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Foreign influence

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All academic staff are required to disclose any registrable activities which fall under the Foreign Influence Transparency Scheme Act 2018 (Cth).

 

  1. Overview
  2. Foreign influence transparency
  3. Disclosing registrable activities
  1. Managing registrable activities
  2. Example scenarios

5. Example scenarios

Some examples of activities that might be impacted by the FITSA include:

  • collaborations with foreign universities
  • research project/clinical trials
  • communication of research findings.

Each activity needs to be considered on a case-by-case basis.

Below are three hypothetical scenarios to assist staff in identifying registrable/non-registrable activities.

1. Collaborations with foreign universities

Foreign universities may fall under the definition of “foreign principal” as foreign government related entities. Many foreign universities are public bodies, whether through partial public funding and regulation or other arrangements. Depending on the particular circumstances, a foreign university may satisfy control tests and be regarded as a foreign government related entity.  However, collaborations with foreign universities would not typically be caught unless they involve additional activities such as lobbying or communications activity for the sole, primary or substantial purpose of federal political or government influence.

Example A. UQ has a joint research program on food security with two European universities — one in Switzerland and the other in Germany. Both universities are substantially publicly funded by foreign governments. Does this project fall into the category of ‘registrable’? 

No. This collaboration would not be caught by FITSA as there is no intent to conduct a registrable activity (e.g. political lobbying) for the sole, primary or substantial purpose of influencing Australia’s political or government process (e.g. a Federal Government decision).

Example B. A UQ staff member is involved as an external advisor to the Indian Research Council, which is an Indian government body. The role of this Council is to disburse research funding according to an agreed criteria for assessing applications; some of the applications have relevance to Indian/Australian relations. The staff member receives an annual fee of $1000 for this work. Does this role fall into the category of ‘registrable’? 

In general, the answer will be ‘no’ for the University as there is no attempt to conduct a registrable activity (e.g. lobbying) for the purpose of influencing Australia’s federal political or government processes (e.g. a Federal Government decision).

However, the answer would be ‘yes’ for the individual if the individual is a “recent designated position holder” (e.g. the staff member had previously held a senior public service role as a Commonwealth agency head) and contributes their experience, skills, knowledge or contacts from that role when acting for the foreign principal.

View the list on the Attorney-General’s website for further information

2. Research projects/clinical trials

Funding arrangements with a foreign principal may not trigger a requirement to register unless there is an expectation that registrable activities will be undertaken on behalf of the foreign principal for the sole, primary or substantial purpose of influencing federal political or government processes.

Example C. UQ is conducting a clinical trial for a brain cancer treatment developed by a pharmaceutical company that is owned 30% by the United States Government. The results of trial are positive in the sense that they support the view that treatment is effective and that it can be safely deployed. UQ is asked to make submissions to the Therapeutic Goods Administration (TGA) on behalf of the US government for the purpose of having the treatment registered. 

This would be registrable because, in making submissions to the TGA on behalf of the US Government, UQ would be acting on behalf of the foreign government for the purpose of influencing an Australian federal government decision (i.e. registration of the treatment on the TGA).

3. Communication of research findings

For activities other than direct parliamentary lobbying on behalf of a foreign government to be registrable, an activity must be for the sole, primary or substantial purpose of “political or government influence”. An activity will only meet this definition if the sole, primary or substantial purpose of the activity is for political or government influence. The communication or dissemination of research findings will not be captured by the Act if they do not have the requisite purpose. Although political or government influence may be a secondary or incidental purpose, it is unlikely to be the sole, primary or substantial purpose.

Example D. A group of UQ researchers working on climate science join a collaboration involving a department inside the United States Environmental Agency. One of the primary anticipated outputs of the research is to re-balance the climate change debate in Australia such that the resource extraction industries can operate with fewer constraints. The outcomes of the research are communicated in high profile media outlets; the primary target is to undermine the efficacy of global agreements which are the subject of Federal government decisions on carbon emissions policy in order to create a more favourable business environment for companies mining coal and other minerals. Does this project fall into the category of ‘registrable’? 

Yes, this collaboration would be caught by FITSA if the primary intent is to communicate the research outcomes of the project to influence Australia’s Federal Government policy decisions on behalf of the US government agency.

Example E. UQ undertakes research in conjunction with the Indonesia Institute of Science School (Indonesia’s national research organisation) and publishes research findings about sustainable development. Would that publication be registrable? 

No, this collaboration would not be caught as although political or government influence may be a secondary or incidental purpose, it is not the sole, primary or substantial purpose.

Need advice?

Staff may require more information or assistance in identifying potentially registrable activities under the FITSA.

    If you are unsure how to identify, disclose or manage any potentially registrable activities, you can talk to:

    • Your supervisor or manager

    For Conflicts of Interest (COI):

    For queries about conflict of interest related to research:

    For policy:

    For legislation:

    For general queries regarding the disclosure and management of interests, contact:

     

    Disclosure and management of interests - who needs to register?

    UQ has created an integrated framework regarding the disclosure and management of interests, which simplifies and clarifies policies and procedures to ensure ethical and legal compliance.        

    All fixed-term and continuing staff members are required to complete the Conflict of Interest Register. Casual, unpaid and honorary staff who have a conflict of interest to declare are required to complete the Conflict of Interest form (PDF, 1.42 MB) and submit to your supervisor in your organisational unit. Note that this form is different to the Conflict of Interest Register.

    All professional staff (HEW 8 level and above) are required to complete the Secondary Employment Register.

    All academic staff (continuing and fixed-term contracts of 12 months or longer; conjoint appointments where UQ is the lead employer) are required to complete the:

    These registers must be completed annually, even if there is no item to disclose, and when circumstances change.