Update on NIH Policy for Foreign Subrecipients
September 12, 2023
The National Institutes of Health (NIH) has updated requirements for foreign subrecipients. Per NIH NOT-OD-23-133, effective October 1 2023, NIH will require foreign subrecipients to turn over all records to the primary recipient at an agreed-upon frequency (e.g. once a quarter, once a month). Records may include:
- All lab notebooks
- All data
- All documentation that supports the research outcomes as described in the progress report
Update to Outgoing Subrecipient Letter of Intent (LOI)
Key Changes to Comply with New NIH Requirements:
Updated Outgoing Sub LOI Form version date is 9/11/2023.
Updated form is applicable for all proposal submissions with a start date on or after October 1, 2023.
New certification language added when the prime sponsor is NIH and it is for a foreign subrecipient.
The Office of the Vice Chancellor for Research (OVCR) is currently working to develop guidance for the research community with the below parameters on roles and responsibilities.
OVCR Responsibilities:
- Office of Sponsored Programs (OSP) and Research Science and Security (RSS) will work to finalize guidance documentation
- OSP and RSS will serve as the primary point of contact with NIH for general compliance inquiries.
- OSP will coordinate and be responsible for agreement language and any requests concerning agreements from NIH.
- Updated language added to new and amended outgoing subagreements with a start date on or after October 1, 2023.
PI and Research Team Responsibilities:
- Ensure progress reports and all other required lab notebooks and data are consistently and completely uploaded in LabArchives or otherwise collected, maintained, stored, and provided to NIH upon request.
- Sharing, when appropriate, draft language with foreign subrecipients to include in their letter of support.
- Working collaboratively with OSP and RSS to maintain subrecipient relationships including assisting in explaining the purpose and source of these new requirements.
Resources
- OVCR Updates on NIH Policy for Subawards
- CFR 200.332: Requirements for pass-through entities
- Availability of Research Results: Publications, Intellectual Property Rights, and Sharing Research Resources
- Recipient Reporting of Subrecipient Data and Executive Compensation Information for FFATA
For questions or concerns on this new requirement, please contact Quinton Johnson at quinton@unc.edu.
For questions related to specific proposals, please get in touch with your department’s OSP Sponsored Projects Specialist or School of Medicine Sponsored Programs Office Grants Analyst.
For all other general inquiries, email SponsoredPrograms@unc.edu.