Agreements with Foreign Principals

Q1:     What agreements are subject to this requirement?

A:       “Agreement” is defined broadly by Florida Statutes to include “a written statement of mutual interest in academic or research collaboration.” 

• The BOG has further interpreted the term “agreement” to include:
• Hiring a foreign principal for academic, administrative, research purposes, or as research scholars
• Collaborating with a foreign principal on a research project in furtherance of the university’s mission
• Sharing data with a foreign principal
• Engaging in a student exchange program in a foreign country of concern
• Partnerships facilitated by third-party providers on behalf of State University System institutions
• Licensing intellectual property for academic or research purposes from a foreign principal
• Licensing intellectual property for academic or research purposes to a foreign principal

• This requirement only applies to “Agreements” or renewals entered into on or after July 1, 2023.
• Examples of agreements involving foreign countries of concern that may require BOG review include, but are not limited to:
  
  • Research grants or other sponsored project agreements
  • Employment offers/contracts
  • Visiting scholar agreements

For specific guidance on other types of activities, please contact ForeignInfluenceCompliance@fsu.edu.
 

Q2:     What is a Foreign Principal?

A:       “Foreign Principal” means [s. 288.860(1), F.S.]:

• The government or an official of the government of a foreign country of concern;
• A political party or a member of a political party in a foreign country of concern;
• A partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, or a subsidiary thereof; or
• Any person who is domiciled in a foreign country of concern and is not a citizen or lawful permanent resident of the United States.
   

Q3:    What are Foreign Countries of Concern?

A:     “Foreign Country of Concern” means [s. 288.860(1), F.S.]:

• The People’s Republic of China (including Hong Kong and Macau, but excluding Taiwan);
• The Russian Federation;
• The Islamic Republic of Iran;
• The Democratic People’s Republic of Korea;
• The Republic of Cuba;
• The Venezuelan regime of Nicolás Maduro; or
• The Syrian Arab Republic.
   

Q4:     Where is an individual considered domiciled?

A:       BOG guidance defines domicile as physical presence in a foreign country of concern with an intent to return thereto. Intent is demonstrated by the individual not seeking citizenship in the United States. For purposes of employment or visiting researcher agreements, the university considers an individual to be domiciled in the country where they are physically located at the time an offer of employment is made, or at the time a visiting scholar agreement is signed, regardless of citizenship.

Note that, for purposes of this requirement, domicile does not depend upon the length of time the individual is located in a foreign country of concern or other country. Domicile is based on the individual's location at a specified point in time.
 

Q5:     How do I get started with the BOG review process for hiring or hosting a Foreign Principal?

A:     The first step is to contact your department HR representative to start an Export Control request in the Research Administration Management Portal (RAMP) providing the necessary screening documents. The internal review process will begin, followed by submission to the FSU Board of Trustees and Florida Board of Governors (see Q7).
 

Q6:    Should I enter candidates in RAMP for review when the offer is made or when the candidate accepts the offer?

A:     For ALL candidates (students offered assistantships, other employees, or visiting researchers) from or residing in foreign countries of concern, the department should enter the candidate in RAMP for initial review at the time a contingent offer or invitation is extended. For F-1 and J-1 students, this will allow the screening and visa application processes to proceed at the same time. For all other employees and visitors, including J-1 and H-1B employees (postdoctoral scholars, faculty, research scientists, etc.) visa application processing will not begin until the candidate has cleared all applicable screenings in RAMP, including BOG review, if required.
 

All international candidates for research and research-related positions, regardless of whether they are foreign principals of a foreign country of concern, are required to be entered in RAMP for screening. See Section 1010.35 Screenings of Foreign Researchers page for more information.
 

Q7:    What should I do if a candidate declines an offer or invitation?

A:     Please discard the Export Control request in RAMP and email ForeignInfluenceCompliance@fsu.edu.
 

Q8:    What should I do if a candidate declines an offer or invitation?

A:     The timing of the process depends on 1) the time needed to conduct internal reviews and 2) the meeting schedules of the Florida State University Board of Trustees (BOT) and the Florida Board of Governors (BOG). The internal review is conducted by the Office of Research Compliance Programs, Office of Compliance and Ethics, and the Foreign Interference Task Force. Proposed items requiring board review will be submitted according to applicable meeting schedules and related submission deadlines.
 

Q9:    What are the criteria for BOG review? Are there any kinds of agreements that will automatically not be approved?

A:     The activity must be deemed by the BOG to be valuable to students and the university and not detrimental to the safety or security of the United States or its residents. Activities that are primarily for the benefit of the foreign principal and have little or no benefit to the university are unlikely to be submitted for review.
 

Q10:   If an F-1 student proves personal or family funding to obtain the form I-20, can they be hired on an Assistantship once they arrive in the U.S.?

A:     If an F-1 student (any/all F-1 students, not just students from foreign countries of concern) uses personal or family funding to obtain the form I-20, then that student must remain on personal/family funding for the duration of the period for which they provided proof of funding. Because the U.S. Department of State requires initial students to prove funding for at least 12 consecutive months, students with personal/family funding must remain on personal/family funding for a minimum of 12 consecutive months before changing their funding source/type. 
 

Please note, future assistantships should not be promised to applicants. Future assistantships will only be awarded through a meritorious process and as allowable by law, as defined by each academic program.  
 

Q11:   If an F-1 student is offered a scholarship, can they be offered an Assistantship once they arrive in the U.S.?

A:     If an F-1 student (any/all F-1 students, not just students from foreign countries of concern) is offered a scholarship for the first full year by the department and uses that scholarship to obtain the form I-20, then that student must remain on scholarship funding for the duration of the period for which they provided proof of funding. Because the U.S. Department of State requires initial students to prove funding for at least 12 consecutive months, students with a scholarship must remain on that scholarship for a minimum of 12 consecutive months before changing their funding source/type.
 

If an F-1 student (any/all F-1 students, not just students from foreign countries of concern) is offered a scholarship by the department for the first semester only, and uses that scholarship plus personal/family funding to obtain the form I-20, then, if that student does not receive an extension of that scholarship for subsequent semesters, that student must remain on personal/family funding for the duration of the period for which they provided proof of funding. Because the U.S. Department of State requires initial students to prove funding for at least 12 consecutive months, students with a scholarship must remain on that scholarship and/or personal/family funding for a minimum of 12 consecutive months before changing their funding source/type.
 

Please note, future assistantships should not be promised to applicants. Future assistantships will only be awarded through a meritorious process, as defined by each academic program.
 

Q12:   I am a current graduate student at FSU working on an assistantship. Does this new requirement apply to my current assistantship or student status?

A:     No. The requirement applies to employment appointments offered after July 1, 2023. Further, the requirement does not apply to admission to FSU as a student regardless of the admission date, only to agreements (such as employment including assistantships) signed on or after July 1, 2023.
 

Q13:   How should I handle questions from prospective faculty, researchers, and graduate students about this new requirement?

A:     Faculty and hiring managers should share the best available information regarding this new requirement or direct questions to ForeignInfluenceCompliance@fsu.edu. The university’s guidance, including applicable time frames, may be adjusted over time depending on new or updated information from the FSU Board of Trustees or Florida Board of Governors, including changes to meeting schedules, if any.
 

Departments are encouraged to provide flexibility where possible to individuals who wish to attend or work for FSU, such as keeping positions open for highly qualified candidates pending review, deferring admissions decisions for graduate students who may depend on assistantships to support their attendance, and other similar arrangements.
 

Q14:    What can candidates do to ensure the review process goes smoothly?

A:      Candidates should respond fully and promptly to requests for information or documentation from university representatives to ensure timely processing. Any questions about the process may be directed to departmental representatives, who can seek more clarification as needed from appropriate University offices.
 

Q15:   Can I come to FSU before the review process is complete?

A:     Employees and visiting researchers covered under this regulation may not begin work or research activities at FSU until BOG approval is obtained. Travel to the U.S. is dependent upon an approved visa to enter the country. If approval is not obtained, the university will be required to terminate the visa process.
 

Q16:    What are the responsibilities of HR representatives in this process?

A:      HR representatives will be responsible for gathering information and documentation to be uploaded into RAMP for review. Any individual seeking employment who is deemed a foreign principal will also go through section 1010.35 screening as a part of the internal FSU review process. HR representatives should encourage candidates to timely submit documentation needed for completing section 1010.35 screenings and other HR processes. HR representatives should also review candidate documentation for completeness to ensure efficient processing.
 

Q17:    How will we know if a visiting scholar candidate will need to go through the BOG review process?

A:      All visiting scholars are required to go through RAMP, where they will be asked to submit additional documentation for review.
 

Q18:      Does co-authoring a paper or advising on a graduate committee with a Foreign Principal require BOG review?

A:        Co-authoring a publication with a Foreign Principal may require BOG review, to the extent an agreement, as defined above, exists between the university and the Foreign Principal. In general, individual scholarly endeavors that are not subject to an agreement involving FSU as a party would not be covered by this requirement. This is a fact-specific inquiry. For guidance, contact the FSU Office of Compliance and Ethics and FSU Office of Research Compliance Programs at ForeignInfluenceCompliance@fsu.edu.

The following decision tree illustrates the general considerations for determining whether BOG review may be required for an agreement involving a foreign principal (for illustration purposes only):

Q19:    How does this requirement affect international work-related travel?

A:        Employees are encouraged to notify the FSU Office of Compliance and Ethics as soon as possible regarding any planned international work-related travel to foreign countries of concern, including travel to attend conferences or collaborate with researchers. Depending on the nature of the activity, BOG review may be required. All international travel connected with an employee’s University duties must be approved before travel. Please refer to the most recent International Travel Guidance for more information regarding preapproval requirements.

Q20:    Am I allowed to travel for personal reasons to a foreign country of concern?

A:        Yes. Employees traveling for personal reasons do not need to seek BOG review.  Employees traveling on personal business are reminded to review applicable export control and data security requirements and guidance, such as policies regarding traveling with FSU-owned equipment (such as laptops) or sensitive data. Employees are encouraged to contact the FSU Office of Compliance and Ethics with any questions regarding whether international travel is independent/personal or in connection with FSU duties.

Q21:     Are procurements subject to the BOG review process?

A:        A procurement of goods or services from higher education institutions or other individuals or entities in foreign countries of concern are not subject to this new requirement unless the agreement related to the procurement meets the statutory definition above (i.e., unless the agreement contains a mutual expression of interest in academic or research collaboration). Such agreements may, however, be subject to reporting requirements of the BOG, even if they do not require advance BOG review.