(a) (1) An institution of higher education shall only enter into a new partnership or renew an existing partnership with a foreign instrumentality if the institution of higher education maintains sufficient structural safeguards to protect the intellectual property of the institution of higher education.(2) The governing board of an institution of higher education shall notify an institution of higher education if the board determines the partnership meets the safeguard requirements required by this subsection.(3) The safeguard requirements under this subsection shall include without limitation the following:(A) Compliance with all federal requirements, including the requirements of federal research sponsors and federal export control agencies, including regulations regarding international traffic in arms and export administration regulations, and economic and trade sanctions administered by the United States Office of Foreign Assets Control;(B) Annual formal institution-level programs for faculty on conflicts of interest and conflicts of commitment;(C) An overwhelming state interest to enter into the research or academic partnership;(D) Lack of alternative institutions to engage with for a similar research or academic partnership; and(E) A formalized foreign visitor process and uniform visiting scholar agreement.
(1) An institution of higher education shall only enter into a new partnership or renew an existing partnership with a foreign instrumentality if the institution of higher education maintains sufficient structural safeguards to protect the intellectual property of the institution of higher education.
(2) The governing board of an institution of higher education shall notify an institution of higher education if the board determines the partnership meets the safeguard requirements required by this subsection.
(3) The safeguard requirements under this subsection shall include without limitation the following:(A) Compliance with all federal requirements, including the requirements of federal research sponsors and federal export control agencies, including regulations regarding international traffic in arms and export administration regulations, and economic and trade sanctions administered by the United States Office of Foreign Assets Control;(B) Annual formal institution-level programs for faculty on conflicts of interest and conflicts of commitment;(C) An overwhelming state interest to enter into the research or academic partnership;(D) Lack of alternative institutions to engage with for a similar research or academic partnership; and(E) A formalized foreign visitor process and uniform visiting scholar agreement.
(A) Compliance with all federal requirements, including the requirements of federal research sponsors and federal export control agencies, including regulations regarding international traffic in arms and export administration regulations, and economic and trade sanctions administered by the United States Office of Foreign Assets Control;
(B) Annual formal institution-level programs for faculty on conflicts of interest and conflicts of commitment;
(C) An overwhelming state interest to enter into the research or academic partnership;
(D) Lack of alternative institutions to engage with for a similar research or academic partnership; and
(E) A formalized foreign visitor process and uniform visiting scholar agreement.
(b) The board shall have full discretion to reject or terminate any research partnership between an institution of higher education and an academic or research institution located in a foreign adversary at any time and for any purpose.