Foreign Talent Recruitment Programs

The U.S. Government and federal sponsors have raised significant concerns with foreign talent recruitment programs and malign foreign talent recruitment programs. These programs can lead to conflicts of interest or commitment, the inappropriate transfer of federally-funded research to foreign governments, violation of export control laws, and theft of intellectual property. Any country can sponsor a foreign talent recruitment program, the U.S. Government is particularly concerned with programs affiliated with China, North Korea, Russia, and Iran. 

NSPM-33 mandates that heads of United States research funding agencies establish policies that require Principal Investigators and other senior/key personnel to disclose:

  • Organizational affiliations
  • Positions and appointments
  • Foreign government-sponsored talent recruitment programs
  • Current and pending support/other support

This disclosure requirement applies to Covered Individuals and Key Personnel. 

Covered individual or Senior/key personnel – an individual who (a) contributes in a substantive, meaningful way to the scientific development or execution of a research and development project proposed to be carried out with a research and development award from a Federal research agency; and (b) is designated as a covered individual by the Federal research agency concerned. 

It is important to understand that foreign talent recruitment programs are characterized by their activities, features, intents, or requirements. As there are critical differences between foreign talent recruitment programs and malign foreign talent recruitment programs, please continue reading for definitions and further information from the National Science and Technology Council and the CHIPS Act. 

Please contact the Research Security Manager for questions and further guidance.

Foreign Talent Recruitment Program ▾

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.

A foreign talent recruitment program does not include the following international collaboration activities, so long as the activity is not 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): 

1.          Making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law; 

2.          Participating in international conferences or other international 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; 

3.          Advising a foreign student enrolled at an institution of higher education or writing a recommendation for such a student, at such student's request; and 

4.          Engaging in the following international activities: 

a.          Activities that are partly sponsored or otherwise supported by the United States such as serving as a government appointee to the board of a joint scientific fund; providing advice to or otherwise participating in international technical organizations, multilateral scientific organizations, and standards setting; participating in a Fulbright Commission program funded in whole or in part by a host country government; or other routine international scientific exchanges and interactions such as providing invited lectures or participating in international peer review panels. 

b.          Involvement in national or international academies or professional societies that produce publications in the open scientific literature that are not in conflict with the interests of the federal research agency. 

c.          Taking a sabbatical, serving as a visiting scholar, or engaging in continuing education activities such as receiving a doctorate or professional certification at an institution of higher education that are not in conflict with the interests of the federal research agency. 

d.          Receiving awards for research and development which serve to enhance the prestige of the federal research agency. 

e.     Other international activities determined appropriate by the federal research agency head or designee. 

Malign Foreign Talent Recruitment Program ▾

The term ‘‘malign foreign talent recruitment program’’ means — 

A.         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, in exchange for the individual:

(i)          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; 

(ii)        being required to recruit trainees or researchers to enroll in such program, position, or activity;

(iii)      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; 

(iv)      being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances; 

(v)       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; 

(vi)      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; 

(vii)    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; 

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

(ix)      having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award; and 

B.         A program that is sponsored by — 

(i)          a foreign country of concern or an entity based in a foreign country of concern, whether or not directly sponsored by the foreign country of concern; 

(ii)        an academic institution on the list developed under section 1286(c)(8) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note; Public Law 115-232); or 

(iii)      a foreign talent recruitment program on the list developed under section 1286(c)(9) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note; Public Law 115-232).