Foreign Talent Recruitment Programs

Overview 

While there isn't a singular definition for a "foreign talent recruitment program," current guidance generally outlines such a program as an initiative organized, managed, or financed by a foreign government, or a foreign government instrumentality or entity, aimed at recruiting professionals or students in the field of science and technology, irrespective of their citizenship, national origin, or employment status (full-time or part-time). 

The U.S. Government has expressed many concerns about such programs due to potential undisclosed conflicts of interest, improper transfer of federally-funded research to foreign entities, breaches of export control laws, and intellectual property theft. 

Participation in certain types of foreign talent recruitment programs is prohibited by the CHIPS and Science Act of 2022 and could lead to a loss of federal funding. Critically, these include “malign foreign talent recruitment programs”, which are defined further in the sections below. While sponsorship of a foreign talent program is not exclusive to any country, the U.S. Government expresses heightened concern regarding programs affiliated with China, North Korea, Russia, and Iran. 

It is crucial for university students, faculty, staff, volunteers, and other associates at Duke to recognize that foreign talent recruitment programs are commonly distinguished by their activities, features, intents, or requirements rather than having a formal program name or official designation from a foreign government. Which means, a researcher may be participating in a foreign talent recruitment program based on the nature of their activities, irrespective of formal program associations. 

CHIPS and Science Act Prohibition 

The CHIPS and Science Act of 2022 requires that each federal research agency establish a policy requiring that covered individuals (including University faculty and key personnel) certify that they are not part of a “malign foreign talent recruitment program” or “MFTRP” at the time of proposal submission and annually thereafter. The CHIPS and Science Act also prohibits research and development awards from being made for any proposal in which a covered individual is participating in a MFTRP. 

The CHIPS and Science Act defines “Malign Foreign Talent Recruitment Programs” as follows: 

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; Currently China, North Korea, Russia, Iran 

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). 

Department of Energy Prohibition 

U.S. Department of Energy (DOE) contractor employees, including University researchers funded by DOE contracts or subcontracts, are prohibited from participating in certain foreign talent recruitment programs that are sponsored or affiliated with a “foreign country of risk”. In addition, the University must disclose to DOE whether applicable personnel are participating in a foreign talent recruitment program. 

The Department of Energy defines “Malign Foreign Talent Recruitment Programs” as follows:  

i) An effort directly or indirectly organized, managed, or funded by a foreign government to recruit science and technology professionals or students (regardless of citizenship or national origin, and whether having a full-time or part-time position). 

ii) Some foreign government-sponsored talent recruitment programs operate with the intent to import or otherwise acquire from abroad, sometimes through illicit means, proprietary technology or software, unpublished data and methods, and intellectual property to further the military modernization goals and/or economic goals of a foreign government. 

(iii) Many, but not all, programs aim to incentivize the targeted individual to physically relocate to the foreign state for the above purpose. 

(iv) Some programs allow for or encourage continued employment at U.S. research facilities or receipt of Federal research funds while concurrently working at and/or receiving compensation from a foreign institution, and some direct participants not to disclose their participation to U.S. entities. 

(v) Compensation could take many forms including cash, research funding, complimentary foreign travel, honorific titles, career advancement opportunities, promised future compensation, or other types of remuneration or consideration, including in-kind compensation. 

DOE O 486.1A. 

Disclosing participation at Duke 

Disclosure to federal agencies is critical with respect to foreign talent recruitment programs, and researchers should display full transparency. There may be multiple avenues that researchers should disclose their participation to federal agencies (including through Current and Pending (Other) Support, Biographical Sketch, and Foreign Component disclosures). See the University’s guidance regarding “Disclosing Collaboration and Support” for more details on disclosure obligations. 

All Covered Individuals are required to certify whether they are participants in a foreign talent recruitment program. Participation in a “malign” foreign talent recruitment program is prohibited. 

If you believe that you are or may have participated in a foreign talent recruitment program that has not been disclosed to your federal sponsors, please contact Lindsey Spangler (Lindsey.Spangler@duke.edu) in the Duke Office of Scientific Integrity to discuss disclosure and other compliance obligations.