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Foreign Talent Recruitment Programs

Foreign talent recruitment programs are part of international collaboration and academic research. However, they can come with risks that require careful consideration and mitigation. Unfortunately, international collaboration misuse has become a more common way to exploit researchers and wrongfully use U.S. funded data and technologies through malign foreign talent programs. 

This is a program which is organized, managed, or funded by a foreign government to recruit science and technology professionals or students. These programs involve compensation in exchange for program participation such as case, research funding, or complementary travel expenses paid by the government. 

These programs are defined by nine characteristics which show the intent to acquire technology, software, unpublished data or methods, and intellectual property to further military goals and/or economic goals of that foreign government. These are considered malign and challenge national research security. 

Under the 2024 White House Office of Science and Technology Policy (OSTP) Guidelines (pdf) covered individuals (persons involved in federally funded research and development) are prohibited from participating in a malign foreign talent recruitment program.

 

Nine Characteristics of an MFTRP

These programs include compensation in change for any of the following:

1. Engaging in an unauthorized transfer of intellectual property, materials, data products, or nonpublic information.

2. Being required to recruit trainees or researchers to enroll in such programs.

3. Establishing a lab or accepting a faculty position in violation of the terms and conditions of a Federal award.

4. Being unable to terminate the foreign talent recruitment program.

5. Being required to duplicate work with a federal award.

6. Being required to apply for funding from the sponsoring foreign government.

7. Being required to omit acknowledgment of the recipient institution or agency sponsoring the research.

8. Being required to not disclosure to the Federal research agency participation in such program.

9. Having a conflict of interest or commitment contrary to the terms and conditions of a Federal award.

AND

1. Is sponsored by a foreign country of concern or an entity based in a foreign country of concern (China, Iran, North Korea, and Russia).

2. Or is an academic institution on lists developed under the Department of Defense NDAA 1286 list 

 

Please also see the Department of War Decision Matrix

If you are unsure whether your program constitutes as an MFTRP, please utilize the self assessment below. If you need additional assistance or are still unclear, please reach out to ORI.

 

Section 1: Worksheet Applicability Questions
S1 Q1. Covered Individual: Are you an individual who (A) contributes in a substantive, meaningful way to the scientific development or execution of a research and development project proposed to be carried out with a research and development award from a federal research agency; and (B) is designated as a covered individual by the federal research agency concerned?
S1 Q2. Foreign Government Compensation Involvement: Are you a participant in 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 minimus 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.
STOP:
If you answered "yes" to both S1 Q1 and S1 Q2, this means you are considered a covered individual and an FTRP participant.
  • Action: Move on to the below section 2, 3 and 4 assessments to determine if this is considered a malign FTRP
If you answered "No" to either question above, you are not in an FTRP and do not need to assess your involvement further.
 
Section 2: Malign Characteristics Questions
S2 Q1. Forced IP Transfer: Are you required to engage in the unauthorized transfer of intellectual property, materials, data products, or other nonpublic information owned by a United States entity or developed with a federal research and development award to the government of a foreign country or an entity based in, funded by, or affiliated with a foreign country regardless of whether that government or entity provided support for the development of the intellectual property, materials, or data products?
S2 Q2. Recruiting: Are you required to recruit trainees or researchers to enroll in such foreign government program, position, or activity?
S2 Q3. Foreign Affiliation: Have you established a laboratory or company, accepted a faculty position, or undertaken any other employment or appointment in a foreign country or with an entity based in, funded by, or affiliated with a foreign country, understanding (or later learning) that such activities are in violation of the standard terms and conditions of a federal research and development award?
S2 Q4. Non-Terminable Contract: Are you unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances?
S2 Q5. Duplicate Research Conflict: Through funding or effort related to the foreign talent recruitment program, are you limited in the capacity to carry out a research and development award or required to engage in work that would result in substantial overlap or duplication with a federal research and development award?
S2 Q6. Mandated Foreign Funding: Are you required to apply for and successfully receive funding from the sponsoring foreign government’s funding agencies with the sponsoring foreign organization as the recipient?
S2 Q7. Omitted Research Attribution: Are you required to omit acknowledgment of the University or the federal research agency sponsoring the research and development award, contrary to the institutional policies or standard terms and conditions of the federal research and development award?
S2 Q8. Undisclosed Foreign Participation: Are you required not to disclose to the federal research agency or the University of South Carolina that you are participating in the program, position, or activity?
S2 Q9. Research Conflict Violation: Has your affiliation with the Foreign Entity/Program resulted in a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the federal research and development award?
STOP
If you answered "Yes" to any of the question in section 2 your FTRP displays one or more of the nine characteristics of a malign FTRP. Please reach out to The Office of Research Integrity at ori@wku.edu for more support and information.

If you asnwered "No" to all questions in section 2, your FTRP does not display the characteristics of a malign FTRP. 
  • Actions: please continue to section 3 to determine if there is affiliation with countries of concern.
 
Section 3: Final Determinations
S3 Q1. Foreign Countries of Concern (FCOC): Is the Foreign Entity/Program directly or indirectly based in, funded by or affiliated in any way with the following FCOCs: China (including Hong Kong), Russia, Iran or North Korea?
S3 Q2. Department of Energy (DOE) Funding: Do you now or will you in the coming year have DOE federal funding?
 
S3 Q3. Does the sponsoring Foreign Entity/Program appear in one of the following lists of possible threats to U.S. national security?:
1. Department of Defense NDAA 1286 list 
2. National Academies listing of foreign talent programs that may pose a threat to U.S. national security interests (list appears in appendix C, pages 251-262) 
3. Center for Security and Emerging Technology Chinese Talent Program Tracker 
 
STOP
If you answered "Yes" to any question in Section 3, please reach out to The Office of Research Integrity at ori@wku.edu for support and next steps. This could be considered a malign FTRP due to affiliation with a foreign country of concern.

 

  (270) 745-3360| ori@wku.edu

 

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 Last Modified 9/24/26