National Institutes of Health

National Institutes of Health Ethics Program

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Activities with Foreign Entities

The lists of entities on this page reflect only entities we have been asked to consider for purposes of the Emoluments Clause and Foreign Gifts and Decorations Act.  Any entity not listed has NOT been considered for these purposes and an evaluation of the case MUST be made before the activity can be approved.

There are some issues to keep in mind when considering an activity with a foreign entity. Generally, an employee of the Federal Government may not accept employment, gifts or compensation from any foreign government, including any entity which is owned or operated by the foreign government, which may include public research institutions or universities. This prohibition is found in the "emoluments clause" of the US Constitution. The Constitution specifically states that "with the consent of Congress" certain activities, gifts and honors are permissible.  Congress' consent is found in the Foreign Gifts and Decorations Act (FGDA), which permits gifts up to the minimal value (as of 6/11, that value is $350).  The FGDA also permits travel, lodging and meal expenses when it occurs totally outside of the United States.  This means that travel expenses may be paid only for that travel which originates and ends outside of the US. 

The following provides specific information about various types of activities, and a list of foreign entities with which Outside Activities may be permitted. There is no restriction for official duty activities with outside organizations. For official duties, reimbursement may be accomplished via the sponsored travel mechanism since the reimbursement is to NIH, not to the individual.  For additional information, contact your Deputy Ethics Counselor or your IC's Ethics Coordinator, or the Division of International Relations, Fogarty International Center, at 496-4784.  The dates below indicate when the entity was cleared for inclusion on the list.

Foreign and international governmental organizations in which the United States Government is a member are not considered foreign government, e.g., NATO, WHO, UN, PAHO.  Foreign governmental organizations in which the US is not a member are considered foreign government, e.g., European Union.

Note:  SGEs who have an honorary title that predates their appointment as an SGE may retain the title during the appointment provided that they will not and are not required to provide any type of service or assistance to the foreign government during the SGE appointment time frame.

Outside Activities

Outside Activities with foreign entities may be permitted as long as the foreign entity is not owned or operated by the foreign government. Professional societies are not listed since these are normally not related to the government.  The following foreign entities may be funded by the foreign government but are considered independent of the foreign government in relation to academic appointments, so the emoluments clause of the US Constitution will not apply in such cases. This was verified by individual Coordinators, usually by calling the entity or checking the web site, and confirmed by OGC Ethics Division. Outside Activities, including compensation and travel expenses, may be permitted with prior approval with these organizations, unless the foreign entity is a substantially affected organization, supported research institution, or health care provider or insurer.  If so, the activity is prohibited by the HHS Supplemental Standards of Ethical Conduct, unless an exception applies.

The following foreign entities ARE considered part of the foreign government and therefore employees are PROHIBITED from accepting compensation, titles, or other expenses except as permitted by the exception in the Foreign Gifts and Decorations Act (e.g., lodging, per diem, and travel expenses for travel outside the US):

Awards from Foreign Governments

The Department of Justice Office of Legal Counsel has interpreted the Foreign Gifts and Decorations Act (FGDA) definition of "decoration" to exclude cash prizes.  Therefore, cash prizes under the FGDA are considered gifts, and any gift over the minimal amount permitted under the FGDA ($335) can only be personally accepted if the gift qualifies as a educational scholarship.  The following prizes have been evaluated and may (or may not) be accepted as noted below.  The permitted awards and decorations have been determine to be bona fide programs, but other applicable laws (i.e., the US Constitution and the Foreign Gifts and Decorations Act) may restrict an employee's ability to personally accept some or all of the gifts associated with the award.  Talk to your Deputy Ethics Counselor or ethics specialist if you are offered one of these awards.

Permitted Awards & Decorations

Prohibited Awards & Decorations

Official Duty Activities

Federal employees may conduct activities with foreign entities, including foreign governments, as part of their official duties when such activity is required and approved. If travel is necessary, the employee travels on a travel order just like any other official duty activity. If travel support from the foreign entity is expected, see the section below on Sponsored Travel.

Sponsored Travel

Sponsored Travel is regulated by the Travel Regulations issued by the General Services Administration (GSA). Offers of travel payment from a non-Federal sponsor must be reviewed for conflicts of interest. Also, it may be permissible to use the sponsored travel mechanism with foreign entities. Receipt of in-kind or reimbursement of expenses to the agency is considered a gift to the agency, and NIH has the authority to accept such gifts. Contact your Administrative Officer for specific questions about sponsored travel.

Honorary Degrees from Foreign Governments

The Foreign Gifts and Decorations Act  (FGDA) (5 USC 7342(d)), provides congressional consent to the receipt of decorations from public universities operated by a foreign government.  The Department of Justice has interpreted decorations to include honorary degrees.  [Federal employees are prohibited from having a compensated outside activity or title with a foreign public university by the emoluments clause in the US Constitution.   But receipt of an honorary degree is not an outside activity and there is no receipt of a "present, Emolument, Office, or Title from" the foreign government.]

For additional information, contact your IC's Ethics Officials (links below), or the Division of International Relations at 301-496-4784.

Updated: 1/14/13