Foreign Talent Recruitment Programs

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individuals from abroad to foster economic growth in the host country by acquiring proprietary technology or software, unpublished data, and intellectual property.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 is a “malign” foreign talent recruitment program? 

A foreign talent recruitment program is malign if: 

  • The arrangement is described in Section A below, and 
  • Has at least one factor from Section B and 
  • Has at least one factor from Section C 

Section A: Description

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.

Section B:  Programs with problematic sponsorship

  1. A foreign “country of concern” (FCOC) by the U.S. government is an MFTRP. Currently that includes:
    1.  The People's Republic of China
    2. The Democratic People's Repulic of Korea (i.e. North Korea)
    3. The Russian Federation
    4.  The Islamic Repulic of Iran
  2. An entity based in a FCOC, whether or not the program is directly sponsored by the government of the FCOC.
  3. An entity on a US government restricted entity list (Contact Export Control for additional information).
  4. An academic institution or a foreign talent recruitment program identified by the Department of Defense.

Section C: Problematic obligations or activities

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

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 UCSF’s Research Security Program (RSP). 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. However, keep in mind that some types of collaborations may not be what they seem. Contact the UCSF Research Security Program for help in determining if the entity has any relevant risk factors.