5800 - Malign Foreign Talent Recruitment Programs

A. Purpose. This policy implements the requirements stated in 42 U.S.C. § 19231 and provides notice that Covered Individuals participating in a Malign Foreign Talent Recruitment Program are prohibited from involvement in certain federally funded awards. This policy reaffirms that a University employee may be required to disclose that employee’s involvement in a Foreign Talent Recruitment Program or Malign Foreign Talent Recruitment Program under FSH 6240 or FSH 5600.

B. Scope. This policy applies to University employees that are Covered Individuals.

C. Definitions.

C-1. “Covered Individual” means:

1. A principal investigator and other senior/key personnel seeking or receiving federal research and development funding; or

2. an individual who (a) contributes in a substantive, meaningful way to the scientific development or execution of a research and development project proposed to be carried out with a research and development award from a federal research agency; and (b) is designated as a covered individual by the federal research agency concerned; or

3. an individual on a proposal or award funded in whole or in part by the Department of Defense who (a) contributes significantly to the design or execution of a fundamental research project, and (b) is considered essential to the successful performance of the fundamental research project.

C-2. “Foreign Government-sponsored Talent Recruitment Program” or “FGTRP” means an effort organized, managed, or funded by a foreign government, or a foreign government instrumentality or entity, to recruit science and technology professionals or students (regardless of citizenship or national origin, or whether having a full-time or part-time position). See section H for a list of activities that are not a FGTRP.

a. Some FGTRPs 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intent to import or otherwise acquire from abroad, sometimes through illicit means, proprietary technology or software, unpublished data and methods, and intellectual property to further the military modernization goals or economic goals of a foreign government.

b. 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 or receiving compensation from a foreign institution, and some direct participants not to disclose their participation to United States entities.

c. 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.

C-3. “Malign Foreign Talent Recruitment Program” or “MFTRP” means any program, position, or activity that includes one or more of the following:

a. engaging in the unauthorized transfer of intellectual property, materials, data products, or other nonpublic information

b. recruitment of trainees or researchers to enroll in such program, position, or activity

c. establishing a laboratory or entity in violation of the standard terms and conditions of a Federal research award

d. accepting a faculty position, or undertaking any other employment or appointment in violation of the standard terms and conditions of a Federal research award

e. being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances

f. being limited in the capacity to carry out a Federal research award

g. requirement to engage in work that overlaps or duplicates a federal research award

h. requirement to apply for and successfully receive funding from the sponsoring foreign government’s funding agencies with the sponsoring foreign organization as the recipient

i. requirement to omit acknowledgment of the US home institution and/or the federal funding agency

j. requirement not to disclose participation of such individual in such program, position, or activity

k. having a conflict of interest or conflict of commitment contrary to Federal research award

and is sponsored by one of the following:

a. a foreign country of concern or entity based in a foreign country of concern as defined in 42 USC §19237(2) and (3)

b. an academic institution on the list developed under 1286(c)(8) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

c. a foreign talent recruitment program on the list developed under 1286(c)(9) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

D. Policy

D-1. Prohibited activity. A Covered Individual is prohibited from participating in a MFTRP.

D-2. Certification required in a proposal and annually by covered individuals. A University employee who is a Covered Individual on a proposal shall certify in the proposal that they are not party to a MFTRP. Covered Individuals shall certify annually for the duration of a qualifying award that they are not party to a MFTRP.

E. Consequences for false certifications. False certifications or representations under this policy by a Covered Individual may result in discipline according to University policy or prosecution and liability pursuant to, but not limited to, 18 USC §§ 287, 1001, 1031, and 31 USC §§ 3729-3799 and 38002.

F. Research security training requirement.

F-1. Training before proposal submission. A Covered Individual submitting a proposal for a fundamental research project from the Department of Defense or a research and development project from another federal agency is required to have complete research security training within one year of the proposal due date. The proposal may not be submitted unless the research security training has been completed.

F-2. Refresher training. A Covered Individual may need to repeat research security training if required by the federal funding agency.

G. Disclosures by non-Covered Individuals

G-1. Disclosures required by all University employees. All University employees must disclose their participation in a FGTRP or MFTRP to the University as required by FSH 6240. Disclosures shall be reviewed and managed as stated in FSH 6240.

G-2. Disclosures required by investigators as defined in FSH 5600. In addition to G-1, a University employee who is an “Investigator,” as defined in FSH 5600, must disclose their participation in a FGTRP or MFTRP. Disclosures shall be reviewed and managed as stated in FSH 5600.

H. Activities that are not FTRP

H-1. The following international collaboration activities do not constitute a FGTP as long as the activity is not funded, organized or managed by an academic institution or foreign talent recruitment program on the list developed under 1286(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

a. Scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law;

b. 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;

c. Advising a foreign student enrolled at an institution of higher education or writing a recommendation for such a student, at student’s request; and

d. Engaging in the following international activities:

1. 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.

2. Involvement in national or international academies or professional societies that produce publications in the open scientific literature that are no in conflict with the interests of the federal research agency (e.g., membership pin the Pontifical Academy of Sciences or The Royal Society).

3. 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 interests of the federal research agency.

4. Receiving awards for research and development which serve to enhance the prestige of the federal research agency (e.g., the Nobel Prize).

5. Other international activities determined appropriate by the federal research agency head or designee.

I. Contact Information

I-1. Contact the Office of General Counsel with questions about disclosures made by university employees under FSH 6240.

I-2. Contact the Research Conflict of Interest Coordinator at uifcoi@uidaho.edu with questions about disclosures required by Investigators under FHS 6500.

I-3. Contact the Undue Foreign Influence Coordinator at ored-export@uidaho.edu with questions about disclosures required by Covered Individuals.

J. Related Policies

• FSH 3170 – University Ethics
• FSH 5600 – Financial Disclosures
• FSH 6240 – Conflicts of Interest or Commitment

Version History

Adopted July 2024.