Foreign Government Talent Recruitment Programs

Foreign Government Entity

Includes country, regional, or local level foreign governments, certain foreign corporations, and foreign public universities.

Foreign Government Talent Recruitment Program

In general, such programs include any foreign-state-sponsored attempt to 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. These recruitment programs are often part of broader whole-of-government strategies to reduce costs associated with basic research while focusing investment on military development or dominance in emerging technology sectors.

Distinguishing features of a foreign government talent recruitment program include:

  1. Compensation provided by the foreign state to the targeted individual in exchange for the individual transferring their knowledge and expertise to the foreign country. The compensation can take several forms, such as cash, research funding, honorific titles, career advancement opportunities, promised future compensation, or other types of remuneration or consideration.
  2. Recruitment in this context refers to the foreign-state-sponsor’s active engagement in attracting the targeted individual to join the foreign-sponsored program and transfer their knowledge and expertise to the foreign state. The targeted individual may be employed and located in the U.S., or in the foreign state. Recruitment would not necessarily include any invitation for engagement extended by the foreign state, for example, an invitation to attend or present work at an international conference.
  3. Many, but not all, programs aim to incentivize the targeted individual to physically relocate to the foreign state. Of particular concern are those programs that allow for continued employment at U.S. research facilities or receipt of U.S.-sponsored research funds while concurrently receiving compensation from the foreign state.

Malign Foreign Talent Recruitment Program

The CHIPS & Science Act of 2022 prohibits principal investigators and all senior/key persons involved in research or development awards funded by the U.S. federal government from participating in any malign foreign talent recruitment program.  Funding agencies are aligning and standardizing disclosures required.  All senior/key person must certify to the federal government that they are not party to a malign foreign talent recruitment program (MFTRP) and those persons are subject to various consequences.

An MFTRP is any program, position, or activity sponsored by either:

  • A foreign country of concern or an entity in a foreign country of concern (currently “the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, the Islamic Republic of Iran”), OR
  • An academic institution or foreign talent program that appears on this list.

And for which you are offered any of the types of compensation listed for performing any one or more of the problematic obligations or activities listed.

Compensation Type(s)

  • Cash
  • In-kind compensation, including research funding
  • Promise of future compensation
  • Complimentary foreign travel
  • Things of non de minimis value
  • Honorific titles
  • Career advancement opportunities
  • Other types of remuneration or consideration

Problematic obligations or activities:

  • Unauthorized transfer of intellectual property, materials, data, or other nonpublic information.
  • Recruitment of trainees or researchers to enroll in such program, position, or activity.
  • Establishing a lab or forming a company in a foreign country in violation of terms and conditions of a federal research award
  • Accepting a faculty position or undertaking any other employment or appointment in violation of the terms and conditions of a federal research award 
  • Signing a contract or agreement which you are unable to terminate except in extraordinary circumstances.
  • Committing a specified amount of time to work for the foreign institution.
  • Engaging in work that overlaps or duplicates a federal research award.
  • Applying for or receiving research funding from the foreign government that would be awarded to the foreign institution.
  • Requirement to omit acknowledgement of the foreign institution, or any U.S. federal research sponsors.
  • Requirement to not disclose participation in the program, position, or activity to ECU or the U.S. federal government.
  • Having a conflict of interest or commitment contrary to a federal research award

ECU requires that all EHRA employees – faculty and non-faculty – disclose participation in any foreign talent recruitment program.

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Additionally, any principal investigator or other person involved in programs sponsored federally, must disclose any participation in foreign talent recruitment programs and are prohibited from participating in any malign foreign talent recruitment program.