I'll start with the second point and come back to the first one.
I have made a recommendation. I do believe it would be preferable to have a clear anti-avoidance clause to deal with situations where an entity deliberately reaches out...or is offered money from a foreign source so that they can cover their regular expenses and then liberate some funds for the third party regulated activities. If that's the intent, if that's getting around the rules, then there should be a clear clause to that effect.
That would be an improvement.