Foreign Talent Recruitment Programs

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Foreign Talent Recruitment Programs: What researchers need to know
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Engaging in foreign talent recruitment programs (FTRPs) requires thoughtful assessment of potential risks, necessitating measures for risk management and, in certain instances, complete avoidance. The federal government continues to implement new regulations related to FTRPs and Malign Foreign Talent Recruitment Programs (MFTRPs). Many countries sponsor talent recruitment programs for legitimate purposes of attracting researchers. However, association with a certain Foreign Talent Recruitment Programs can lead to ineligibility to receive federal funding for your research. Researchers who iwsh to apply for or work on federally-funded awards can not be a party to a malign foreign talent recruitment program.

The CHIPS and Science Act of 2022 prohibits federal employees, contractors, and awardees—including institutions, individual investigators, and other key personnel —from participating in Malign Foreign Talent Recruitment Programs (MFTRPs) and directs federal research sponsors to create, implement, and maintain policies that:

  • require covered individuals to disclose all participation in FTRPs, and

  • prohibit recipients of federal support from participating in any malign FTRPs (MFTRPs)

As required by the CHIPS and Science Act, the National Science Foundation (NSF), Department of Defense (DoD), and other federal funding agencies are beginning to prohibit sponsored research personnel from participating in Malign Foreign Talent Recruitment Programs (MFTRPs). However, not all foreign talent recruitment programs are maligned.

What is a Foreign Talent Recruitment Program (FTRP)? A Foreign Talent Recruitment Program is any program, position, or activity that includes compensation in the form of cash, in-kind compensation, including research funding, promised future compensation, complimentary foreign travel, things of non de minimis value, honorific titles, career advancement opportunities, or other types of remuneration or consideration directly provided by a foreign country at any level (national, provincial, or local) or their designee, or an entity based in, funded by, or affiliated with a foreign country, whether or not directly sponsored by the foreign country, to an individual, whether directly or indirectly stated in the arrangement, contract, or other documentation at issue.

 

Malign Foreign Talent Recruitment Programs (MFTRP)

What is a malign foreign talent recruitment program?

The activity will meet the federal government's definition of a MFTRP if the following are true:

  • The arrangement is described in Section I below, and

  • has at least one factor from Section II and

  • has at least one factor from Section III.

 Section I - Description

Any program, position, or activity that includes compensation in the form of cash, in-kind compensation, including research funding, promised future compensation, complimentary foreign travel, things of non de minimis value, honorific titles, career advancement opportunities, or other types of remuneration or consideration directly provided by a foreign country at any level (national, provincial, or local) or their designee, or an entity based in, funded by, or affiliated with a foreign country, whether or not directly sponsored by the foreign country, to the targeted individual, whether directly or indirectly stated in the arrangement, contract, or other documentation at issue

Section II - Problematic Obligations/Activities

In exchange for the individual—

  1. engaging in the unauthorized transfer of intellectual property, materials, data products, or other nonpublic information owned by a United States entity or developed with a Federal research and development award to the government of a foreign country or an entity based in, funded by, or affiliated with a foreign country regardless of whether that government or entity provided support for the development of the intellectual property, materials, or data products;

  2. being required to recruit trainees or researchers to enroll in such program, position, or activity;

  3. establishing a laboratory or company, accepting a faculty position, or undertaking any other employment or appointment in a foreign country or with an entity based in, funded by, or affiliated with a foreign country if such activities are in violation of the standard terms and conditions of a Federal research and development award;

  4. being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;

  5. through funding or effort related to the foreign talent recruitment program, being limited in the capacity to carry out a research and development award or required to engage in work that would result in substantial overlap or duplication with a Federal research and development award;

  6. being required to apply for and successfully receive funding from the sponsoring foreign government's funding agencies with the sponsoring foreign organization as the recipient;

  7. being required to omit acknowledgment of the recipient institution with which the individual is affiliated, or the Federal research agency sponsoring the research and development award, contrary to the institutional policies or standard terms and conditions of the Federal research and development award;

  8. being required to not disclose to the Federal research agency or employing institution the participation of such individual in such program, position, or activity;

  9. having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award;

Section III - Problematic Sponsor

The program sponsored by—

1. a foreign country of concern (FCOC), currently defined as:

      • China
      • Iran
      • North Korea, and
      • Russia

2. an entity based in a FCOC, whether or not the program is directly sponsored by the government of the FCOC

3. an entity on a US government restricted entity list

4. an academic institution or a foreign talent recruitment program identified by the Department of Defense 

 

The following are not considered malign foreign talent recruitment programs unless such activities are funded, organized, or managed by an academic institution or a foreign talent recruitment program on the lists developed under paragraphs (8) and (9) of section 1286(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note; Public Law 115–232): Reference pages 17-21

(i) making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law;

(ii) participation in international conferences or other inter- national exchanges, research projects or programs that involve open and reciprocal exchange of scientific information, and which are aimed at advancing international scientific understanding and not otherwise controlled under current law; and

(iii) advising a foreign student enrolled at an institution of higher education or writing a recommendation for such a student, at such student’s request.

If you have any questions, please contact compliance@nd.edu.

Archived FTRP Communications