Confucius Institutes at U.S. Institutions of Higher Education Waiver Criteria for the Department of Defense (2023) / Chapter Skim
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campuses might attempt to stifle criticism of the Chinese government; that China's increasing ability to translate its wealth into influence on American administrations, curricula, and public programs might have impacts counter to core academic principles; and that CIs could present a vulnerability to and conduit for espionage and intellectual property theft. The committee is not aware of any evidence at the unclassified level that CIs were ever associated with espionage or intellectual property theft.
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This report addresses the first charge and presents a set of findings and recommendations focused on waiver criteria that DOD can use to delineate a clear and transparent waiver process in advance of FY 2024. The committee's recommendations, developed after receiving input from a variety of key individuals and organizations during open committee meetings, are as follows: Recommendation 1.1: Granting Waivers In the absence of any applicable adverse information that cannot be addressed or mitigated through the criteria below or other means, DOD should grant a waiver if an applying institution of higher education meets the stated waiver criteria.
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U.S. host institutions should demonstrate that the CI is a formally estab lished Center or Institute at the institution, thereby subjecting the CI to all policies and procedures prescribed in faculty, staff, and student codes, as well as in shared governance documents that ensure that similar units within the university support the key values of American academic institutions, including academic freedom and openness and respectful behavior toward other host institution academic units.
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Institutions can satisfy this criterion by providing documentation, such as an employment contract or agreement, that the director of the CI is employed by the university with a reporting line to the host institution's chief academic officer or their designee, and by providing public-facing personnel rosters that clearly state whether the host institution clas sifies CI-affiliated personnel from the Chinese partner institution as either host institution employees or as visiting scholars. CIs should hire their employees and affiliates in accordance with the host in stitution's human resources policies and procedures and subject to corresponding campus policies.
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In the meantime, the committee will continue its work and broaden its exploration to include other foreign-funded partnerships on U.S. campuses and to identify implementable practices and principles regarding appropriate operations for academic institutions in accordance with its Statement of Task.
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