Malign Foreign Government Talent Recruit Program (MFGTRP)

Latest Updated: 06/10/2023

The Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act of 2022 prohibits prohibits federal employees, contractors, and awardees from participating in Malign Foreign Government Talent Recruitment Programs (MFGTRPs).  Princeton University has implemented processes to ensure that the University remains in compliance with this prohibition.  (See the Foreign Engagement Assessment Team and Federal Sponsor Reporting Requirements pages for more information.) 

In addition to prohibiting participation in MFGTRPs, federal funding agencies have taken steps to require that federally funded researchers disclose participation in any Foreign Government Talent Recruitment Program (FGTRP).  Should the federal funding agency determine that participation in the FGTRP increases the risk to the research project, the agency may require that a risk mitigation plan be implemented for the project.  

 

Foreign Talent Recruitment Program -

Source - National Science Foundation

“Per National Security Presidential Memorandum-33,  the term “foreign government-sponsored talent recruitment program” or “foreign government-sponsored talent recruitment programs” means an effort directly or indirectly organized, managed, or funded by a foreign government or institution to recruit S&T professionals or students (regardless of citizenship or national origin, and 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intent to import or otherwise acquire from abroad, sometimes through illicit means, proprietary technology or software, unpublished data and methods, and intellectual property to further the military modernization goals and/or economic goals of a foreign government.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”

Malign foreign talent recruitment program –

(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;
(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; 1 Public Law 115–232 ).
The following are not considered malign foreign talent programs:
(i)making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law;
(ii)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 current law;
(iii)advising a foreign student enrolled at an institution of higher education or writing a recommendation for such a student, at such student’s request.