Foreign Talent Recruitment Programs (FTRPs)

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. 

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

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.