Foreign Influence

FGCU Follows State and Federal Guidelines Regarding Foreign Influence

Florida Gulf Coast University is committed to facilitating open and publicly accessible research and scholarly activities, both domestically and internationally. However, restrictions must be placed on certain agreements and activities between university faculty members and various foreign universities and institutions that may have a negative impact on federal funding decisions for individual researchers. Issues surrounding foreign influence and international activities in federally funded research has been an evolving topic, one for which the U.S. Government has shown growing concern.

Of particular concern are the cases where researchers are not disclosing these relationships and activities to their university or to U.S. federal sponsors of their work. The recent message from the funding agencies is clear: investigators and their universities must completely disclose all international activities to their sponsors.

Faculty may engage in international research activities without restriction (unless those activities are prohibited by federal law or agency regulations), as long as all activities are disclosed according to FGCU policy, federal law, or agency regulations. Prior to accepting any affiliation with another institution that requires a commitment of time or resources, and irrespective of whether the affiliation is compensated or not, FGCU employees must disclose the activity to the University and receive approval. This includes participation in foreign talent recruitment programs or other affiliations/appointments at another institution.

Training
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Foreign influence training is available through the FGCU account with the Collaborative Institutional Training Initiative (CITI Program)
1. Undue Foreign Influence: Risks and Mitigations (ID: 239118)
2. Conflicts of Interest (ID: 62550)
Foreign Government Talent Recruitment Programs
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As part of the national discussion of inappropriate foreign influence on U.S. research, many federal sponsors, including NIH and NSF, have cited foreign talent recruitment programs as posing a particular threat to the U.S. research community. Participation in foreign government talent recruitment programs (FGTRP) often involves academic or research affiliations with foreign institutions, financial or other in-kind support for a U.S. researcher鈥檚 program, and commitments of time and resources from the U.S. researcher.

The Department of Energy issued Order 486.1, on June 7, 2019, that describes talents programs as follows:

In general, such programs include any foreign-state-sponsored attempt to acquire U.S. scientific-funded research or technology through foreign government-run or funded recruitment programs that target scientists, engineers, academics, researchers, and entrepreneurs of all nationalities working or educated in the United States. 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.

Distinguishing features of a foreign government talent recruitment program covered by this Order include:

(1) Compensation provided by the foreign state to the targeted individual in exchange for the individual transferring their knowledge and expertise to the foreign country. The compensation can take several forms, such as cash, research funding, honorific titles, career advancement opportunities, promised future compensation, or other types of remuneration or consideration.

(2) Recruitment in this context refers to the foreign-state-sponsor鈥檚 active engagement in attracting the targeted individual to join the foreign sponsored program and transfer their knowledge and expertise to the foreign state. The targeted individual may be employed and located in the U.S., or in the foreign state. Recruitment would not necessarily include any invitation for engagement extended by the foreign state, for example, an invitation to attend or present work at an international conference. Many, but not all, programs aim to incentivize the targeted individual to physically relocate to the foreign state. Of particular concern are those programs that allow for continued employment at U.S. research facilities or receipt of DOE research funds while concurrently receiving compensation from the foreign state.

In order to comply with federal, state, and sponsor requirements, all participation in FGTRP must be disclosed to FGCU. Additionally, activities similar to those described above but not labeled as a foreign talent recruitment program must be disclosed (i.e., affiliations or appointments at another institution, whether or not remuneration is received, and whether full-time, part-time, or voluntary鈥攊ncluding adjunct, visiting, or honorary).
International Engagement Examples (Must be reported to ORSP)
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Within the context of international engagements, the examples below illustrate activities one would disclose to FGCU. Note that the below list is not exhaustive, but represents the types of engagements that must be disclosed.
- Academic, research, or administrative appointments at a foreign institution, even if the appointment is uncompensated. This includes appointments that are full-time, part-time, honorary, adjunct, visiting, or voluntary.
- Any agreement with a foreign university for which the FGCU researcher directs non-FGCU students, postdocs, or other personnel affiliated with that university.
- Any foreign affiliation that is included in any publication by the FGCU faculty member.
- Any contractual agreement with a foreign institution, company, or government agency.
- Any non-FGCU agreement in which foreign funds or other resources are provided to the faculty for activities either at FGCU or at a foreign institution.
- Any agreement or relationship that assigns intellectual property (IP) rights to the foreign institution.
- Any agreement or relationship with a foreign entity in which the FGCU researcher or family member receives payments for salary, stipends, or living expenses.
- Receiving travel, living or lodging funds or reimbursements from a foreign entity.
- Receiving an honorarium from a foreign entity.
- Any consulting agreements with a foreign entity.
- Holding a position such as founder, partner, employee, or board member at a company, non-profit, governmental agency, or other foreign entity.
- Having significant ownership interest in a foreign company related to your FGCU role/responsibility, See the Proposal Submission Form and Regulations: FGCU 5.021.
- Financial interests in a foreign entity that does business with or competes with FGCU (including seeking research funding).
If you are participating in any of these activities, it is important that you fully and accurately disclose them to federal Sponsors.

For more information about disclosing outside activities to FGCU, please review Regulation: FGCU-PR 5.012 Outside Employment/Activities

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