Foreign Government Talent Recruitment

A Foreign Government Talent Recruitment Program (FGTRP) is a program organized, managed, or funded by a foreign government to recruit science and technology professionals or students in targeted fields. U.S. federal funding agencies have established requirements emphasizing the importance of identifying, disclosing, and certifying activities with foreign governments in order to protect national security and economic competitiveness. Agencies like the FBI and Department of Energy actively monitor foreign talent recruitment programs to identify potential risks.

At 水多多导航, all researchers must complete a Financial Conflict of Interest (FCOI) disclosure and certify any involvement in a foreign talent recruitment program prior to proposal submission through Sponsored Projects Administration.

Frequently Asked Questions

Identifying Foreign Government Talent Recruitment Programs (FGTRP)

Federal funding agencies, including the National Science Foundation, Department of Energy, and National Institutes of Health, have defined Foreign Government Talent Recruitment Programs as activities that involve the transfer of a researcher’s knowledge and expertise to a foreign country in exchange for compensation like cash, research funding, honorific titles, career advancement opportunities, or promised future compensation.

Such programs include any foreign state-sponsored attempt to acquire U.S. government funded scientific research or technology through recruitment programs that target scientists, engineers, academics, researchers, and entrepreneurs of all nationalities working or educated in the United States.  These recruitment programs are often part of broader foreign governmental strategies to reduce costs associated with basic research while focusing investment on military development or dominance in emerging technology sectors.

How do I know if I am being recruited for a Foreign Government Talent Program?

The best way for 水多多导航 researchers to protect themselves from the appearance of conflict of interest from a FGTRP is to request approval for foreign research activities before accepting an appointment or starting the activity.  The Office of Research and Innovation will review the activity with you and help you identify signs of talent recruitment program participation and potential conflicts of interests.  水多多导航 researchers will need to share a copy of the draft agreement or contract with 水多多导航 and identify any ‘side-deals’ or informal conditions related to the position. They will also need to identify any technology or research from 水多多导航 that they will use or study as part of the outside activity, or that is related to the research or commercial interests of the foreign entity.

Malign Foreign Government Talent Recruitment Programs

Many Foreign Government Talent Recruitment Programs utilize grants and research fellowships to encourage researchers to relocate to the foreign country as a means of growing the pool of talent in the respective fields. However, some programs, known as Malign Foreign Talent Recruitment Programs (MFGTRPs) encourage, or even require, unethical or criminal behavior or contain requirements that may conflict with the terms of federal research or development awards.  Some MFTRPs may require that the recipient take actions which may create a conflict of interest, conflict of commitment, or loss of intellectual property to their home institution.

The following are not considered Malign Foreign Talent Recruitment Programs:

  • Making scholarly presentations and/or publishing written materials regarding scientific information that is not otherwise controlled under current U.S. law
  • Participating in international conferences or other international exchanges, research projects, or programs involving the open and reciprocal exchange of scientific information, aimed at advancing international scientific understanding, and not otherwise controlled under current U.S. law
  • Advising a foreign student enrolled at an institution of higher education or writing a recommendation for such a student, at the student’s request 

Reporting Foreign Government Talent Recruitment Programs

Reporting to Funding Agencies: Funded researchers must complete funding agency certifications and identify participation in any foreign government talent recruitment programs as required by the funding sponsor.

  • NSF: As of May 20, 2024, senior/key personnel identified in funding proposals submitted to the National Science Foundation must certify annually that they are not party to a Malign Foreign Government Talent Recruitment Program.
  • DoE: The Department of Energy has tightly restricted talent program participation since 2019 with the implementation of DoE Order 486.1A. Personnel contributing to awards issued by the DoE must certify whether they are party to a Foreign Government Talent Recruitment Program when required in the award conditions.
  • DoD: Personnel contributing to awards issued by the Department of Defense must certify whether they are party to a Foreign Government Talent Recruitment Program when required in the award conditions.

Reporting to 水多多导航: Researchers must include any position, funding, and/or other financial support from foreign government agencies and institutions that may qualify as a Foreign Government Talent Recruitment Program in their FCOI Disclosure. Disclosure of the foreign relationship must be made prior to entering into the relationship. Research Integrity and Compliance, through the Office of Research & Innovation, evaluates disclosed relationships for conflicts of interest to ensure the researcher does not appear to be biased or unduly influenced by the relationship.

Resolving Potential Conflicts: If a potential conflict is identified, researchers must be responsive to requests for information from the Office of Research & Innovation and work proactively to resolve all policy and grant compliance concerns.

Avoiding Substantial Conflicts: 水多多导航 researchers cannot accept or benefit from research resources that conflict with their obligation to 水多多导航, or with the commitments they make to their U.S. federal funding agencies. Malign Foreign Government Talent Recruitment Programs generally involve obligations that conflict with 水多多导航 policies and U.S. federal funding policies, and therefore qualify as substantial conflicts of interest.

Prohibition on Malign Foreign Government Talent Recruitment Program Participation: Because Malign Foreign Government Talent Recruitment Programs qualify as substantial conflicts of interest, 水多多导航 researchers in such programs are prohibited from participating in federally funded research at 水多多导航.

 


 

Frequently Asked Questions

A “Covered Individual” is any individual responsible for the design, conduct, or reporting of an externally funded research project. Covered Individuals are required to submit an FCOI disclosure. This includes Principal Investigators (PIs), Co-Investigators, senior/key personnel, and any other individual (e.g. postdocs) responsible for the design, conduct, or reporting of the project, regardless of title or position. This requirement applies regardless of whether the individual receives salary or any other form of compensation from the research project.

Federal funding agencies have latitude in identifying other research participants as “Covered Individuals,” so it is important to check sponsor requirements carefully.

Many countries encourage the growth of their local research talent through programs designed to attract talented researchers to their institutions. FGTRPs often involve grants or fellowships to promising research candidates. 

However, some countries utilize MFTRPs which may incentivize criminal or unethical behavior on the part of the researcher. The definition of a MFTRP (described above) provides characteristics that may indicate that an FGTRP is in fact an MFTRP.

Of particular importance is the sponsorship of the program. An FGTRP may be an MFTRP if the program is sponsored by a foreign country of concern (currently China, Iran, North Korea, or Russia), an entity based in a foreign country of concern, or any other foreign sponsor identified in the National Defense Authorization Act of 2019 Section 1286(c)(8) or 1286(c)(9).

The U.S. government has determined that participation in FGTRPs raises the risk that federally funded research may be inappropriately obtained by foreign governments.  “Covered Individuals” must disclose participation in an FGTRP as part of the proposal submission process.

In addition, the CHIPS & Science Act prohibits any “Covered Individual” from participating in an MFTRP.  Failure to disclose or making a false certification may result in civil or criminal penalties.

It is also important to recognize that many MFTRP requirements may also violate 水多多导航 University policy.

Federal funding agencies require that every “Covered Individual” disclose whether they are a party to an FGTRP when submitting a funding proposal.  How this disclosure is made, as well as what information is to be disclosed, may vary by federal funding agency. It is important that researchers consult with their Grant Management Specialist (GMS) in Sponsored Projects Administration to ensure proper disclosure.

The U.S. federal government acknowledges many activities federally funded researchers conduct with international colleagues that typically do not present a research security risk:

  • Making scholarly presentations and publishing written materials regarding scientific information that is not otherwise controlled under export control laws, regulations pertaining to controlled unclassified information, or other legal obligations.

  • Participation 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 law.

  • Advising a foreign student enrolled at an institution of higher education or writing a recommendation for such a student, at such student’s request.

If a collaborator is considered a Senior/Key Personnel on a project, then they are considered a “Covered Individual” and should provide their certification on the proposal. 

 

水多多导航’s export control and research security program are overseen by the Director of Research Integrity & Compliance in the Office of Research and Innovation.

Please contact researchcompliance@smu.edu with any questions.

Federal agencies have clarified that the prohibition on participation in an MFTRP is not retroactive. Proposers must certify that they are not currently an active participant in an MFTRP at the time of proposal submission.

Note that the DoD Decision Matrix(Link is external) indicates that “Covered Individuals” with past MFTRP participation (up to August 9, 2022) may warrant additional mitigation measures.