Malign Foreign Talent Recruitment Programs

International collaboration is important to the advancement of research and many countries sponsor talent recruitment programs for legitimate purposes to attract researchers in targeted fields. However, some programs encourage or direct unethical or unauthorized transfer of intellectual property to further the military modernization goals and/or economic goals of a foreign government. Malign Foreign Talent Recruitment Programs (MFTRP) are attempts by a “foreign country of concern” to use cash or in-kind compensation to recruit science and technology professionals in an attempt to unlawfully acquire U.S. scientific-funded research or technology.

Impact on Researchers at Lewis & Clark

Under the CHIPS and Science Act of 2022, federally funded researchers involved in research and development awards are prohibited from participating in MFTRPs. Participation in a MFTRP can lead to loss of funding and even criminal investigation.

• The National Science Foundation now requires Principal Investigators (PI) and co-PIs on active NSF awards made on or after May 20, 2024, to certify annually via Research.gov to their participation or non-participation in a MFTRP.
• The NSF will implement the MFTRP annual certification requirement for all other senior/key personnel roles at a future date.
• The NSF also requires pre-award MFTRP certifications. Proposers must disclose MFTRPs in the Biographical Sketch and Current and Pending Support required sections of the proposal.
• The institution’s Authorized Organizational Representative (AOR) must also certify at proposal submission that all individuals identified as senior/key personnel have been made aware of and have complied with their responsibility under those sections to certify that key personnel are not party to a MFTRP.
• The National Institutes of Health is still working on how they will implement MFTRP Certifications, but we expect them to replicate the NSF’s format.

Faculty at Lewis & Clark should always consult with the SPARC Office before engaging in an international collaboration to verify that it is allowed by the funder and the collaboration is not part of a MFTRP.

How to Recognize a Malign Foreign Talent Recruitment Program

The federal government issued guidelines defining malign foreign talent recruitment programs, as well as foreign talent recruitment programs. The U.S. government currently regards all foreign talent recruitment programs sponsored by governments or organizations in China, Iran, North Korea, and Russia as malign, and therefore, prohibited. A malign foreign talent recruitment program can be based in any country.

A MFTRP does at least one of the following:

• Requires unauthorized transfer of IP, materials, data products or other nonpublic information to a foreign government or entity
• Requires individual to recruit trainees or researchers to enroll in the program
• Requires individual to establish lab or company, or accept a faculty position or other appointment, in the foreign country
• Prevents individual from terminating the talent program contract or agreement except in extraordinary circumstances
• Limits individual’s capacity to carry out a research and development award, or requires individual to duplicate a federal research and development award
• Requires individual to apply for funding from the foreign government with the sponsoring foreign organization as the recipient
• Requires individual to omit acknowledgment of L&C or the federal research agency sponsoring the research and development award
• Requires individual to omit the talent program from federal or L&C disclosures
• Requires individual to maintain conflict of interest contrary to federal awards

Please contact the SPARC Office if you have any questions or concerns about MFTRPs.

Update October 7, 2025.