Research Resources

Malign Foreign Talent Recruitment Programs (MFTRPs)

The CHIPS and Science Act of 2022 prohibits federal employees, contractors, and awardees from participating in Malign Foreign Talent Recruitment Programs (MFTRPs). While most talent recruitment programs are good and promote a healthy exchange of culture and knowledge, there are some that are part of a broader whole-of-government strategy to surreptitiously obtain U.S. technologies. These programs are considered malign and are generally one-sided, as well as contradictory to the Medical Center’s values.

A Foreign Talent Recruitment Program (FTRP) 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.

A Malign Foreign Talent Recruitment Program (MFTRP) is defined as:

Sponsored by one of the following:

  • A foreign country of concern (defined as the People's Republic of China including Hong Kong and Macau, 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 Secretary of State); or
  • An entity based in a foreign country of concern; or
  • An institution or program on certain prohibited lists.

AND any type of program, position or activity that involves one of more of the following:

  • 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 laboratory or entity 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 standard terms and conditions of a federal research award;
  • Being unable to terminate the activity except in extraordinary circumstances;
  • Being limited in capacity to carry out a federal research award;
  • Requirement to engage in work that overlaps or duplicates a federal research award;
  • Requirement to obtain research funding from the foreign government’s entities;
  • Requirement to omit acknowledgement of the U.S. home institution and/or the federal funding agency;
  • Requirement to not disclose participation in the program, position, or activity; OR
  • Having a conflict of interest or commitment contrary to a federal research award.

If you suspect that you have been contacted by, or are part of a talent recruitment program, please contact Research Compliance.

The following are NOT considered malign foreign talent programs:

  • Scholarly presentations and the publishing of 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 are aimed at advancing international scientific understanding 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.

The Medical Center, in accordance with Section 10638(4)(a)(i-ix) of the CHIPS and Science Act of 2022, expressly prohibits covered individuals who engage in federally funded research from participation in a Malign Foreign Talent Recruitment Program, per our policy.

Medical Center researchers must disclose if they are a talent program member of any kind during the annual Conlficts of Interest (COI) disclosure process for review. Participation in a “Malign” Foreign Talent Recruitment Program is prohibited for researchers applying for or receiving federal funding. In addition, participation in a Foreign Talent Recruitment Program of any kind must be disclosed prior to participating in submission of a federal proposal, and within 30 days of becoming a member of a Foreign Talent Recruitment Program, malign or otherwise.

If you have any questions related to your COI disclosures, contact the Research Compliance COI team. Moreover, please contact the Research Compliance Export Control team for any general questions about talent programs, as well as to request Restricted Party Screenings of your collaborators.

Section 10638 of the CHIPS and Science Act of 2022 defines a "covered individual" as an individual 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 from a Federal research agency; and
  • is designated as a covered individual by the Federal research agency concerned.

Federal funding agencies also have the latitude to expand the definition of "covered individuals" as appropriate and consistent with their mission.

Note: Any foreign collaborators on a research project listed as senior/key personnel on any applicable federal proposals should provide certification regarding their participation in a foreign talent recruitment program or MFTRP, as do all other “Covered Individuals” on the proposal.