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May 25, 2021

 

Sent on behalf of Mark A. Barteau, Vice President for Research

 

Members of the Texas A&M research community:

As a reminder, significant revisions were made to System Policy 31.05.01 Faculty Consulting and/or External Professional Employment and System Policy 31.05.02 External Employment on April 29, 2020.

It is important to remember that export control review is now required for any faculty consulting and/or external professional employment with a foreign entity prior to submission to the CEO or designee for approval. Forms should be submitted to exportcontrols@tamu.edu.

Additional information regarding the updates are included below:

System Policy 31.05.01 Faculty Consulting and/or External Professional Employment

A&M System Regulation 31.05.01 Faculty Consulting and/or External Professional Employment requires the disclosure and prior approval of faculty consulting and/or external professional employment. This regulation was recently revised to require export control review of any faculty consulting and/or external professional employment with a foreign entity. This review must be conducted by the member’s export controls office prior to submission of the request to the CEO or designee for review and approval. It should be noted that the regulation also states that the provision of certain types of scholarly or research expertise to foreign entities without compensation constitutes faculty consulting and/or external professional employment for purposes of this regulation. These types include, but are not limited to, participation in scholarly or scientific research projects or publications required to be disclosed to any agency of the U.S. government, as well as communication of any information subject to export control, publication restriction or confidentiality agreement. Additional clarifications and revisions include:

Section 1.2: Language was modified to clarify that activities traditionally compensated by payment of an honorarium are not considered faculty consulting and/or external professional employment unless they are reasonably expected to require more than a minimal amount of the faculty member’s time.

Section 2.1: New language provides that in reviewing for approval a proposed faculty consulting and/or external professional employment engagement, a CEO or designee will ensure that the engagement is not reasonably expected to create a conflict of interest or present a conflict of commitment that would interfere with the regular work of the employee. It also states that if the consulting and/or external professional employment is with a foreign entity, the member will submit it to the member’s export controls office for review, >prior to submission to the CEO or designee. A copy of the member’s application and approval form and supporting documentation will be provided to the system Research Security Office.

Section 2.2: Language was added that for faculty to obtain annual CEO approval of all new/continuing proposed engagements prior to entering into any agreement is clarified that it applies to all engagements during the fiscal year, regardless of the faculty member’s length of appointment (i.e., whether faculty are on appointments of 9 or 12 months, or any other term).

NEW Section 2.5: This states that the faculty member who enters into an agreement for faculty consulting and/or external employment is responsible for ensuring that the entity understands the member’s service is in a private capacity.  It also states that the entity is not to take actions suggesting that the member endorses the entity, such as publicizing the faculty member’s title without an appropriate disclaimer that the member is serving in the faculty member’s private capacity.

 

System Policy 31.05.02 External Employment

A&M System Regulation 31.05.02 External Employment requires the disclosure and prior approval of all external employment of employees other than faculty covered by A&M System Regulation 31.05.01 (listed above). In addition, the regulation was recently revised to require export control review for any proposed external employment with a foreign entity. The member will submit the proposed engagement for review to the member’s export controls office prior to submission to the CEO or designee. Additional clarifications include:

NEW Section 2.2: This states that in reviewing for approval a proposed external employment activity, the member will ensure that the external employment is not reasonably expected to create a conflict of interest or present a conflict of commitment; that is, interfere with the regular work of the employee.

NEW Section 2.3: This states that if the external employment activity is with a foreign entity, the member will submit the proposed engagement for review to the member’s export controls office prior to submission to the CEO or designee. A copy of the employee’s application and approval form with supporting documentation will be provided to the system Research Security Office.

NEW Section 3: Use of System Property and Personnel. This addresses the provisions under which the use of system resources for external employment is permitted, subject to Policy 33.04, Use of System Resources, and System Regulation 33.04.01, Use of System Resources for External Employment. Any cost to the system must be paid in accordance with System Regulation 33.04.01, subject to the CEO’s approval and suitable payment arrangements.

 

Please contact the Division of Research with any questions at 979.862.6419 or exportcontrols@tamu.edu.