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Foreign Talent Programs

Foreign Talent Recruitment Programs (FTRPs) and Malign Foreign Talent Recruitment Programs (MFTRPs)

​Updated COI policy for Research related to Foreign Talent Programs

The federal government continues to institute regulations related to Foreign Talent Recruitment Programs. As a result, we have updated Northwestern’s Policy of Conflict of Interest in Research to include definitions of Foreign Talent Programs and “Malign” Talent Recruitment Programs.

Many countries sponsor talent recruitment programs for legitimate purposes of attracting researchers. However, association with a certain Foreign Talent Recruitment Programs can lead to ineligibility to receive federal funding for your research. Researchers applying for or working on a federal award cannot be a “Malign” Foreign Talent Program member or participant under a new federal mandate.

Northwestern researchers must disclose if they are a talent program member of any kind during the annual disclosure process for review. Participation in a “Malign” Foreign Talent Recruitment Program is prohibited for researchers applying for or receiving federal funding. In addition, participation in a Foreign Talent Recruitment Program of any kind must be disclosed prior to participating in submission of a federal proposal, and within 30 days of becoming a member of a Foreign Talent Recruitment Program, malign or otherwise.

If you have any questions related to your COI disclosures, contact the COI office and contact the Export Controls & International Compliance (ECIC) team for general questions about talent programs and to request Restricted Party Screenings of your collaborators.

What is a Foreign Talent Recruitment Program?  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. Reference:  OSTP definition from the White House dated 15 February 2024.

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): Reference pages 17-21.

  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:
    1. 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.
    2. 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).
    3. 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.
    4. Receiving awards for research and development which serve to enhance the prestige of the federal research agency (e.g., the Nobel Prize).
    5. Other international activities determined appropriate by the federal research agency head or designee

These recruitment programs are often part of broader whole-of-government strategies to reduce costs associated with basic research while focusing investment on military development or dominance in emerging technology sectors. Not all talent programs are problematic; however, some federal agencies do not allow members of talent programs from countries of concern to participate in certain federally funding projects. Members of talent programs that meet certain criteria that is considered “malign” cannot apply for or participate in federal funding projects.

What is a Malign Foreign Talent Recruitment Program (MFTRP)?

The federal government’s definition of a MFTRP or “malign” program includes three main elements:  (1) Sponsored by a “country of concern” as defined by the Secretary of State, and currently (as of January 1, 2024) includes China, North Korea, the Russian Federation, and Iran; (2) There is some form compensation or benefit (which does not have to be monetary, including the promise of a future benefit including in-kind contributions or honorary titles); and  (3) Includes one of more of  the problematic indicators in the federal government’s definition of a “malign” talent program.

Participation in a MFTRP is prohibited for researchers applying for or receiving federal funding.

Behaviors/ Examples:  Still have questions? We’ve created a chart to help determine if your talent program is “malign.” If you are still uncertain, please reach out to your Dean’s Office or the ECIC team. Here is a link to the full definition of a MFTRP on page 5.

malign_talent_program_graphic.png

Download PDF of Malign Talent Graphic

How does this affect me?

Complete and Update Disclosures:  Complete and update federal agency and Northwestern disclosures. Review the federal requirements and Northwestern disclosure expectations when submitting a proposal or accepting funding.

Review and use the Northwestern Resources:  Review and use the resources on the federal agency requirements maintained by Sponsored Research (SR) and the foreign influence guidance from the Office of Export Controls & International Compliance (ECIC). 

Use the NSF-Approved Formats for the Biographical Sketch: The mandate to use SciENcv only to prepare biographical sketches and current and pending support for National Science Foundation (NSF) proposals will go into effect for new proposals submitted or due on or after October 23, 2023. In the interim, proposers may continue to prepare and submit this document using SciENcv or the NSF fillable PDF.

For disclosure questions, contact the Northwestern COI team.

Where do I go if I have more questions?

The Export Controls and International Compliance team and your Dean’s Office are here to help. Assessing whether something is a Foreign Talent Recruitment Program, particularly whether it’s malign, can be nuanced and we encourage you to focus on characteristics and behaviors.

Northwestern issued a memo with guidance for researchers related to foreign influence in July 2023. You can find that memo here.

Additional Resources about FTRPs