Law360, New York (November 5, 2015, 10:30 AM EST) -- Private nonoperating foundations are required to make a certain amount of "qualifying distributions" each year (generally at least 5 percent of the average value of the private foundation's assets from the preceding year) for charitable purposes. To meet this goal, grants may be made by a private foundation freely to most types of U.S. public charities. Although grants to organizations located outside of the United States are of interest to many private foundations, most foreign charities do not have determination letters from the IRS recognizing their status as tax-exempt. However, private foundations have long been able to make grants to a foreign organization that is determined in good faith to be equivalent to a U.S. public charity (in a so-called "equivalency determination")....