Foreign Collaborations

foreign collaboration

TTU enters into collaborations with international entities/individuals for a variety of reasons, such as:

academic (student) exchange programs,
scholar exchange programs,
research collaborations, or
satellite campuses.

These collaborations are usually memorialized in an agreement, whether or not there is an exchange of funds, and should be reviewed and signed by the appropriate authorized campus official.

The Office of Export and Security Compliance can assist you with reviewing a potential foreign collaboration.

Information on Malign Foreign Talent Recruitment Programs and Research

Texas Tech University values international collaborations and recognizes that such collaborations are integral to fulfilling our mission as a public, research university. It is important that TTU researchers be open and fully transparent about their foreign relationship, activities, and involvement in potential malign foreign talent recruitment programs. Malign foreign talent recruitment programs were defined by Congress in the CHIPS and Science Act of 2022. The definition distinguishes between malign programs and those that aren’t malign. 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.

It is important to note that it is not illegal to engage in malign foreign talent recruitment programs. However, the CHIPS Act has prohibited federal funding agencies from issuing awards to anyone who participates in a malign program.

Malign foreign talent recruitment programs typically 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.

View additional federal guidance on what constitutes a malign foreign talent recruitment program and types of activities that do not constitute participation in such programs.

If you think you may be in a malign foreign talent recruitment program, please contact the Office of Export and Security Compliance. OESC will help confirm whether your program is, in fact, a malign foreign talent recruitment program and discuss mitigation measures we may be able to take. OESC will also work with the Office of Responsible Research to proactively review conflicts of interest disclosures to identify the indicators pursuant to standard operating procedures.

Review Process

Restricted Party Screening

A Restricted Party Screening (RPS) must be done to ensure compliance with U.S. export control laws and regulations. If your collaborator or their institution is on a RPS list a federal agency has placed restrictions on (all or some) activities that can take place and you MUST contact OESC.

Collaboration with Individuals from Embargoed Countries

The Department of Treasury, Office of Foreign Asset Controls places restrictions on certain persons, entities, and countries. These restrictions can be monetary, trade in a certain area or a complete trade embargo. In some cases, there may be a general license to allow you to conduct the activity while others would need a license. If you want to collaborate with an individual or entity in an embargoed country - North Korea, Cuba, Iran, Syria, Crimean Region of Ukraine, Luhansk Region of Ukraine, or Donetsk Region of Ukraine- you MUST consult with OESC before conducting any activities.

Collaboration with Individuals from Countries of Concern or Sensitive Countries

Various federal agencies have lists of countries that are identified as a country of concern and/or sensitive country. If you want to collaborate with an individual or entity in one of the countries - you MUST consult with the OESC before conducting any activities. OESC will provide you and other decision makers with a risk assessment to aid you in whether or not it is in yours and TTU’s best interest to pursue this potential collaboration.

Review whether your collaboration meets the definition of Fundamental Research

Under the Export Administration Regulations, proprietary research is subject to the regulations. If you are conducting proprietary research, the topic of the research needs to be reviewed to determine if it is on an EAR controlled topic - these projects may come with publication or foreign national restrictions.

Under the International Traffic in Arms Regulations (ITAR) proprietary research is subject to the regulations and fundamental research is limited to research being conducted in the U.S. If you are conducting proprietary research, the topic of the research needs to be reviewed to determine if it is on an ITAR controlled topic - these projects most often come with publication or foreign national restrictions. Further, under ITAR, if you are going to provide a defense service or conduct research in a national security interest area an export license may be required.

Sharing Information Not Publicly Available

If you will be sharing information that is not Publicly Available, then that information is considered proprietary and needs to be reviewed for export control determination. Proprietary information may need a license or documented license exception before being shared with foreign nationals.

Please see International Affairs for more information on foreign collaborations.

Office of Export & Security Compliance