1. OSVPR Home
  2. Foreign Talent Recruitment Programs

Foreign Talent Recruitment Programs

Introduction

The United States government has become increasingly concerned about foreign government efforts to obtain technology from U.S. research and development activities. The loss of technology, particularly military technology, is a threat to national security. However, even the loss of non-military technologies can impact U.S. economic security, which is related to national security.  

Foreign government-sponsored talent recruitment programs are initiatives designed to attract skilled individuals from abroad to foster economic growth in the host country by acquiring proprietary technology or software, unpublished data, and intellectual property. Many programs use legitimate means to attract science and technology professors, researchers, academics, and possibly students. Some offer research fellowships and grants to incentivize researchers to relocate to the host country.  

However, some programs require participation in activities that create conflicts of interest and / or commitment. Some activities are unethical or even illegal. These types of talent recruitment programs are of the most concern and are considered to be “malign foreign talent recruitment programs” (MFTRPs). 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.  


What are the Risks?


The risks of participating in a MFTRP include: 

  • Threats to U.S. national security and economic security through the theft or diversion of intellectual property 
  • Potential disqualification from participating in federally sponsored research. 
  • Contracts and outside activities may violate University policy by creating unmanageable conflicts of commitment 

 

What is a “Malign” FTRP? 

A foreign talent recruitment program is malign if it falls under both A and B, as defined below. Click each column to expand the content. 

Talent recruitment programs sponsored by or located in any country deemed a “country of concern” by the U.S. government is an MFTRP. Currently that includes:   

 

  • The People’s Republic of China 
  • The Democratic People’s Republic of Korea (i.e., North Korea) 
  • The Russian Federation 
  • The Islamic Republic of Iran 
  • Any academic institution and foreign talent recruitment program on the lists created under sections 1286(c)(8) and 1286(c)(9) of the National Defense Authorization Act of 2019. A current list can be found on pages 18-21 of the document, “Countering Unwanted Foreign Influence in Department Funded Research at Institutions of Higher Education,” published by the Department of Defense on June 29, 2023. 

A foreign state entity from Column A that offers you any of the types of compensation in the “Compensation” section for performing one or more activities in the “Problematic Obligations or Activities” section is an MFTRP per the CHIPS and Science Act of 2022.  

Compensation

  • Cash 
  • In-kind compensation, including research funding 
  • Promise of future compensation 
  • Complimentary foreign travel 
  • Things of non de minimis value 
  • Honorific titles 
  • Career advancement opportunities 
  • Other types of remuneration or consideration 

Problematic Obligations or Activities 

  • Unauthorized transfer of intellectual property, materials, data, or other nonpublic information. 
  • Recruitment of trainees or researchers to enroll in such program, position, or activity. 
  • Establishing a lab or forming a company in a foreign country in violation of terms and conditions of a federal research award 
  • Accepting a faculty position or undertaking any other employment or appointment in violation of terms and conditions of a federal research award  
  • Signing a contract or agreement which you are unable to terminate except in extraordinary circumstances. 
  • Committing a specified amount of time to work for the foreign institution. 
  • Engaging in work that overlaps or duplicates a federal research award. 
  • Applying for or receiving research funding from the foreign government that would be awarded to the foreign institution. 
  • Requirement to omit acknowledgement of the foreign institution, or any U.S. federal research sponsors. 
  • Requirement to not disclose participation in the program, position, or activity to Penn State or the U.S. federal government. 
  • Having a conflict of interest or commitment contrary to a federal research award. 

 

 

Federal Government and University Expectations Regarding Disclosure and Reporting

Open scientific and scholarly collaboration between scholars from all over the world is one of the cornerstones of innovation and technological advancement, and Penn State remains committed to fostering such collaboration. However, disclosure and transparency regarding international collaborations and relationships are paramount not only to federal sponsors, but also to the University, via the University’s Conflict of Interest and Conflict of Commitment processes.  

Be sure to always: 

I Want to Collaborate with an International Entity. What Should I Do?

Before entering into an agreement or engaging in an activity with a foreign entity (government or academic institution), or if you have already received compensation from a foreign entity, contact Penn State’s Research Security Program (RSP) at research-security-orp@psu.edu. RSP staff can assist you with a risk assessment by discussing potential conflicts of interest and conflicts of commitment, reviewing the proposed agreements to identify potentially problematic terms, determine if the activity falls under the U.S. federal government’s definition of MFTRP, and assist with next steps as needed. 

Less formal academic collaboration, where there is no formal agreement, compensation, contract, or time commitment, is typically not considered to be an FTRP. For additional guidance on informal international collaborations, review the resource Building Successful International Research Collaborations. However, keep in mind that some types of collaborations may not be what they seem. Email research-security-orp@psu.edu for help in determining if the entity has any relevant risk factors.