Foreign Talent Recruitment Programs

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.

A foreign talent recruitment program does not include the following international collaboration activities, so long as the activity is not 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.          Participating 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; and 

4.          Engaging in the following international activities: 

a.          Activities that are partly sponsored or otherwise supported by the United States such as serving as a government appointee to the board of a joint scientific fund; providing advice to or otherwise participating in international technical organizations, multilateral scientific organizations, and standards setting; participating in a 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. 

b.          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. 

c.          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 that are not in conflict with the interests of the federal research agency. 

d.          Receiving awards for research and development which serve to enhance the prestige of the federal research agency. 

e.     Other international activities determined appropriate by the federal research agency head or designee. 

A Foreign Talent Recruitment Program is – 

A.      Any program, position, or activity  

B.      That includes compensation

• cash
• in-kind compensation
• research funding
• promised future compensation
• complimentary foreign travel
• things of non de-minimis value
• honorific titles
• career advancement opportunities
• other types of remuneration or consideration

C.      Directly provided by a foreign country at any level 

• national, provincial, or local level or designee
• an entity based in, funded by, or affiliated with a foreign country, whether or not directly sponsored by the foreign country

D.      To an individual

E.       Whether directly or indirectly stated

• arrangement
• contract
• other documentation

The term ‘‘malign foreign talent recruitment program’’ means — 

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:

(i)          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; 

(ii)        being required to recruit trainees or researchers to enroll in such program, position, or activity;

(iii)      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; 

(iv)      being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances; 

(v)       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; 

(vi)      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; 

(vii)    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; 

(viii)  being required to not disclose to the Federal research agency or employing institution the participation of such individual in such program, position, or activity; or 

(ix)      having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award; and 

B.         A program that is sponsored by — 

(i)          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; 

(ii)        an academic institution on the list developed under section 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); or 

(iii)      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).

A Foreign Talent Recruitment Program is Malign if:

The program, position, or activity described in Section A applies;

At least one factor applies from Section B; and

At least one factor applies from Section C.

A Malign Foreign Talent Recruitment Program is – 

A.     A 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)

whether directly or indirectly stated in the arrangement, contract, or other documentation

B.      In exchange for —

• unauthorized transfer of intellectual property, materials, data products, or other nonpublic information owned by a U.S. entity or developed with a Federal research and development award;
• requirement to recruit trainees or researchers to enroll in such program, position or activity;
• establishing a laboratory in a foreign country;
• forming a company in a foreign country;
• accepting a faculty position in violation of terms and conditions of a federal research award;
• undertaking employment in violation of terms and conditions of a federal research award;
• undertaking an appointment in violation of terms and conditions of a federal research award;
• inability to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;
• being limited in the capacity to carry out a UMB Federal or other Federal award; 
• engaging in work that would result in substantial overlap or duplication with a Federal research and development award;
• requirement to apply for and receive research funding from the foreign government’s entities;
• requirement to omit acknowledgment of UMB and/or funding agency;
• requirement to not disclose participation in the program, position, or activity to UMB or the federal government; or
• having a conflict of interest or commitment contrary to a federal research award

C.     To the targeted individual

D.     Sponsored by one of the following:

• A foreign country of concern (FCOC):
  • China (Hong Kong and Macau)
  • Iran
  • North Korea 
  • Russia
• An entity based in a FCOC; 
• An entity on a US government restricted entity list;
• An academic institution on certain prohibited lists; or
• A foreign talent recruitment program on certain prohibited lists

Malign Foreign Talent Recruitment Program Warning Signs

• Incentives 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 US federal research funds while concurrently receiving compensation from the foreign state.
• Focus on individual researcher instead of project/subject matter.
• Remuneration (salary, stipend, research funding, etc.) significantly above “market” for expected activities.
• Foreign entity title for researcher implies greater connection than underlying facts.
• Foreign residency application encouraged or facilitated.
• Requires changing of researcher’s primary institute affiliation for purposes of journal citations.
• Fundamental research purpose unclear or undefined.
• Requirements to recruit or train other talent recruitment plan members, circumventing merit-based processes.

https://research.mit.edu/security-integrity-and-compliance/foreign-engagement/regulations-and-references/foreign-talent

• Agreements that conflict with UMB Policies
• Research commitments that exceed the time available.
• Requirements to duplicate work completed at UMB or for other sponsors.
• Offering “tax-free” monetary compensation.
• The use of third-party intermediaries for payment
• Requirements of the exchange of unpublished data (outside of an MTA or NDA through UMB)
• The U.S. researcher does not have the unilateral right to terminate.
• Both the foreign institution and the foreign government must approve the application for termination of the contract by the U.S. researcher.
• Penalty for breach of contract by the U.S.-funded researcher is not clearly defined.

https://your.yale.edu/research-support/research-integrity-security-office/research-security/foreign-talent-recruitment

Department of Defense

Table 2: Foreign Talent Programs that Pose a Threat to National Security Interests of the United States

Changjiang Scholar Distinguished Professorship
Hundred Talents Plan
Pearl River Talent Program
Project 5-100
River Talents Plan
Thousand Talents Plan
Any program that meets one of the criteria contained in section 10638(4)(A) and either sections 10638(4)(B)(i) or (ii) of the Creating Helpful Incentives to Produce Semiconductors and Science Act of 2022

Enhancing the Security and Integrity of America’s Research Enterprise

Information and examples on problematic foreign government-sponsored talent recruitment programs published by the White House Office of Science and Technology Policy begin on Slide 17.