Malign Foreign Talent Recruitment Programs

Foreign Talent Recruitment Programs (FTRPs) are efforts organized, managed or funded by a foreign government to recruit STEM professionals and students. The individuals may receive compensation such as research funding, honorific titles, advancement opportunities, compensated travel and accommodations, or future promotions.

However, some programs, known as Malign Foreign Talent Recruitment Programs (MFTRPs) encourage, and at time require, unethical or criminal behavior or contain requirements that conflict with federal research awards. Many MFTRPs require the recipient to take actions that pose a conflict of interest or commitment, or a loss of intellectual property. In addition, many MFTRPs require the recipient keep their participation in the program secret from their U.S. employer or funding agencies.

MFTRPs are defined by Congress in the Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act of 2022. This definition distinguishes between FTRPs and MFTRPs and places a restriction on working with programs sponsored by a country of concern: China, including Hong Kong and Macau, North Korea, Iran, Russia, and Russian occupied areas of Ukraine.

Participating in a MFTRP is prohibited

A foreign talent program is considered “malign” when it offers cash or in-kind compensation, including research funding, in exchange for one of the following:

  • Engagement in the unauthorized transfer of intellectual property, materials or other nonpublic information
  • Recruiting others (trainees, researchers, speakers) to participate in the talent program
  • Establish a laboratory, employment or appointment in a foreign country in violation of the terms and conditions of a Federal award
  • Inability to terminate the contract
  • Engage in work for another country that overlaps with U.S. Federal funding
  • Omission of home institution and/or funding acknowledgement
  • Conceal program in any way

What is NOT a MFTRP?

A FTRP or MFTRP does not include the following activities:

  • Advising a foreign student enrolled in higher education or writing recommendations
  • Participating in international conferences or other international exchanges, including research projects that involve open and reciprocal exchange of information and not otherwise controlled under current law
  • Making scholarly presentations or publishing materials not otherwise controlled under current law
  • Activities that are partially sponsored or otherwise supported by the United States
    • Serving as a government appointee to the board of a joint scientific fund
    • Involvement in national or international academies or professional societies
    • Providing advice to international technical organizations, multilateral scientific organizations, or standards setting bodies
    • Participating in a Fulbright Commission program
  • Taking a sabbatical or serving as a visiting scholar that are not in conflict with the interests of the federal research agency

Frequently Asked Questions

  • Do I need to disclose participation in an FTRP?
    • Federal agencies will require all covered individuals disclose whether they are a party to an FTRP.
  • Who are “covered” individuals?
    • Covered individuals are researchers who contribute in a substantive, meaningful way to the development or execution of federally sponsored projects.
  • Can I participate in an MFTRP?
    • Colorado State University faculty and staff are NOT permitted to participate in a MFTRP.
  • Where do I go for more information?
    • The export controls and international compliance team in Secure and Global Research can assist with any questions concerning FTRP and MFTRPs.