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Vice President for Research

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Malign Foreign Talent Recruitment Programs

 

 

Overview 

Many countries sponsor talent recruitment programs for legitimate purposes of attracting researchers in targeted fields, and many programs utilize legitimate means of attracting talent, including offering research fellowships and grants to incentivize researchers to physically relocate. However, some programs fall into the category of a Malign Foreign Talent Recruitment Program (FTRP). 

The CHIPS & Science Act of 2022 (“CHIPS Act”) prohibits federally-funded researchers from participating in any Malign FTRPs.  By definition, Malign FTRPs must involve China, Iran, North Korea, or Russia, or entities in those countries, and must meet certain other criteria as discussed below.  Federally-funded researchers will be required to certify that they are not participating in Malign FTRPs.

Foreign Influence Consultation

If you suspect you have been contacted about an opportunity to join or become associated with a FTRP,


      Request a consult with the Research Security Office

The U.S. government currently regards all foreign talent recruitment programs sponsored by the governments of or organizations in China, Iran, North Korea, and Russia to be malign in nature. However, a malign foreign talent recruitment program can be based in any country.

The CHIPS Act defines a Malign Foreign Talent Recruitment Program as follows:

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—

and has at least one of the following factors

B. Problematic Obligations/Activities

In exchange for the individual—

  1. 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;
  2. Being required to recruit trainees or researchers to enroll in such program, position, or activity;
  3. 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;
  4. Being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;
  5. 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;
  6. 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;
  7. 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;
  8. 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
  9. Having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award;

and any entity  is sponsored/funded from a source in Box C

C. Problematic Sponsorship

A program sponsored by—

  1. a foreign country of concern (FCOC) or an entity based in a FCOC whether or not directly sponsored by the FCOC. FCOCs  are China, Iran, North Korea, and Russia;
  2. an academic institution on the NDAA 2019 Section 1286(c)(8) List; or
  3. a foreign talent recruitment program on the NDAA 2019 Section 1286(c)(9) List

Participation in Talent Recruitment Programs

Participating in a malign foreign talent recruitment program could affect your eligibility for federal research funding. Participation is specifically prohibited by certain U.S. government research agencies.

This section is designed to help you assess whether a program you may have been approached by is ok or has the characteristics of a ‘malign’ or predatory talent recruitment program.

Talent recruitment programs, such as NIH or NSF internships and fellowships, can advance your academic career. Acceptable talent programs are fully transparent and encourage collaboration and novel research. Any talent program you consider should:

  • Place no restrictions on publications
  • Grant IP and other proprietary rights in accordance with US laws
  • Engage with you through an agreement or contract with the University of Utah

The Office of Science and Technology Policy defines an FTRP as follows:

“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 citizenship or national origin, or whether having a full-time or part-time position). Some foreign government-sponsored talent recruitment programs operate with the intent to import or otherwise acquire from abroad, sometimes through illicit means, proprietary technology or software, unpublished data and methods, and intellectual property to further the military modernization goals and/or economic goals of a foreign government. Many, but not all, programs aim to incentivize the targeted individual to relocate physically to the foreign state for the above purpose. Some programs allow for or encourage continued employment at United States research facilities or receipt of Federal research funds while concurrently working at and/or receiving compensation from a foreign institution, and some direct participants not to disclose their participation to United States entities. Compensation could take many forms including cash, research funding, complimentary foreign travel, honorific titles, career advancement opportunities, promised future compensation, or other types of remuneration or consideration, including in-kind compensation.”

Federal research agencies prohibit funds going to individuals in talent recruitment programs operated by any government-identified Countries of Concern. For example, the 2022 CHIPS and Science Act prohibits you from receiving federal research grants if you participate in a malign foreign talent recruitment program. These programs are designed to unethically or unlawfully acquire U.S. scientific-funded research or technology and are not focused on collaboration on novel, publishable research.

Red Flags

  • Focused on replicating your U.S. funded research programs
  • Entering into a contract with you, not the University
  • Asking you not to disclose the engagement to the University or your U.S. research sponsors 
  • Originate in a foreign country of concern:
    • China
    • Iran 
    • North Korea
    • Russia

Association with a malign foreign talent program can lead to ineligibility to receive federal funding for your research.

Currently there is no due process to challenge such a determination or a limit to the time interval imposed.

Past associations may also be concerning to the U.S. government, and participation in some foreign talent recruitment programs has led to criminal investigation and/or loss of employment. 

National Science Foundation (NSF)

See the current guidance re: the NSF 24-1 requirements.

The PAPPG 24-1 is effective May 20, 2024.

Department of Defense (DOD) 

Individual federal agencies conduct research security risk assessments when evaluating funding proposals and may determine that certain activities pose sufficiently high risks as to warrant mitigation prior to award.

Recently, the Department of Defense (DOD) issued a document describing how it will evaluate “undue foreign influence” risk factors when reviewing proposals for fundamental research. Under DOD’s risk matrix, participation in an FTRP that meets one or more of the criteria in Part A of the CHIPS Act definition of “malign foreign talent recruitment program” (see Malign FTRP Definition, above) requires mitigation and, if no mitigation is possible, rejection of the proposal.  DOD’s Risk Matrix is available here.

Other agencies may also consider participation in an FTRP to be a research security risk factor.  However, without further guidance from these agencies, it is unclear the extent to which participation in FTRPs could impact future funding decisions.

If you are considering an invitation to participate in a foreign talent recruitment program, please request a foreign influence consultation.

 
 

Have Questions?

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Last Updated: 10/31/25