Foreign Talent Recruitment Programs

OSTP provides the following definition [edited and emphasis added for clarity]: A foreign talent recruitment program is any program, position, or activity that includes compensation 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 an individual, whether directly or indirectly stated in the arrangement, contract, or other documentation at issue.

Compensation may be in the form of: 

• cash,
• in-kind compensation, including research funding, space, staff, materials
• promised future compensation,
• complimentary foreign travel,
• things of non de minimis value,
• honorific titles,
• career advancement opportunities, or
• other types of remuneration or consideration.

Consistent with Section 10632(d) of the Act, a foreign talent recruitment program does not include the following international collaboration activities, so long as the activity is not funded, organized, or managed by an academic institution or a foreign talent recruitment program on the lists developed under paragraphs (8) and (9) of Section 1286(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019* (10 U.S.C. 4001 note; Public Law 115-232): 

1. Making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law;
2. Participating 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;
3. Advising a foreign student enrolled at an institution of higher education or writing a recommendation for such a student, at such student’s request; and 
4. Engaging in the following international activities: 
   a. Activities that are partly sponsored or otherwise supported by the United States such as serving as a government appointee to the board of a joint scientific fund (e.g., the U.S.- Israel Binational Industrial Research and Development Foundation); providing advice to or otherwise participating in international technical organizations, multilateral scientific organizations, and standards setting bodies (e.g., the International Telecommunications Union, Intergovernmental Panel on Climate Change, etc.); participating in a Fulbright Commission program funded in whole or in part by a host country government; or other routine international scientific exchanges and interactions such as providing invited lectures or participating in international peer review panels.
   b. Involvement in national or international academies or professional societies that produce publications in the open scientific literature that are not in conflict with the interests of the federal research agency (e.g., membership in the Pontifical Academy of Sciences or The Royal Society).
   c. Taking a sabbatical, serving as a visiting scholar, or engaging in continuing education activities such as receiving a doctorate or professional certification at an institution of higher education (e.g., the University of Oxford, McGill University) that are not in conflict with the interests of the federal research agency.
   d. Receiving awards for research and development which serve to enhance the prestige of the federal research agency (e.g., the Nobel Prize).
   e. Other international activities determined appropriate by the federal research agency head or designee.

*The current lists developed under paragraphs (8) and (9) of Section 1286(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note; Public Law 115-232) are included in the Department of Defense’s FY23 Update. To ensure that your activity does not fall under the parameters of this section, please reach out to the Research Integrity & Security Office at research.security@yale.edu if the activity is affiliated with an entity in (or controlled by) a foreign Country of Concern* or an embargoed country.** 

*As stated in Section 10612 the “CHIPS and Science Act of 2022,” “the term ‘foreign country of concern’ means the People’s Republic of China, the Democratic People’s Republic of Korea (North Korea), the Russian Federation, the Islamic Republic of Iran, or any other country determined to be a country of concern by the Department of State.”

**Embargoed countries/regions include: Cuba, Iran, North Korea, Syria, or the Crimea, Luhansk, Russia, or Russian occupied regions. Countries are subject to change.

View a detailed approach to the definition

A malign foreign talent recruitment program is:

(A) Any program, position 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; Public Law 115-232).

Covered individuals receiving federal funding are prohibited from participating in a MFTRP. Additionally, effective August 9, 2024, Yale Policy prohibits all faculty, staff, trainees, students and visitors who engage in or propose to engage in research and development projects or who contribute in any way to the scientific development or execution of research and development projects from participating in MFTRPs.

Participating in a MFTRP in violation of federal law or Yale policy may result in discipline in accordance with Yale’s established disciplinary processes. There may be additional civil, criminal, or administrative consequences or penalties, including the potential loss of federal research funding.

Individuals should contact research.security@yale.edu if they receive solicitations.