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SDSU 4:9 Conflicts of Interest Reporting and Approval Policy requires certain conflicts of interest and commitment disclosures and prior approval of specified private practice, private consulting, employment with entities outside of the university and other related activity. Federal regulations also govern the disclosure and management of conflicts of interest. Federal provisions applicable to objectivity in research and financial conflicts of interest require certain disclosures. University employees are required to review and comply with all South ��ֱ���� Board of Regents provisions which control this policy and its procedures, this implementing policy and its procedures, and controlling laws, as applicable. 

Research security and foreign influence is an issue that continues to receive increased attention from the U.S. government and all federal agencies sponsoring research at SDSU. Understanding and dealing with such challenges and related issues will help ensure responsible, effective and productive research collaborations. 

According to the NSPM-33, “Foreign Government-Sponsored Talent Recruitment Program” is defined as “effort organized, managed or funded by a foreign government, or a foreign government instrumentality or entity, to recruit science and technology professionals or students (regardless of citizenship or national origin, or whether having a full-time or part-time position).”

Over the past decade, the Chinese government has refined its centrally organized foreign talent recruitment plans into a strategy to “use talent to strengthen the country” by targeting the specific technology sectors previously discussed.

Foreign Government-Sponsored Talent Recruitment Programs raise concern regarding national security, conflicts of interest, conflicts of commitment and intellectual property theft.

As stated by the NSPM-33 Implementation Guidance, “research security” refers to safeguarding the U.S. research enterprise against the misappropriation of research and development to the detriment of national or economic security, related violations of research integrity, and foreign government interference. 

There is an increasing need to protect federally funded research from undue foreign influence, including exploitation of the open university research environment and intellectual property theft.

Research security mitigates risk by protecting research from: 

• Theft
• Misuse
• Unauthorized access
• Misappropriation

Research security protects research at all stages of maturity, including: 

• Initial ideas
• Peer-reviewed journal papers
• Fully developed intellectual property

If there is a breach of research security, researchers and the SDSU could lose: 

• Credit for ideas
• Credit for data
• Opportunities for patents, licenses and partnerships 

If a security breach has occurred at SDSU, access to future funding may be jeopardized. 

A Malign Foreign Talent Recruitment Program is defined as: A recruitment program sponsored by or located within a country deemed a country of concern by the U.S. government that offers an employee compensation for performing one or more problematic obligations or activities, which are listed below: 

• People’s Republic of China
• Democratic People’s Republic of Korea (North Korea)
• Russian Federation
• Islamic Republic of Iran
• Any other country determined to be a country of concern by the secretary of state; or
• Any entity based in a foreign country of concern; or
• An academic institution or program on a prohibited government list. 

For engagement in Foreign Talent Recruitment Programs or activities potentially associated with a Foreign Talent Recruitment Program: 

• Participation in any type of FTRP is considered an Outside Employments, Occupations or Endeavors. Therefore, must be disclosed on the  form within 30 days of engaging in the new or updated outside activities and reverified annually thereafter. Changes or updates are required within 30 days of acquiring or discovering new financial interests, engaging in new outside activities, or if there are changes regarding a previously reported activity.

All SDSU employees must comply with funding sponsor policies, disclosure requirements and certifications regarding other endeavors for profit that relate to their academic expertise and foreign talent recruitment programs. 

• Disclosure Requirements
  • FTRP: SDSU employees engaged in federally funded research are required to disclose participation in, or applications to, a FTRP in a biographical sketch or curriculum vitae (CV) and/or in other current and pending support documents, depending on agency requirements.
• MFTRP: Federal agencies may require certification that each covered individual is not a party to an MFTRP in the proposal submission or through just-in-time requests, and annually thereafter for the duration of the award. For most agencies, this will be required as part of the biographical sketch or curriculum vitae (CV). 

In accordance with 4.9 Conflict of Interest Reporting and Approval policy, you are required to disclose your participation in any foreign talent recruitment program via SDSU's annual conflict of interest disclosure. 

SDSU requires training courses of all personnel, including researchers, faculty, staff and students involved in research. The following training courses must be completed prior to research and must also be maintained no less than once every two years.

• Financial Conflicts of Interest: Overview, Investigator Responsibilities, and COI Rules (COI-Basic) (ID 15070)
• Conflicts of Commitment and Conscience (COI-Basic) (ID 15073)

MFTRPs require an employee to complete one or more problematic obligations or activities. These obligations may include: 

If a program meets at least one criterion in Part A and B below, it is a Malign Foreign Talent Recruitment Program and federally funded researchers are prohibited from participating in it under federal law and SDSU policy. 

(A) Any program, position or activity that includes any of the following 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
• Other types of remuneration
• 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 directly sponsored by the foreign country, to the targeted individual, whether directly or indirectly stated in the arrangement, contract or other documentation at issue, 

(B) in exchange for one of the following: 

• unauthorized transfer of
  1. Intellectual property
  2. Materials
  3. Data products
  4. Other nonpublic information
     developed through U.S. federal funding to a foreign government or entity affiliated with a foreign country;
• Being required to recruit trainees or researchers to participate in the program or activity.
• Establishing a lab or company or accepting a faculty position or other employment if these activities are in violation of standard terms and conditions of a federal award.
• Being unable to terminate the contract except in extraordinary circumstances.
• Requiring commitments that limit the capacity to carry out a U.S. federal award or would result in substantial overlap or duplication.
• Being required to apply for or successfully receive funding from the sponsoring foreign government’s funding agencies, with the foreign organization as the recipient.
• Being required to omit acknowledgement of SDSU, or the U.S. federal research agency sponsor, contrary to institutional policies or standard award terms and conditions.
• Being required to withhold information about participation in the program and not to disclose it to the U.S. funding agency or to SDSU, or
• Having a conflict-of-interest or conflict of commitment contrary to the standard terms and conditions of the award.

Prior to submitting a research application to an external sponsor, investigators must submit a Financial Conflict of Interest Disclosure Form to their department chair. For internally funded research that has a potential SFI, investigators must submit a Disclosure Form to their department chair before funds are expended. During the period of award, Investigator must submit an updated Disclosure Form within 30 days of discovering or acquiring a new SFI.