Overview
Higher education institutions acknowledge that many countries sponsor talent recruitment programs to attract researchers in targeted fields. Many programs utilize legitimate, transparent mechanisms of talent recruitment, including use of research fellowships, student and scholar exchanges, and grants. However, some programs provide direction or levy requirements, including through language in binding contracts, that create conflicts of interest and/or conflicts of commitment for researchers; some have been shown to encourage or direct unethical and even criminal behaviors.
Recent government guidance has shifted focus to foreign talent recruitment programs, especially malign foreign talent recruitment programs (MFTRP). The CHIPS and Science Act of 2022 directs federal research sponsors to maintain policies that:
- Require covered individuals to disclose all participation in MFTRPs, and
- Prohibit recipients of federal support from participating in any MFTRPs
If you partake in research, please complete the international engagement form prior to entering any new international engagements and/or collaborations. Please contact Research Compliance with any questions at ResearchCompliance@northeastern.edu.
Disclosure Requirements
Disclosure Obligations to Northeastern
Northeastern faculty are required to disclose the intention to participate in a FTRP prior to participation to ensure compliance with the the Policy on Conflict of Interest and Commitment. To obtain approval, the faculty member must submit a copy of any contract or agreement defining the parameters of the international engagement, as well as the questionnaire available at NU-RES Research Compliance’s International Engagements Compliance website. If no contract or agreement is available, the faculty member is expected to provide sufficient detail to clarify the scope, duration and location of the international engagement in the intake form.
All full-time employees are required to report annually the Conflict of Interest and Commitment disclosure form when instructed to by the University Compliance Department. Part time employees may also be asked to complete this report depending on the nature of their duties at Northeastern.
Disclosure Requirements for Federal Research
The CHIPS & Science Act requires federal agencies to implement policies requiring all PIs and senior/key personnel to disclose FTRP participation in the appropriate federal forms. All foreign appointments are required to be included in Biosketches, and any form of compensation, in-kind or funded research support, or resource provided by the foreign entity must be included in the Current and Pending/Other Support form. In February 2024, OSTP released Guidelines for Federal Research Agencies Regarding Foreign Talent Recruitment Programs which serves as a uniform set of guidelines for Federal research agencies regarding foreign talent recruitment programs.
Currently the Department of Defense (DoD) and the Department of Energy (DOE) have created and released policies addressing participation in MFTRPs. NSF has released their draft PAPPG 2025 which addresses MFTRPs. A quick guide to NSF’s disclosure requirements for MFTRP’s can be found here.
NU-RES Research Compliance is here to help research administration staff and researchers navigate the research security realm. We are happy to review and screen potential foreign talent programs that researchers are considering joining and provide advice on how they can continue to collaborate internationally while protecting their research and IP.
Prohibition
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. Northeastern’s Policy on External International Engagements prohibits faculty members who are participants in MFTRPs from participating in any current research efforts that are federally funded and/or applying for any federally funded research grants.
What is a Malign Foreign Talent Recruitment Program (MFRTP)?
Northeastern defines MFRTP as a Foreign Talent Recrutiment Program that is:
- Sponsored by, affiliated with, or based in a foreign country of concern or sponsored by an entity of concern, and
- Is a foreign government-sponsored program, position, or activity that involves problematic requirements or obligations, potentially leading to the unethical or unlawful acquisition of U.S. research or technology, therefore creating an unmanageable conflict of commitment.
Review the MFTRP definition below for full details.
What is NOT a Foreign Talent Recruitment Program
Consistent with Section 10632(d) of the Act, 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):
- Making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law;
- 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;
- 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
- Engaging in the following international activities:
- 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 (e.g., the U.S.- Israel Binational Industrial Research and Development Foundation); providing advice to or otherwise participating in international technical organizations, multilateral scientific organizations, and standards setting bodies (e.g., the International Telecommunications Union, Intergovernmental Panel on Climate Change, etc.); 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.
- 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 (e.g., membership in the Pontifical Academy of Sciences or The Royal Society).
- 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 (e.g., the University of Oxford, McGill University) that are not in conflict with the interests of the federal research agency.
- Receiving awards for research and development which serve to enhance the prestige of the federal research agency (e.g., the Nobel Prize).
- Other international activities determined appropriate by the federal research agency head or designee.
Related Definitions
Covered Individual
as defined by NSPM-33 is an individual who (a) 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 (b) is designated as a covered individual by the Federal research agency concerned. Consistent with NSPM-33, this means principal investigators (PIs) and other senior/key personnel seeking or receiving Federal research and development funding (i.e., extramural funding) and researchers at Federal agency laboratories and facilities (i.e., intramural researchers, whether or not federally employed), including Government-owned, contractor-operated laboratories and facilities.
Entity of Concern
Entity of Concern is any entity that the US Government has identified in accordance with Section 10114 of the CHIPS Act of 2022 (Public Law 117-167) as posing an unmanageable threat to the national security of the United States or of theft or loss of United States intellectual property.
Foreign Country of Concern
With the CHIPS and Science Act (PL No. 117-167), Congress identified countries that are strategic competitors to the United States or have demonstrated behavior that is counter to the national security of the United States. State-owned enterprises within these countries are deemed to also be foreign entities of concern. Researchers working with government entities and state-owned enterprises within these countries will likely experience additional federal scrutiny when being considered for federal-sponsored research projects.
The following countries are currently identified as countries of concern:
> Russia
> China (Including Hong Kong and Macau, excluding Taiwan)
> Iran
> North Korea
Foreign Talent Recruitment Program (FTRP)
as defined by the Office of Science and Technology (OSTP) 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 is an effort organized, managed, or funded by a foreign government, or a foreign government instrumentality or entity, to recruit science and technology professionals or students (regardless of citizenship or national origin, or whether having a full-time or part-time position).
Malign Foreign Talent Recruitment Program (MFTRP)
are defined if the arrangement is described in Section A below, and has at least one factor from Section B and at least one factor from Section C, the arrangement falls within the C&S Act’s definition of a MFTRP:
A. Definition
Any program, position, or activity that includes compensation in the form of cash, in-kind compensation, including research funding, promised future compensation, complementary foreign travel, things of non de minimis value, honorific titles, career advancement opportunities, or other types of renumeration 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 –“
B. Problematic Obligations/Activities
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 acknowledgement of the recipient institution with which the individual is affiliated, or the Federal rsearch 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; or
(9) having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award;
C. Problematic Sponsorship
And is a program sponsored by —
(1) a foreign country of concern (FCOC), currently defined as:
– China,
– Iran,
– North Korea, and
– Russia;
(2) an entity based in a FCOC, whether or not the program is directly sponsored by the government of the FCOC; or
(3) an academic institution or a foreign talent recruitment program identified by the DOD.