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Foreign Talent Recruitment Programs

Many countries sponsor talent recruitment programs for the legitimate purpose of attracting researchers in targeted fields, and many programs utilize legitimate means of attracting talent, including offering research fellowships and grants to incentivize researchers to physically relocate.

However, some programs encourage or even mandate unethical and criminal behaviors and, in doing so, are considered to be “malign” in nature. For example, some MFTRPs may require that the participant take actions which may pose a conflict of interest, conflict of commitment, or loss of intellectual property to their home institution. A malign foreign talent recruitment program includes any foreign-state-sponsored attempt to unethically or unlawfully acquire U.S. scientific-funded research or technology through foreign government-run or funded recruitment programs that target scientists, engineers, academics, researchers, and entrepreneurs of all nationalities working or educated in the United States.

The CHIPS and Science Act of 2022 defined foreign talent recruitment programs and codified restrictions on foreign talent recruitment. Read below to learn more about Foreign Talent Recruitment Programs, Malign Foreign Talent Recruitment Programs, and your responsibilities as a Covered Individual to disclose participation to both UAB and federal sponsors.

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Definitions

Arrow 1Covered Individuals

A “Covered Individual” is a researcher who 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. This includes Senior and Key Personnel. Federal funding agencies have latitude in identifying other research participants as “Covered Individuals,” so it is important to check sponsor requirements carefully.

Arrow 1Foreign Country of Concern (FCOC)

A ‘‘Foreign Country of Concern’’ is defined as the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, the Islamic Republic of Iran, or any other country determined to be a country of concern by the Department of State.

Arrow 1Foreign 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.

Participation in FTRPs is not necessarily prohibited or illegal, but you must disclose participation to both UAB and federal sponsors. Participation in a foreign talent recruitment program MUST be disclosed to UAB through the UAB Research Conflicts of Interest Office and MUST be disclosed to Federal Sponsors through Biosketches, Other Support pages, and Current & Pending Support documents. If you are a Covered Individual, please work with your UAB Business Administrator and/or OSP Officer on how to disclose your participation in a FTRP.

Arrow 1Malign Foreign Talent Recruitment Program (MFTRP)

A “Malign Foreign Talent Recruitment Program” is a Foreign Talent Recruitment Program that contains at least one element of BOTH A and B below:

A. Is sponsored by:

  1. 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;
  2. an academic institution on the NDAA 2019 Section 1286(c)(8) List, Table 1; or
  3. a foreign talent recruitment program on the NDAA 2019 Section 1286(c)(9) List, Table 2.

and

B. Requires the participant of the program/position/activity to:

  1. engage 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. recruit trainees or researchers to enroll in such program, position, or activity;
  3. establish a laboratory or company, accept a faculty position, or undertake 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. not 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, be 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. apply for and successfully receive funding from the sponsoring foreign government’s funding agencies with the sponsoring foreign organization as the recipient;
  7. 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. not disclose to the Federal research agency or employing institution the participation of such individual in such program, position, or activity; or
  9. have a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award.

If you are participating in a Foreign Talent Recruitment Program that meets the qualifications of a Malign Foreign Talent Recruitment Program, you may NOT apply for or receive federal funding for your research. Specifically, Sections 10631 and 10632 of the CHIPS Act prohibit Covered Individuals from participating in a Malign Foreign Talent Recruitment Program and applying for or conducting federally sponsored research.

If you suspect you have been contacted by or become associated with a Malign Foreign Talent Recruitment Program, contact UAB’s Office of Research Safety & Security at ResearchSecurity@uab.edu

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How Does this Impact UAB Researchers?

The U.S. government has determined that participation in FTRPs raises the risk that federally-funded research may be inappropriately obtained by foreign governments. Thus, in addition to prohibiting participation in Malign Foreign Talent Recruitment Programs, the CHIPS Act requires that federally-funded Covered Individuals disclose participation in any FTRP, regardless of the country involved.

UAB Covered Individuals, as defined above:

  1. are prohibited from participating in a federally-funded research and development project if they are currently participating in a Malign Foreign Talent Recruitment Program;
  2. must disclose if they are a party to any Foreign Talent Recruitment Program; and
  3. must certify that they are NOT a party to a Malign Foreign Talent Recruitment Program.

Failure to disclose or making a false certification may result in civil or criminal penalties.

  • Am I a “Covered Individual”?

    A Covered Individual is defined as an individual who contributes in a substantial and meaningful way to the scientific development or execution of a research and development project proposed to a federal agency, and who is designated as a covered individual by that federal agency. This includes Senior and Key Personnel. Each funding agency is allowed to define other individuals as included within the definition of “Covered Individual,” so you should check each funding proposal carefully and be familiar with the specific definition from each agency.

  • How do I know if I am participating in a FTRP or MFTRP?

    The definition of FTRP and MFTRP is provided on this webpage. Individuals with foreign engagements should review the definitions and characteristics of a FTRP and a MFTRP. Questions regarding the definitions may be directed to ResearchSecurity@uab.edu.

  • How does a FTRP differ from a MFTRP?

    As noted above, many countries encourage the growth of their local research talent through programs designed to attract talented researchers to their institutions. These programs often involve grants or fellowships to promising research candidates. However, some countries utilize Malign Foreign Talent Recruitment Programs which may incentivize criminal or unethical behavior on the part of the participant researcher. The definition of MFTRP (listed above) provides characteristics that may indicate that a FTRP is in fact a Malign Foreign Talent Recruitment Program. Of particular importance is the sponsorship of the program. A FTRP may be a MFTRP if the program is sponsored by a foreign country of concern or an entity based in a foreign country of concern (e.g. China, Iran, North Korea or Russia), or any other foreign sponsor identified in the National Defense Authorization Act of 2019 Section 1286(c)(8) or 1286(c)(9).

  • Are there examples of Malign Foreign Talent Recruitment Programs?

    Yes, NSF has provided examples of MFTRP contracts. These examples are purely illustrative and intended for guidance and informational purposes only. Identifying details have been redacted from the following examples:

  • What Could Happen if I Participate in a FTRP or a MFTRP?

    The U.S. Government has determined that participating in certain FTRPs raises research security concerns. As a result of these concerns:

    • The CHIPS Act prohibits federally funded researchers from participating in MFTRPs.
    • Each “Covered Individual” applying for federal funds, or whose research has been federally funded, must disclose any participation in a FTRP, and certify the accuracy of the disclosure to the funding agency.
    • Each “Covered Individual” applying for federal funds, or whose research has been federally funded, must certify that they are not participating in a MFTRP, and certify the accuracy of the disclosure to the funding agency.
    • Federal funding agencies also may determine that previous as well as current participation in certain FTRPs and other risk factors require risk mitigation steps prior to award, and may not fund the project if they determine the risk is unmanageable.
  • I’d like to collaborate with a researcher/institution in a foreign country of concern. What should I do?

    If you are planning an international collaboration with a country of concern and would like more guidance, please reach out to the UAB Office of Research Safety & Security at ResearchSecurity@uab.edu for help reviewing your collaboration.

    You may also request a restricted party screening to ensure your collaborator is not on a denied or blocked parties list maintained by the U.S. government. In the event an individual or entity appears on one of the lists, additional due diligence may be needed before proceeding. To request a restricted party screening, reach out to the UAB Office of Research Safety & Security at ResearchSecurity@uab.edu

  • Can I recruit a graduate student or postdoc from a country of concern?

    Yes, you may recruit graduate students and postdocs from a country of concern. The designation of a country of concern in the CHIPS Act does not restrict the recruitment of international graduate students or postdocs. However, if those students or postdocs are being funded by entities or institutions in or controlled by countries of concern, please review that funding to ensure that it is NOT part of a Malign Foreign Talent Recruitment Program and report in-kind support to your sponsors.