General Public Policy Requirements for Foreign Grantees 

When an Authorized Organizational Representative submits an application, the organization assures NIH that it will follow the applicable public policy requirements. These requirements can be found at: http://grants.nih.gov/grants/policy/nihgps_2003/NIHGPS_Part4.htm#_Toc54600062

The following policies are not applicable to foreign grantees:

• Age Discrimination Act of 1975
• Civil rights Act of 1964 (Title VI)
• Education Amendments of 1972 (Title IX)
• Flood Insurance
• Historic Properties/ Archeological Sites
• Intergovernmental Review under EO 12372
• Pro-children Act of 1994
• Rehabilitation Act of 1973
• Uniform Relocation Assistance and Real Property Acquisition Policies Act

The following policies have unique applicability for foreign grantees:

• Animal Welfare. See page on Animal Welfare Assurances.
• Human Subjects. See page on Human Subjects.
• Certificates of Confidentiality. For collaborations with U.S. investigators, this is applicable only to data maintained within the U.S. The NIH cannot prevent data kept in foreign countries from being subpoenaed by a foreign government. For more information, see the CoC kiosk: http://grants.nih.gov/grants/policy/coc/index.htm
• Controlled Substances. Not applicable if controlled substance does not enter the U.S. However, other local, national, or international regulations may be in effect. See: http://international.drugabuse.gov/information/international_links.html
• Debarment and Suspension. Applicants/grantees that are foreign governments or governmental entities, public international organizations, or foreign-government-owned or -controlled (in whole or in part) entities are not subject to the debarment or suspension certification requirement or to debarment or suspension under 45 CFR Part 76. All other foreign institutions and international organizations are subject to these requirements.
• Drug-free Workplace. Foreign applicants and grantees may be exempted from the drug-free workplace requirements of 45 CFR Part 76 based on a documented finding by the NIH awarding office that application of those requirements is inconsistent with U.S. international obligations or the laws and regulations of a foreign government.
• Investigational New Drug Applications/ Investigational Device Exceptions. Applicable to foreign grantees testing investigational new drugs/ devices/ uses in the U.S. For non-U.S. investigations, other regulations may apply. The U.S. Food and Drug Administration’s (FDA) Center for Drug Evaluation and Research has an International Activities webpage that includes links to other regulatory agencies: http://www.fda.gov/cder/audiences/iact/iachome.htm
• Military Recruiting and ROTC Program Access to Institutions of Higher Education. Applicable to foreign campuses of American institutions, but not applicable to foreign or international organizations.

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