Foreign Involvement Clause Samples

Foreign Involvement. Participant agrees that all work under this CRADA must be performed by eligible domestic entities, including its lower-tier subcontractors. To be eligible, all participants, including Consortium Members, lower tier subcontractors, and CRADA Participants, in the Hub must be incorporated (or otherwise formed) under the laws of a State or territory of the United States with majority domestic ownership or control and have a physical place of business in the United States. Entities who do not meet these requirements are considered foreign entities. Participant agrees to seek and obtain a foreign entity waiver approved by NAWI for any lower- tier subcontractor that is not an eligible domestic entity. The waiver request must follow the process detailed in the incorporated NAWI Foreign Entity Participation Plan as part of the consortium agreement. SAMPLE All work performed under this CRADA must be performed in the United States unless a foreign work waiver is obtained. The Participant must flow-down this requirement to its collaborators or other entities performing work on its behalf for NAWI or providing cost share, except to a DOE National Laboratory. The Participant shall advise The Regents’ Project Representative if the lower-tier subcontractor is proposing to conduct work outside of the United States prior to conducting such work. The Participant is responsible for submitting the required request to NAWI through The Regents’ Project Representative for obtaining a foreign work waiver, if applicable. Participant agrees to comply with Annex D: Foreign Government Talent Recruitment Programs (FGRTP).

Foreign Involvement. For the entirety of this agreement, keeping with the [***] of "Strengthen the force posture of the US Defense Industrial Base (DIB)," and in accordance with the 2018 Unclassified National Defense Strategy (NDS) which articulates the threat from foreign predatory economics and inter-state strategic competitions that are the primary threats to US security, [***] will restrict foreign participation, access and transfers. Any proposed foreign participation, access or transfer will require government notification and concurrence on a case-by-case basis prior to initiating any work effort. 

Foreign Involvement. Become materially involved in any non-United States of America situated activity except for the current activities described in Schedule 10.15 attached hereto.