Foreign Influence & International Activities

These questions are provided as a starting point to help researchers identify productive international collaboration opportunities , and mitigate concerns. As you review these questions, in relation to an international activity you may be considering, if you are not able to clearly answer the questions, if it seems the work primarily benefits the other institution (not UNL), and/or or you are unsure of any aspect of the activity, please reach out to the RCIS Office for guidance: 402-472-6965 or squinn@unl.edu

• What are the expected benefits of the collaboration to UNL, your professional progress, the research community and the country (U.S.)?
• Is it a true collaboration – will both sides contribute meaningfully and benefit intellectually?
• Is the engagement fundamental research? Is the research basic and applied where the results are ordinarily published and shared broadly? If not, what are the collaborating institution’s policies around creating the engagement? Do the policies include attempts to restrict open publication of results?
• Are the terms of the engagement clear, in writing (translated to English), and can be reviewed by UNL administration? Does any aspect of the engagement seem unusual, unnecessary, or poorly specified? Have all senior participants and their affiliations been identified?
• Are intellectual property rights clear? Have you discussed any ownership possibility or concerns with NUtech Ventures?
• Where do funding and resources come from? Is it clear what each party is providing? Has or will UNL Sponsored Programs be involved in processing an award or portion thereof? Or, will you be paid personally? Being paid personally potentially implies that this activity is not part of your institutional responsibilities, so you should be mindful if personal payments or other forms of remuneration are being offered and ensure you are asking for approval prior to acceptance.
• Are all participants’ conflicts of interest and commitment documented? Are there any aspects of the engagement that are not to be disclosed to any participants? If so, why?
• Are all tangible existing or to-be-generated assets of the engagement known, such as data, metadata, and profits? How will assets be shared? Who decides how they are allocated?
• Are visits in each direction part of the engagement? Are scholars expected to reside away from their home institutions? If so, how are they chosen for participation in the engagement?
• What are the reporting requirements to home institutions or organizations?
• Who will control the dissemination of resulting research?
• How would you, as a participant, end the engagement? Are you not able to end the engagement or is it unclear?
• How long is the engagement going to be and is it compliant with NU/UNL Conflict of Commitment policies or federal sponsor policies on  Conflict of Commitment, Biosketches, and Other Support?

A Foreign Talent Recruitment Program is any program, position, or activity that includes compensation in the form of cash, in-kind compensation, including research funding, promised future compensation, complimentary foreign travel, things of non de minimis value, honorific titles, career advancement opportunities, or other types of remuneration or consideration directly provided by a foreign country at any level (national, provincial, or local) or their designee, or an entity based in, funded by, or affiliated with a foreign country, whether or not directly sponsored by the foreign country, to an individual, whether directly or indirectly stated in the arrangement, contract, or other documentation at issue.

These recruitment programs are often part of broader whole-of-government strategies to reduce costs associated with basic research while focusing investment on military development or dominance in emerging technology sectors. Not all talent programs are problematic; however, some federal agencies do not allow members of talent programs from countries of concern to participate in certain federal funding projects.

Members of talent programs that meet certain “malign,” criteria cannot apply for or participate in federally funded projects. Therefore, Faculty, staff, and students at UNL are prohibited from participating in Foreign Talent Recruitment Programs.

Reference:  OSTP definition from the White House dated 15 February 2024.

Consistent with Section 10632(d) of the Act, a Foreign Talent Recruitment Program does not include the following international collaboration activities, so long as the activity is not funded, organized, or managed by an academic institution or a Foreign Talent Recruitment Program on the lists developed under paragraphs (8) and (9) of Section 1286(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note; Public Law 115-232): Reference pages 17-21.

1. Making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law;
2. Participating in international conferences or other international exchanges, research projects or programs that involve open and reciprocal exchange of scientific information, and which are aimed at advancing international scientific understanding and not otherwise controlled under current law;
3. Advising a foreign student enrolled at an institution of higher education or writing a recommendation for such a student, at such student’s request; and
4. Engaging in the following international activities:
   1. Activities that are partly sponsored or otherwise supported by the United States such as serving as a government appointee to the board of a joint scientific fund (e.g., the U.S.- Israel Binational Industrial Research and Development Foundation); providing advice to or otherwise participating in international technical organizations, multilateral scientific organizations, and standards setting bodies (e.g., the International Telecommunications Union, Intergovernmental Panel on Climate Change, etc.); participating in a Fulbright Commission program funded in whole or in part by a host country government; or other routine international scientific exchanges and interactions such as providing invited lectures or participating in international peer review panels.
   2. Involvement in national or international academies or professional societies that produce publications in the open scientific literature that are not in conflict with the interests of the federal research agency (e.g., membership in the Pontifical Academy of Sciences or The Royal Society).
   3. Taking a sabbatical, serving as a visiting scholar, or engaging in continuing education activities such as receiving a doctorate or professional certification at an institution of higher education (e.g., the University of Oxford, McGill University) that are not in conflict with the interests of the federal research agency.
   4. Receiving awards for research and development which serve to enhance the prestige of the federal research agency (e.g., the Nobel Prize).
   5. Other international activities determined appropriate by the federal research agency head or designee

Malign foreign talent recruitment programs are programs, positions or activities sponsored by a country of concern (China, Iran, North Korea or Russia) or by certain academic institutions. They include one or more of the following indicators:

• Engagement in the unauthorized transfer of intellectual property or other nonpublic information.
• Recruiting trainees or researchers to enroll in such program, position, or activity.
• Establishment of a laboratory, employment or appointment in a foreign country in violation of the terms and conditions of a U.S. federally funded research award.
• Inability to terminate program contract or agreement.
• Overcapacity, overlap or duplication.
• Research funding from the foreign institution’s government.
• Omission of U.S. home institution and/or funding agency acknowledgement.
• Nondisclosure of program participation.
• Conflict of interest and/or conflict of commitment.

It is not illegal to engage in malign foreign talent recruitment programs, but these activities are not allowed at UNL due to the concerns over this type of work and the significant funding restrictions the university and research personnel may face when engaging in a talent program. Additionally, the CHIPS Act has prohibited federal funding agencies from issuing awards to anyone who participates in a malign program.

The full definition from CHIPS and Science Act of 2022 is: The term ‘‘malign foreign talent recruitment program’’ means:

• (A) any program, position, or activity that includes compensation in the form of cash, in-kind compensation, including research funding, promised future compensation, complimentary foreign travel, things of non de minimis value, honorific titles, career advancement opportunities, or other types of remuneration or consideration directly provided by a foreign country at any level (national, provincial, or local) or their designee, or an entity based in, funded by, or affiliated with a foreign country, whether or not directly sponsored by the foreign country, to the targeted individual, whether directly or indirectly stated in the arrangement, contract, or other documentation at issue, in exchange for the individual
  • (i) engaging in the unauthorized transfer of intellectual property, materials, data products, or other nonpublic information owned by a United States entity or developed with a Federal research and development award to the government of a foreign country or an entity based in, funded by, or affiliated with a foreign country regardless of whether that government or entity provided support for the development of the intellectual property, materials, or data products;
  • (ii) being required to recruit trainees or researchers to enroll in such program, position, or activity;
  • (iii) establishing a laboratory or company, accepting a faculty position, or undertaking any other employment or appointment in a foreign country or with an entity based in, funded by, or affiliated with a foreign country if such activities are in violation of the standard terms and conditions of a Federal research and development award;
  • (iv) being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;
  • (v) through funding or effort related to the foreign talent recruitment program, being limited in the capacity to carry out a research and development award or required to engage in work that would result in substantial overlap or duplication with a Federal research and development award;
  • (vi) being required to apply for and successfully receive funding from the sponsoring foreign government’s funding agencies with the sponsoring foreign organization as the recipient;
  • (vii) being required to omit acknowledgment of the recipient institution with which the individual is affiliated, or the federal research agency sponsoring the research and development award, contrary to the institutional policies or standard terms and conditions of the federal research and development award;
  • (viii) being required to not disclose to the Federal research agency or employing institution the participation of such individual in such program, position, or activity; or
  • (ix) having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award; and
• (B) a program that is sponsored by
  • (i) a foreign country of concern or an entity based in a foreign country of concern, whether or not directly sponsored by the foreign country of concern;
  • (ii) an academic institution on the list developed under section 1286(c)(8) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note; Public Law 115-232); or
  • (iii) a foreign talent recruitment program on the list developed under section 1286(c)(9) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note; Public Law 115-232).

• Please reference the RCIS Conflict of Interest website for policies, FAQs, and guidance information.
• Disclose your outside professional activities and financial relationships, whether compensated or uncompensated, through the COI/COC Disclosure in NuRamp. Disclosures must include, but are not limited to, all work for, or financial interests in or received from, a foreign institution of higher education or the government or quasi-government organization of another country. 
• Comply with all disclosure requirements related to public sharing of your research. These requirements will be detailed by the conflict of interest committee if you have a management plan regarding a financial conflict of interest in research. However, many sponsors, journals, presentations, and other publications also have expanded requirements for disclosure.

• Please reference the International Travel Services website for policies, FAQs, and guidance information regarding international travel security and travel to high-risk countries.
• Comply with the University of Nebraska Travel Policy and completion of trip requests in Firefly.

Following completion of your pre-trip travel request in Firefly, you will receive an automated notification from NuRamp. If you are traveling to a country of concern, the notification will request that you also complete the Export Control International Travel Checklist. This checklist must be completed prior to your travel.

Please reference the Office of Global Partnerships & Initiatives website for FAQs and guidance information.

• Please reference the Office of Sponsored Programs website for policies, FAQs and guidance information.
• Through updated Biosketches, CVs, and OtherSupport, disclose information to Sponsored Programs and federal funding agencies regarding all sponsored projects you may be involved in that include any foreign sources of funding.
  • Report on foreign components (“the performance of any significant scientific element or segment of a project outside of the U.S. either by the recipient or by a foreign organization, whether or not grant funds are expended).” The following are considered foreign components:
  • Research at a foreign site involving human subjects or animals;
  • Extensive foreign travel for the purpose of data collection, surveying, sampling, and similar activities; and
  • Activities that may have an impact on U.S. foreign policy through involvement in the affairs or environment of a foreign country (e.g., through an impact on another country’s wildlife, population, or environment).
• Federal agencies may also consider the following activities as a foreign component:
  • Collaborations with investigators at a foreign site anticipated to result in co-authorship;
  • Use of facilities or instrumentation at a foreign site; and
  • Receipt of financial support or resources from a foreign entity in connection with performance that occurs at a foreign site
• As a reminder, report all resources for research. This includes any research support you receive. Examples include, but are not limited to:
  • Financial support from a foreign award for work conducted outside the U.S. and/or outside the investigator’s UNL appointment, whether received by an investigator or another organization;
  • Equipment or research material provided by a foreign organization;
  • Consulting relationships relating to your expertise; Work with visiting personnel who are supported by a foreign organization; or
  • Funds received from a foreign recruitment program (e.g., China’s Thousand Talents Program or other “Talents Programs”).
• Individuals may not make arrangements or commitments that would contractually bind the University. Appropriate involvement, review, and approvals from the institution and applicable signatory official(s) is required.

• Please reference the NUtech Ventures website for policies, FAQs, and guidance information.
• Disclose intellectual property to NUtech in a timely manner, including any IP that involves international collaborations or involvement.

• Please reference the RCIS Export Control website for policies, FAQs, and guidance information.
• Comply with U.S. export control regulations when your work involves publication restrictions, traveling internationally, participating in international collaborations, restrictions from the sponsor or contract, using proprietary information or software, working with international faculty, staff, or students, hosting international visitors, shipping materials internationally, or engaging in international transactions.
• Compliance with these regulations also require that UNL will not host visitors, enter into contracts, do business, or engage in any activity with entities listed on a United States Government Restricted Party List. The Export Control Compliance Program can easily and quickly screen people and entities to ensure they do not appear on any such listing.

Condensed Risk Matrices (credit- Vanderbilt University)

NIH Decision Matrix for Assessing Potential Foreign Interference

DOE Decision Matrix

DOE Research Technology and Economic Security Resources