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Malign Foreign Talent Recruitment Program

A Foreign Talent Recruitment Program (FTRP) is a program organized, managed or funded by a foreign government to recruit science and technology professionals or students in targeted fields.  Many of these programs utilize grants and research fellowships to encourage researchers to relocate to the foreign country as a means of growing the pool of talent in the respective field.  

However, some programs, known as Malign Foreign Talent Recruitment Programs (MFTRPs) encourage, or even require, unethical or criminal behavior or contain requirements that may conflict with the terms of federal research or development awards. Definitions of FTRPs and MFTRPs are provided below.  

The prohibits federal employees, contractors, and awardees from participating in MFTRPs after August 9, 2024.   

Required Annual Certification for National Science Foundation (NSF) Awards

The National Science Foundation has issued a new annual certification requirement for Principal Investigators (PIs) and Co-Principal Investigators (Co-PIs) regarding Malign Foreign Talent Recruitment Programs (MFTRP).

• Who must certify: Only PIs and Co-PIs (not organizations).
• Where to certify: In , after signing in.
• How often: Once per year, regardless of the number of qualifying awards.
• Eligibility: Individuals currently involved in an MFTRP are not eligible to serve as senior/key personnel on NSF proposals or awards made on or after May 20, 2024.
• Certification visibility: PIs and Co-PIs can view their certification response in the Academic/Professional Information section of their Research.gov profile. NSF is working to provide organizations with access to the annual certifications.
• Future plans: NSF intends to expand this requirement to all senior/key personnel.
• FAQs are forthcoming on the webpage.  

Definitions

Foreign Talent Recruitment Program (Source:

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.

Malign Foreign Talent Recruitment Program (Source: webpage)

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:

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.
9. Having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award.

B. A program that 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 list developed under 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).
3. 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).

C. Per the PAPPG, the following are not considered malign foreign talent recruitment programs unless such activities 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):

1. Making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law.
2. 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.
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.