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Office of Research and Innovation
Research Administration and Compliance

Foreign Talent Recruitment Programs (FTRPs) – Reporting and Restrictions

Overview

The U.S. 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.

Participating in a foreign talent recruitment program (FTRP) is not illegal. However, some programs require participation in activities that create unmanageable 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).

NC State defines an FTRP as  “an effort organized, managed, or funded by a foreign government, or a foreign government instrumentality or entity, to recruit science and technology professionals or students (regardless of full-/part-time status, citizenship, or national origin) or as may be defined by an applicable government or funding agency.” (REG 01.25.01, section 3.11). Note: This would include government-sponsored fellowships and scholarships.

Disclosure Requirements

NC State’s REG 01.25.01 – Conflicts of Interest and Conflicts of Commitment requires that covered employees disclose the intention to participate in an FTRP prior to participation. This is done by submitting an External Professional Activities (EPA) Disclosure (previously known as NOI).

Federal agencies may also require disclosure of participation in FTRPs, especially if the participation includes conducting research. See Disclosures in Federal Agency Forms | Research Administration and Compliance for more agency-specific guidance.  

Prohibition

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. Covered Individuals subject to NC State’s REG 01.25.01 – Conflicts of Interest and Conflicts of Commitment are also prohibited from participating in MFTRPs (specifically section 5.2.B.2).

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

NC State defines MFTRP as a Foreign Talent Recruitment Program that is: 

  • sponsored by, affiliated with, or based in a Foreign Country of Concern or sponsored by an Entity of Concern and 
  • requires the Covered Individual to engage in activities that violate their obligations to NC State or to an applicable research sponsor, creating an unmanageable Conflict of Commitment.
Full MFTRP Definition

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

  • The People’s Republic of China
    • This includes Hong Kong and Macau
    • This does not include Taiwan (The Republic of China)
  • North Korea
  • Russia
  • Iran 

Note: Some federal agencies, such as the Department of Energy, may consider any FTRP associated with one of these Foreign Countries of Concern as high risk and may prohibit participation for those individuals they fund.

Any program sponsored by the countries of concern 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.  Note that the sponsorship can be directly from a government entity or on behalf of that government. 

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 the 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 NC State or the U.S. federal government. 
  • Having a conflict of interest or commitment contrary to a federal research award. 

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; and
  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.

Additional Resources about FTRPs

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