NASA issued guidance documents in February 2012 related to a 2011 appropriation law addressing restrictions on entering into or funding any grant, cooperative agreement or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company. In NASA’s guidance, “Chinese-owned” means any company owned by the People’s Republic of China, or any company incorporated under the laws of the People’s Republic of China.
Specifically, the funding statute states that none of the funds appropriated may be used by NASA to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company. The statute applies to any NASA grant, cooperative agreement, or contract and applies to all subrecipients at any level.
The appropriations law does not restrict the use of NASA funds to support Chinese national students or visiting researchers as long as they do not have a current affiliation with a Chinese university. NASA grants guidance document states participation by Chinese nationals will be reviewed by NASA grant and technical officers prior to awarding grants or cooperative agreements (including amendments). Additionally, the Office for Research Protections and Compliance (ORPC) will perform a restricted party screening prior to UMBC’s acceptance of an award to determine if a foreign person or entity with whom you desire to do business is on any government issued restricted, blocked, or denied party lists.
For more information:
- NASA appropriation law (Section 1340 of Public Law 112-10and Section 539 of Public Law 112-55)
- NASA’s FAQs on the regulations
Please contact the ORPC at compliance@umbc.edu for more information or with any questions.