Division of Research

Malign Foreign Talent Recruitment Programs (MFTRP)

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Malign Foreign Talent Recruitment Programs (MFTRP)

Malign foreign talent recruitment programs include any foreign-state-sponsored attempt to unethically or unlawfully 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.

Malign Foreign Talent Recruitment Program Definition

The Office of Science and Technology and Policy (OSTP) issued a Memorandum on Feb. 14, 2024 that defined an MFTRP. This explanation is subject to updates from the U.S. federal government. If you have any questions, contact Brown's Research Security team at researchsecurity@brown.edu.

OSTP defines a malign foreign talent recruitment program as...

(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—

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;
being required to recruit trainees or researchers to enroll in such program, position, or activity;
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;
being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;
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;
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;
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;
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
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—

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;
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. 4001 note; Public Law 115-232); OR
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. 4001 note; Public Law 115-232).”

For the NDAA Lists referenced in B2 and B3, see pages 17-21 of this Department of Defense Memo entitled, “Countering Unwanted Influence in Department-Funded Research at Institutions of Higher Education” and published June 29, 2023.

Agency-Specific Guidance

Federal agencies such as the National Institutes of Health (NIH), Department of Defense (DOD), National Science Foundation (NSF), Department of Energy (DOE), and National Aeronautics and Space Administration (NASA) have different approaches to reviewing international collaborations, but all prohibit investigators from participating in MFTRPs as defined by OSTP.

Agency Quick Links

Is My Activity a Malign Foreign Talent Recruitment Program?

Use the information below to determine whether your activity qualifies as an MFTRP.

Are you being paid or receiving any form of compensation (i.e. recognition, awards, money funding, reimbursement, land, etc) from a country other than the US (including the promise of future compensation of any kind)?
Is the activity taking place in or being funded by China, Iran, Russia, or North Korea (Foreign Countries of Concern)?
Are you being asked to do or engage in any of the following activities:
- Recruit others (trainees, researchers, speakers, etc) to participate in a talent program with a foreign entity or government
- Hold a position, including an academic appointment, or been given laboratory space or other resources to support research activities, or own/co-own a company in a foreign country
- Engage in a contract/agreement where termination is not an option or is difficult
- Unauthorized transfer of Intellectual Property (IP), materials, data, or nonpublic information.
- Engage in work for or in another country that overlaps with your US Federal funding
- Apply for or receive funding from a foreign entity or foreign government with no formal research contract going back to your home institution (i.e. Brown).
- Omit a recipient affiliation or being told/required to make omissions
- Conceal program participation in any way

If your answer to all three questions is “yes,” or you have any questions, contact Brown's Research Security team.

Required Information for Research Security Review

The Research Security team will request the following information from you:

Name and country of all individuals, institutions and/or programs involved
Description of the activity you are planning to engage in and your concerns/red flags
English translation of any documentation or contracts
Your interest level in the program/activity