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Recognizing a Malign Foreign Talent Recruitment Program (MFTRP)

Purpose

The National Science Foundation (NSF), Department of Defense (DOD), and other federal agencies have prohibited research personnel identified as senior/key personnel or "covered individuals" from participating in Malign Foreign Talent Recruitment Programs (FTRPs), as required by the CHIPS and Science Act of 2022. 

The procedure will help you determine if an arrangement falls within the definition of a Malign FTRP. 

Applicability 

Not all foreign talent recruitment programs are malign. If you have questions or concerns, request a foreign influence consultation.  

Instructions 

If  there exists an  arrangement as described in Box A 
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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—


and
has at least one factor from Box B 
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B. 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; or

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


and
is sponsored/funded from a source in Box C
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C. Problematic Sponsorship

A 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;  or

(3) an academic institution or a foreign talent recruitment program identified by the Department of Defense here on pages 18-21.

 

  then the arrangement falls within the definition of a Malign FTRP. Please contact the Office of Foreign Influence. 

 

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Last Updated: 5/2/24