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Saturday 30 January 2010

Thus, a corporation organized in Germany, or with its headquarters in China, remains subject to a ban on spending in U.S. elections. But there are domestic corporations - those organized under state law in the United States - which are and can be controlled by foreign interests. Those kinds of corporations - domestic corporations owned by or controlled by foreign governments, foreign corporations or foreign individuals - are not in any way prevented by section 441e from spending corporate treasury funds to influence U.S. elections. Prior to the Citizens United decision, these corporations were prevented from spending their funds on expenditures to influence federal campaigns by the general prohibition on corporate campaign spending. But now that that prohibition has been struck down, these foreign-controlled domestic companies are free to spend their treasury funds directly to influence U.S. elections. Fred Wertheimer

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