Foreign Talent Recruitment Programs and Malign Foreign Talent Recruitment Programs

Collaboration, whether with domestic or international partners, has always been and remains an important component of scientific advancement and innovation. However, in recent years, the U.S. government has expressed concern that foreign entities, governments, and/or individuals are having inappropriate and undue influence on U.S. government-funded researchers and institutions. It has, particularly, voiced concerns about the non-reciprocal exchange of ideas and perceived efforts of some foreign governments to exploit the U.S. research environment "to circumvent the costs and risks of conducting research." 

This page describes Foreign Talent Recruitment Programs (FTRP) and Malign Foreign Talent Recruitment Programs (MFTRP) and recent policies that federal funding agencies have developed concerning participation in these programs.

What is a 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."

The following activities are not considered FTRPs unless they 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):

  • making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law;
  • participation 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; 
  • advising a foreign student enrolled at an institution of higher education or writing a recommendation for such a student at such student’s request.
  • Engaging in the following international activities:
    • activities that are partly sponsored or otherwise supported by the United States, such as a government appointee to the board of a joint scientific fund (e.g., the U.S. - Israel Bi-national Industrial Research and Development Foundation); providing advice to or otherwise participating in international technical organizations, multilateral scientific organizations, and standards-setting bodies (e.g., the International Telecommunications Union, Intergovernmental Panel on Climate Change, etc.); participating in 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.
    • 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 (e.g., membership in the Pontifical Academy of Sciences or The Royal Society).
    • 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 (e.g., the University of Oxford, McGill University) that are not in conflict with the interest of the federal research agency. 
    • receiving awards for research and development which serve to enhance the prestige of the federal research agency (e.g., the Nobel Prize).
    • other international activities determined appropriate by the federal research agency head or designee. 

NOTE: Participation in a FTRP is not prohibited but must be disclosed. Only MFTP programs are prohibited. 

Back to Top 

How to Identify a potential Malign Foreign Talent Recruitment Program?

As required by Federal Sponsors, the University of Colorado of Colorado Springs (UCCS) prohibits employees (including faculty, postdocs, and staff) and students with responsibility for the purpose, design, conduct, or reporting of research from participating in malign foreign talent recruitment programs (MFTRPs). Adopted from NSF PAGG 24-1 and the National Security Presidential Memorandum 33 (NSPM-33).

STEP 1. Sponsorship

Determine that the program 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, currently defined as:
    1. The People’s Republic of China
    2. The Democratic People’s Republic of Korea (i.e., North Korea)
    3. The Russian Federation
    4. The Islamic Republic of Iran
  2. An academic institution or a foreign talent recruitment program on the 1286 list. Note that the 1286 lists are not comprehensive, and programs may change over time. Lack of listing does not guarantee clearance. For specific inquiries, contact Mike Sanderson in the Office of Research Integrity at ospcompliance@uccs.edu.

STEP 2. Additional Criteria

Also consider the following prohibited criteria:

  • Unauthorized transfer of intellectual property, materials, data or other nonpublic information owned by a U.S. entity or developed with a federal research award to a foreign government or affiliated entity
  • Requirement to recruit trainees or researchers
  • Establishment of a laboratory, company or employment in violation of federal research award terms
  • Inability to terminate the recruitment program contract except in extraordinary circumstances
  • Limitations on research capacity or substantial overlap with a federal research award
  • Obligation to apply for funding from a sponsoring foreign government agencies
  • Omission of acknowledgment of the recipient institution or federal research agency
  • Non-disclosure of participation in the program
  • Conflicts of interest or commitment contrary to federal research award terms or university policy

Exclusions

Participation in a Foreign Talent Recruitment Program (FTRP) is not prohibited but must be disclosed as required to sponsors and to UCCS via the campus Conflict of Interest (COI) process. Only programs deemed malign are prohibited. 

The following are not considered MFTRPs as long as the activity is disclosed and not deemed inappropriate by the UCCS Office of Research Integrity, which will consult with the UCCS Conflict of Interest Committee:

  • Scholarly Presentations and Publications:
    • Making scholarly presentations and publishing written materials regarding scientific information
  • International Conferences and Exchanges:
    • Participating in international conferences or other exchanges that involve open and reciprocal exchange of scientific information for the purpose of advancing international scientific understanding
  • Advising Foreign Students:
    • Advising a foreign student enrolled at an institution of higher education or writing a recommendation for such a student upon their request
  • Other International Activities:
    • Engaging in activities partly sponsored or supported by the U.S. Federal Government, such as serving as a government appointee to the board of a joint scientific fund
    • Providing advice or participating in international technical organizations, multilateral scientific organizations, and standards-setting bodies
    • Participating in Fulbright Commission programs funded in part by a host country government
    • Routine international scientific exchanges, including providing invited lectures or participating in international peer review panels
    • Involvement in national or international academies or professional societies that produce publications in open scientific literature
    • Taking a sabbatical, serving as a visiting scholar, or pursuing continuing education activities (e.g., receiving a doctorate or professional certification) at an institution of higher education
    • Receiving awards for research and development that enhance the prestige of a federal research agency (e.g., the Nobel Prize)

NOTE: Participation in a FTRP is not prohibited but must be disclosed. Only MFTP programs are prohibited.

Back to Top 

NSF Requirements

The NSF's PAPPG 24-1, effective May 20, 2024, prohibits proposals' senior personnel from participating in MFTRPs. Prior to proposal submission, senior personnel must also certify that they are not party to a MFTRP. NSF will also require an "Authorized Organizational Representative" to certify that senior personnel have been made aware of and are in compliance with the NSF policy regarding MFTRPs. More information about these new requirements can be found in NSF's informational webinar, as well as in the PAPPG 24-1

Visit the UCCS Other Support Disclosure page to learn about additional NSF disclosure requirements.

Back to Top 

DoD Requirements

The DoD requires institutions to confirm compliance with overarching prohibitions against covered individuals participating in MFTRPs. The DoD defines "covered individuals" as those who are “essential to the successful performance” of the research and listed as key personnel in project proposals, such as principal or co-principal investigators. The DoD considers a foreign talent recruitment program to be malign if it is sponsored by a "foreign country of concern" - e.g., the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, the Islamic Republic of Iran - or any program connected to or sponsored by these governments. Additionally, if an entity on the foreign entity list sponsors a foreign talent recruitment program, then that program is also deemed a malign foreign talent recruitment program.

Back to Top 

It is critical to disclose all affiliations with foreign talent recruitment programs via the UCCS conflict of interest disclosure and to ensure this disclosure aligns with disclosures made to federal funding agencies and vice versa.

Please note that participation in an MFTRP is prohibited. If you are unsure whether you are participating in an FTRP or MFTRP, contact Mike Sanderson at ospcompliance@uccs.edu as soon as possible.