Malign Foreign Talent Recruitment Programs

According to the National Security Presidential Memorandum-33, a malign foreign talent recruitment program is defined as any program, position, or activity that compensates individuals 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 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 that country.  

Whether directly or indirectly stated in the arrangement, contract, or other documentation, in exchange for any of the above-listed compensation forms, the individual may be required to:

• engage in unauthorized transfers 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;
• recruit trainees or researchers to enroll in such program, position, or activity;
• establish a laboratory or company, accept a faculty position, or undertake 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;
• apply for and successfully receive funding from the sponsoring foreign government’s funding agencies with the sponsoring foreign organization as the recipient
• 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;
• not disclose to the Federal research agency or employing institution the participation of such individual in such program, position, or activity; 
• have a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award.

Further, the individual may be:

• unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;
• 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

MFTRPs can be sponsored by: 

• a foreign country of concern or an entity based in a foreign country of concern, whether or not directly sponsored by that country (see U.S. Department of State webpage for the current list of countries of concern);
• an academic institution or a foreign talent recruitment program on the list developed under sections 1286(c)(8) and 1286(c)(9) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (find current list on this U.S. Department of Defense webpage).

If you suspect that you have been contacted by or may be participating in a MFTRP please contact the Office of Grants and Sponsored Programs at grantsoffice@middlebury.edu