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Foreign Talent Recruitment Programs
Introduction
The United States government has become increasingly concerned about foreign government efforts to obtain technology from U.S. research and development activities. The loss of technology, particularly military technology, is a threat to national security. However, even the loss of non-military technologies can impact U.S. economic security, which is related to national security.
Foreign government-sponsored talent recruitment programs are initiatives designed to attract skilled individuals from abroad to foster economic growth in the host country by acquiring proprietary technology or software, unpublished data, and intellectual property. Many programs use legitimate means to attract science and technology professors, researchers, academics, and possibly students. Some offer research fellowships and grants to incentivize researchers to relocate to the host country.
However, some programs require participation in activities that create conflicts of interest and / or commitment. Some activities are unethical or even illegal. These types of talent recruitment programs are of the most concern and are considered to be “malign foreign talent recruitment programs” (MFTRPs). The CHIPS and Science Act of 2022 prohibits federal employees, contractors, and awardees, including institutions, individual investigators, and other key personnel from participating in MFTRPs.
Penn State, in accordance with Section 10638(4)(a)(i-ix) of the CHIPS and Science Act of 2022, expressly prohibits University employees, students, and faculty members who receive federal research funding from participation in/with malign foreign talent recruitment or malign foreign talent like recruitment programs per University policy RA20.
What is a “Malign” FTRP?
A foreign talent recruitment program is malign if it falls under both A and B, as defined below. Click the columns to expand.
Column A. Programs Sponsored by a "Country of Concern"
Talent recruitment programs sponsored by or located in any country deemed a “country of concern” by the U.S. government is an MFTRP. Currently that includes:
- The People’s Republic of China
- The Democratic People’s Republic of Korea (i.e., North Korea)
- The Russian Federation
- The Islamic Republic of Iran
- Any academic institution and foreign talent recruitment program on the lists created under sections 1286(c)(8) and 1286(c)(9) of the National Defense Authorization Act of 2019. A current list can be found on pages 18-21 of the document, “Countering Unwanted Foreign Influence in Department Funded Research at Institutions of Higher Education,” published by the Department of Defense on June 29, 2023.
Column B. Programs Requiring Participation in Problematic Obligations or Activities
A foreign state entity from Column A that offers you any of the types of compensation in the “Compensation” section for performing one or more activities in the “Problematic Obligations or Activities” section is an MFTRP per the CHIPS and Science Act of 2022.
Compensation
- 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 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 Penn State or the U.S. federal government.
- Having a conflict of interest or commitment contrary to a federal research award.
Federal Government and University Expectations Regarding Disclosure and Reporting
Open scientific and scholarly collaboration between scholars from all over the world is one of the cornerstones of innovation and technological advancement, and Penn State remains committed to fostering such collaboration. However, disclosure and transparency regarding international collaborations and relationships are paramount not only to federal sponsors, but also to the University, via the University’s Conflict of Interest and Conflict of Commitment processes.
Be sure to always:
- Obtain prior approval for any research engagements or appointments with foreign entities per policy AC80.
- Disclose travel, housing, gifts, or other types of compensation received from any foreign entities in COINS, Penn State’s Disclosure System, per policy RP06.
- Report any support or compensation to federal sponsors as Other Support/Current & Pending Support, if applicable.
- Researchers with Department of Energy (DOE) funding should review DOE Order 486.1A, Foreign Government Sponsored or Affiliated Activities (especially Attachments 1 and 2) for additional restrictions regarding participation in Foreign Talent Recruitment Programs.
- Review Policy AC17 Sabbatical Leave as it applies to your international collaboration.
- If you work with export-controlled technologies, also check with the Office of Export Control regarding your collaboration.
I Want to Collaborate with an International Entity. What Should I Do?
Before entering into an agreement or engaging in an activity with a foreign entity (government or academic institution), or if you have already received compensation from a foreign entity, contact Penn State’s Research Security Program (RSP) at research-security-orp@psu.edu. RSP staff can assist you with a risk assessment by discussing potential conflicts of interest and conflicts of commitment, reviewing the proposed agreements to identify potentially problematic terms, determine if the activity falls under the U.S. federal government’s definition of MFTRP, and assist with next steps as needed.
Less formal academic collaboration, where there is no formal agreement, compensation, contract, or time commitment, is typically not considered to be an FTRP. However, you are encouraged to perform due diligence on potential collaborators, especially those in foreign countries of concern (e.g., China, Russia, Iran, North Korea, based on current federal guidance). The University’s Research Security Program (RSP) can assist you by conducing a Research Security Review. Email research-security-orp@psu.edu to request a review. For additional guidance on informal international collaborations, review the resource Building Successful International Research Collaborations.
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