–155, § 317, inserted “or a national of the United States (as defined in section 1101(a)(22) of title 8)” after “United States”.

Statutory Notes and Related SubsidiariesEffective Date of 2002 Amendment

Amendment by Pub. L. 107–155 effective Nov. 6, 2002, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 30101 of this title.

Notes of Decisions
Cited in 24 cases (13 in the last 5 years), 2015–2026 · leading case: United States v. Ravneet Singh, 979 F.3d 697 (9th Cir. 2020).
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United States v. Ravneet Singh, 979 F.3d 697 (9th Cir. 2020). · cites it 5× “SINGH 3 Rejecting appellants’ contention that Congress lacks the power to prohibit foreign nationals from donating and contributing to state and local elections, the panel held that Congress acted within its constitutional authority in enacting 52 U.S.C. § 30121 (a). Bound by…”
United States v. Kukushkin, 61 F.4th 327 (2d Cir. 2023). · cites it 7× “) following a jury 4 trial where he was convicted of one count of conspiring to illegally donate 5 monies to a political campaign in violation of 52 U.S.C. §§ 30121 , 30122 and 18 6 U.S.C.”
Rochelle Garza v. Eric Hargan [ORDER IN SLIP OPINION FORMAT], 874 F.3d 735 (D.C. Cir. 2017). · cites it 2× “Having discarded centuries of precedent and policy, the majority offers no limiting principle to constrain this Court or any other from following today’s decision to its logical end.”
Wendy Wagner v. Fed. Election Comm'n, 793 F.3d 1 (D.C. Cir. 2015). “2011) (three-judge court) (upholding ban on contributions by foreign nationals, 52 U.S.C. § 30121 (a)), summ. aff'd, — U.”
Indep. Inst. v. Fed. Election Comm'n, 216 F. Supp. 3d 176 (D.D.C. 2016). “]”); 52 U.S.C. § 30121 (a)(1)(C) (“It shall be unlawful for a foreign national, directly or indirectly to make an expenditure, independent expenditure, or disbursement for an electioneering communication!;.”
Citizens for Responsibility & Ethics in Wash. v. Fed. Election Comm'n, 316 F. Supp. 3d 349 (D.C. Cir. 2018). “§ 510 (c) (prohibiting Presidential Inaugural Committee from "accept[ing] any donation from a foreign national") and 52 U.S.C. § 30121 (a) (making "unlawful for [ ] a foreign national, directly or indirectly, to make [ ] a contribution or donation of money or other thing of…”
United States v. Shen Zhen New World I, LLC, 115 F.4th 1167 (9th Cir. 2024). “See 52 U.S.C. § 30121 . It is in the political-contributions context that the Government must prove that a defendant public official received a contribution “in return for an explicit promise or undertaking” to perform or not perform an official act.”
United States v. Jesse Benton, 98 F.4th 1119 (D.C. Cir. 2024). “§ 371 (Count One); soliciting a contribution from a foreign national in violation of FECA, 52 U.S.C. § 30121 (Count Two); serving as a conduit for a FECA “contribution” in violation of 52 U.”
United States v. Ravneet Singh, 924 F.3d 1030 (9th Cir. 2019). · cites it 5× “Rejecting appellants’ contention that Congress lacks the power to prohibit foreign nationals from donating and contributing to state and local elections, the panel held that Congress acted within its constitutional authority in enacting 52 U.S.C. § 30121 (a). Bound by the…”
United States v. Manafort, 314 F. Supp. 3d 258 (D.C. Cir. 2018). “§§ 1956 and 1957 (money laundering and money laundering conspiracy); 52 U.S.C. §§ 30121 (a)(1)(A) and (a)(2) (foreign national contributions); and 18 U.”
United States v. Manafort, 323 F. Supp. 3d 795 (E.D. Va. 2018). “§§ 1956 and 1957 (money laundering and money laundering conspiracy); 52 U.S.C. §§ 30121 (a)(1)(A) and (a)(2) (foreign national contributions); and 18 U.”
United States v. Jeffrey Fortenberry, 89 F.4th 702 (9th Cir. 2023). “See 52 U.S.C. § 30121 . 6 USA V. FORTENBERRY Attorney’s Office for the Central District of California.”
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