UMich researchers navigate complex federal regulations for foreign biological material in research

This summer, the University of Michigan received national attention for the arrests of two Chinese visiting scholars for allegedly smuggling dangerous biological materials into the United States. In response, the University launched a new website to help faculty and students navigate increasingly complex rules around security, safety and research compliance.

The site reflects a broader federal focus in recent years on foreign influence in U.S. research. In November 2018, the Department of Justice launched the China Initiative, a program aimed at prosecuting potential Chinese spies in American research and industry and protecting U.S. research from foreign interference. 

The DOJ ended the program in 2022 after it received criticism for creating a climate of fear among Asian Americans. Despite its end, this program left a lasting impact on the rigidity of the rules and regulations researchers must follow when collaborating with researchers abroad.

Researchers today must navigate rules not only related to foreign interference but also importing and exporting biological material across national borders.

In an email to The Michigan Daily, Jacinta Beehner, professor of psychology and anthropology, said navigating the regulations required for transporting biological samples was difficult even before 2018 because of their unpredictable and ever-changing nature. 

“Often these instructions were not clear, not updated, or changed from year to year,” Beehner wrote. “So each time we needed to export, we had to ‘reinvent the wheel.’ For example, early on in 2007, we made a document for exporting samples. But so much of this had to be updated even in 2008 that we gave up even trying to have an instructional document within our lab group.”

Liliana Cortés Ortiz, associate professor in ecology and evolutionary biology and anthropology, said in an interview with The Daily the rules required for transporting materials are challenging to understand not only abroad, but also within the U.S.. 

“It is difficult to navigate and to know what things you need even within the United States,” Cortés Ortiz said. “Sometimes it is difficult because things change — laws change —  and even if they don’t change sometimes it’s not very straightforward to figure out what it is. Some people might not know and might assume that it is okay to work without these types of permits.”

Cortés Ortiz said even with strong collaborations abroad, the permitting process for transporting biological materials can take a long time. 

“Sometimes, it might take up to a year or more to get the permits,” Cortés Ortiz said. “For example, during (the COVID-19 pandemic), we needed to import some samples. But by the time that I was going to import them, my exportation permit from Mexico expired because it took too long for me to get my importation permit. Then I requested a second exportation permit in Mexico, but by the time I got it, my importation permit had expired.”

The challenges in navigating complex research regulations underscore the broader importance of understanding federal research policies. In an interview with The Daily, Public Policy junior Caroline Flermoen said researchers conducting fieldwork should be aware of these policies to ensure they make ethical choices. 

“If you are working in a field or researching in a field, it is probably important to have a grasp on policy just so you can practice ethically and also know how the policy is impacting your practices in everyday life,” Flermoen said.

Doctoral students also face their own set of challenges in managing research policies for transporting biological material. In an interview with The Daily, Rackham student Jordan Lucore said exporting biological samples often requires navigating multiple layers of approval and technical requirements. 

“One, you need the materials,” Lucore said. “Two, you need to package the samples appropriately. Three, the samples need to be then packaged in an outdoor container that is appropriately labeled. And then, finally, you have to get shipping permits. So, these are both export permits from the country of export and import permits. For the import permit to the U.S. you go through the (Centers for Disease Control and Prevention).” 

Despite the many complex logistical and regulatory hurdles researchers have to go through, Cortés Ortiz reflected on her own work with endangered species and emphasized the importance of these rules. 

“Even when this is a very complicated process and there is a lot of red tape, I just want to say they are there for a reason,” Cortés Ortiz said. “So it is not bad that we have to do this, it is unfortunate that sometimes it just doesn’t work as smoothly as we want. But I think it is important because these animals, especially primates that we work with, are endangered and prone to traffic, and so it is something that is not unreasonable. There is good reason why these measures are there.”

Daily Staff Reporter Zooey Raux can be reached at zraux@umich.edu.

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