Federal Election Commission Main Page
January 29, 1982
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ADVISORY OPINION 1981-51
William C. Oldaker
Attorney at Law
1050 17th Street, N.W.
Washington, D.C. 20036
Dear Mr. Oldaker:
This refers to your letter of October 20, 1981, requesting
an advisory opinion on behalf of the Metzenbaum for Senate
Committee ("the Committee") concerning application of the Federal
Election Campaign Act of 1971, as amended ("the Act"), to
acceptance by the Committee of volunteer services donated by an
individual artist who is a foreign national.
Your letter indicates that the Committee contemplates
obtaining a donation of volunteer services from an artist who is a
foreign national. The artist will create for the Committee an
original work of art that will be used for fundraising purposes
by the Committee. You explain that the artist will create for the
Committee "an original work of art by handpainting a number of
gouaches which are then reproduced in limited editions as a unique
Work of art by a unique process by persons working under the
artist's supervision." The artist proposes to allow the
Committee to produce a limited edition from the original works of
art (gouaches) created him, with the Committee to pay all costs of
production.
The first question you ask is whether an individual who is a
foreign national, according to the definition in 2 U.S.C. SS 441e,
may volunteer his services to the Committee to the same extent as
would be permitted under the volunteer services exception in 2
U.S.C. SS 431(8)(B)(i). As you know, SS 441e prohibits any person
who is a foreign national from making "any contribution of money
or other thing of value" in connection with any election to any
political office. It is also unlawful for any person to solicit,
accept, or receive any prohibited contribution from a foreign
national. The current prohibition on contributions by foreign
nationals had its origin in the Foreign Agents Registration Act
Amendments of 1966. Pub. L. No. 89-486, SS 8, 80 Stat. 244 (1966).
At that time the prohibition applied to "any contribution of
money or other thing of value" by an agent of a foreign principal
in connection with any primary or other election to any political
office. 18 U.S.C. SS 613 (1970). The scope of the current
statute, 2 U.S.C. SS 441e, clearly reaches beyond elections for
Federal office, and the term contribution as used here expressly
includes "money or other thing of value." Compare 2 U.S.C.
SS 441a. Accordingly, the Commission concludes that a foreign
national artist would be prohibited by 2 U.S.C. SS 441e from
donating his uncompensated volunteer services to the Committee to
create an original work of art for the Committee's use in
fundraising.
The second question raised in your request is whether the
contribution exception for uncompensated volunteer services
provided by an individual to a candidate or political committee
would apply in the specific situation you describe. This
question is not reached since the Commission has concluded in
responding to your first question that the foreign, national
artist may not donate his volunteer services to the Committee for
the purposes described in your request.
This response constitutes an advisory opinion concerning
application of the Act, or regulations prescribed by the
Commission, to the specific transaction or activity set forth in
your request. See 2 U.S.C. SS 437f.