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Announcements

NASA Restrictions on Funding Activities with China

Posted on April 24, 2012 at 7:38am

In guidance documents issued in February 2012, NASA noted that appropriation bills for the past two years (NASA’s 2011 continuing resolution and NASA’s fiscal year 2012 appropriation) contain a funding restriction with respect to 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 unless such activities are specifically authorized [by law.]

 

Although the statute does not define “China” or “Chinese-owned company,” NASA’s procurement guidance states that the terms mean the People’s Republic of China, any company owned by the People’s Republic of China, or any company incorporated under the laws of the People’s Republic of China.

The statute applies to any NASA grant, cooperative agreement, or contract and applies to all subrecipients at any level. Therefore, the restriction prohibits the University of Washington (or any recipient of NASA funds) from collaborating with or issuing a subaward to the Chinese government (e.g., the China National Space Administration), a government-owned company, or a company incorporated under Chinese law. This includes using NASA funds for the U.S. side of a collaboration with these entities that is performed on a “no-exchange-of-funds” basis. The restrictions do not apply to commercial items of supply needed to perform a grant or cooperative agreement.

 

The appropriations limitations also prohibit the use of NASA funds to;

 

…effectuate the hosting of official Chinese visitors at facilities belonging to or utilized by the National Aeronautics and Space Administration.

 

The law does not define “official Chinese visitors” or what it means for facilities to be “utilized by NASA.” However, if you believe you may be subject to this restriction, please contact the Office of Sponsored Programs directly.

The appropriations law does not restrict the use of NASA funds to support Chinese national students or visiting researchers. A 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), and the University will continue to monitor these developments to ensure no citizenship restrictions are accepted in violation of University policy.

Please contact the
Richard Glover (rglover@uw.edu) in  Office of Sponsored Programs with any questions.

Reference

 

 

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