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Foreign Talent Programs 

What is a foreign talent program?

Any foreign state sponsored attempt to acquire U.S.-funded scientific research through recruitment programs that target scientists, engineers, academics, researchers, and entrepreneurs of all nationalities working or educated in the United States. In general, Foreign Government Talent Recruitment Programs include any foreign-state-sponsored attempt to acquire U.S. scientific-funded research or technology through foreign government-run or funded 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 whole-of-government strategies to reduce costs associated with basic research while focusing investment on military development or dominance in emerging technology sectors. The Department of Energy issued an order on 7 July 2019 with fairly clear explanations of Talents programs. Much of the information in this guidance Document is extracted from DOE O 486.1.

How does this affect SIU and me?

Association with a Talents Program can lead to ineligibility to receive Federal funding for your research. Currently there is no due process to challenge such a determination or limit to the time interval over which it is imposed. Past associations may also be concerning to the US Government.

Is there an official list of Talents Programs?

No. Some have been identified but for the most part, we are left to our own judgement. Note that entities can frequently change their names once they are identified on a list. The most accurate current list for China is: 

How do I recognize such a program?

Distinguishing features of a foreign government talent recruitment program include:

• Compensation provided by the foreign state to the targeted individual in exchange for the individual transferring their knowledge and expertise to the foreign country. The compensation can take several forms, such as cash, research funding, honorific titles, career advancement opportunities, promised future compensation, or other types of remuneration or consideration.
• Recruitment in this context refers to the foreign-state-sponsor’s active engagement in attracting the targeted individual to join the foreign sponsored program and transfer their knowledge and expertise to the foreign state. The targeted individual may be employed and located in the U.S., or in the foreign state. Recruitment would not necessarily include an invitation to attend or present work at an international conference.
• Many, but not all, programs aim to incentivize the targeted individual to physically relocate to the foreign state. Of particular concern are those programs that allow for continued employment at U.S. research facilities or receipt of US Federal research funds while concurrently receiving compensation from the foreign state.
• Focus on individual researcher instead of project/subject matter
• Remuneration (salary, stipend, research funding, etc.) significantly above “market” for expected activities
• Foreign entity title for researcher implies greater connection than underlying facts
• Foreign residency application encouraged or facilitated
• Requires changing of researcher’s primary institute affiliation for purposes of journal citations
• Fundamental research purpose unclear or undefined 

Are such programs initiated by a particular country?

Any country can run a talents program. Most of the US Government’s attention has been focused on programs originating in China, but talents programs have been identified from India, China, Russia, and other nations.

Malign Foreign Talent Recruitment Program (MFTRP)

What is a malign foreign talent recruitment program?

The federal government’s definition of a MFTRP or “malign” program includes three main elements:  (1) Sponsored by a “country of concern” as defined by the Secretary of State, and currently (as of January 1, 2024) includes China, North Korea, the Russian Federation, and Iran; (2) There is some form compensation or benefit (which does not have to be monetary, including the promise of a future benefit including in-kind contributions or honorary titles); and  (3) Includes one of more of  the problematic indicators in the federal government’s definition of a “malign” talent program.

Participation in a MFTRP is prohibited for researchers applying for or receiving federal funding.

Background

Section 10632 of the CHIPS and Science Act, signed into law on August 09, 2022, requires federal research funding agencies to establish a policy requiring “covered individuals” (senior/key personnel) to certify at proposal, and annually for the duration of the award, that they are not a party to a malign foreign talent recruitment program, and that the institution [SIU-S] certify that such individuals have been made aware of the requirement. Agencies are required to have these policies in place by August 09, 2024. Certifications will not apply to awards made prior to the implementation of agency policy. Agencies are also directed to require senior/key personnel to disclose participation in foreign talent recruitment program contracts, agreements, or other arrangements per section 10631 of the Act. Section 10631 of the Act also calls on the White House Office of Science and Technology Policy and the National Science and Technology Council’s Research Security Subcommittee to develop guidelines for research funding agencies that prohibit R&D awards from being made to senior personnel participating in malign FTRPs and, “to the extent practicable”, require recipient institutions to prohibit these individuals from working on projects supported by R&D awards. On June 30, 2023, DoD released Countering Unwanted Foreign Influence in Department-funded Research at Institutions of Higher Education, which includes a Policy on Risk-based Security Reviews of Fundamental Research. In the associated Decision Matrix, DoD recommended mitigation measures where, for the period after August 09, 2022, the policy of the proposing institution does not prohibit participation in a malign foreign talent recruitment program, and prohibits DoD funding after August 9, 2024, if the proposing institution does not have this policy/prohibition in place.

Policy

In accordance with federal requirements, the Southern Illinois University – System (SIU-S) prohibits participation in malign foreign talent recruitment programs. Per the CHIPS and Science Act of 2022, the term ‘‘malign foreign talent recruitment program’’ means:

“(A) 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, in exchange for the individual—

(i) engaging 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; (ii) being required to recruit trainees or researchers to enroll in such program, position, or activity; (iii) establishing a laboratory or company, accepting a faculty position, or undertaking any other employment or appointment in a foreign country or with an entity based in, funded by, or affiliated with a foreign country if such activities are in violation of the standard terms and conditions of a Federal research and development award; (iv) being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances; (v) through funding or effort related to the foreign talent recruitment program, being 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; (vi) being required to apply for and successfully receive funding from the sponsoring foreign government’s funding agencies with the sponsoring foreign organization as the recipient; (vii) being required to omit acknowledgment of the recipient institution with which the individual is affiliated, 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; (viii) being required to not disclose to the Federal research agency or employing institution the participation of such individual in such program, position, or activity; or (ix) having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award; and

(B) a program that is sponsored by—

(i) a foreign country of concern or an entity based in a foreign country of concern, whether or not directly sponsored by the foreign country of concern; [Per the Act, foreign country of concern “means the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, the Islamic Republic of Iran, or any other country determined to be a country of concern by the Department of State.] (ii) an academic institution on the list developed under section 1286(c)(8) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note; Public Law 115-232); or (iii) a foreign talent recruitment program on the list developed under section 1286(c)(9) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note; Public Law 115-232).”

[Lists referenced in items B. (ii) and (iii) are available in Part 3 of the Department of Defense (DoD) document Countering Unwanted Foreign Influence in Department-funded Research at Institutions of Higher Education]

In addition, SIU-S requires that researchers comply with all sponsor policies and certifications regarding foreign talent recruitment programs as they are developed and implemented, and that disclosures are true, complete and accurate to the best of the faculty member's knowledge. False, fictitious, or fraudulent statements or claims (including intentional omissions) in violation of this policy may result in criminal, civil, administrative or University penalties.

If you have questions, please contact the Export Controls Office