Overview
Foreign Talent Recruitment Programs
Foreign talent recruitment programs can create serious research security and federal compliance concerns. Federal law prohibits covered individuals participating in federally funded research and development from participating in a Malign Foreign Talent Recruitment Program (MFTRP).
If you are offered a foreign appointment, affiliation, research position, funding or other benefit, review the opportunity before accepting or signing an agreement.
What You Need to Know
Foreign Talent Recruitment Programs
Programs may offer compensation, appointments, research funding, laboratory resources, travel or other benefits in exchange for participation.
Malign Foreign Talent Recruitment Programs
Certain programs meet the federal definition of an MFTRP. Participation is prohibited for covered individuals participating in federally funded R&D.
Your Responsibilities
Disclose applicable foreign appointments, affiliations and support, comply with sponsor certification requirements, and complete Clemson-required certifications.
Before You Accept an Opportunity
Contact ORS before accepting or signing an agreement if an opportunity involves:
- A foreign appointment, title or affiliation
- Salary, honoraria, research funding or other compensation
- Foreign-funded travel, laboratory space, equipment or other support
- Recruiting students, researchers or other personnel
- Transferring technology, intellectual property, research methods or unpublished information
- A requirement to keep the relationship or its terms confidential
- Commitments that may overlap or conflict with your Clemson responsibilities
- A foreign government, government-affiliated institution or other organization of concern
Not Sure?
If you have been offered a foreign appointment, affiliation, research position, funding, travel, laboratory support or another professional benefit, are there research security concerns? Do not make the determination on your own. ORS can review the opportunity before you commit. Use this short self-assessment to identify circumstances that should be reviewed by the Office of Research Security.
Understanding Foreign Talent Recruitment Programs and Malign Foreign Talent Recruitment Programs
What is a FTRP?
A foreign talent recruitment program generally involves a foreign government, institution or affiliated entity recruiting researchers or other professionals and providing compensation or other benefits in exchange for participation. Benefits may include research funding, salary, travel, laboratory resources, appointments, titles or career opportunities.
What is a MFTRP?
An MFTRP is a foreign talent recruitment arrangement that meets specific criteria established by federal law, including specified activities, obligations, sponsors or affiliations that raise research security concerns. Covered individuals participating in federally funded research and development may not participate in an MFTRP.
Important
A program does not have to call itself a “talent program” or appear on a government list to meet the federal definition of an MFTRP. The terms, obligations, activities and sponsoring organization matter.
Why This Matters
MFTRPs can create obligations that conflict with a researcher’s responsibilities to Clemson and federal sponsors, including requirements involving intellectual property, unpublished research, recruitment of personnel, duplicate commitments, confidentiality or undisclosed foreign support. Participation can affect eligibility for federally funded research and may create funding, compliance or legal consequences.
Disclosure and Certification
Researchers must disclose applicable foreign appointments, affiliations, activities and sources of support to Clemson University and federal sponsors. Federal sponsors may also require researchers to certify that they are not participating in an MFTRP.
Clemson University’s Foreign Talent Recruitment Programs Policy requires annual certification by research personnel through the conflict-of-interest disclosure process and prohibits research personnel from participating in MFTRPs. Researchers should keep disclosures current, accurate and complete and contact ORS when circumstances change.
Faculty Action
Before accepting a foreign appointment, affiliation, consulting arrangement, talent program, sponsored position, laboratory appointment or similar opportunity, contact ORS if you have questions about the arrangement.
Federal Requirements and Questions
Federal Requirements Questions
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How does federal law define an MFTRP?
Provide or link to the current CHIPS and Science Act / OSTP definition. Avoid shortening the statutory criteria in a way that changes their meaning.
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What activities can make a program malign?
Summarize the statutory activities and obligations, including recruitment, establishment of a laboratory or company, transfer of intellectual property or nonpublic information, conflicting commitments, attribution obligations, and restrictions on disclosure or termination.
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What countries and organizations are covered?
Link to current federal Countries of Concern and Section 1286 or successor lists. State clearly that a program need not appear on a published list to meet the statutory definition.
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What must I disclose or certify?
Explain Clemson and sponsor disclosure requirements and applicable MFTRP certifications.
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What does my federal sponsor require?
Provide maintainable links or short expandable subsections for NSF, NIH, DoD, DOE/NNSA, NASA and other major sponsors.
Questions? Contact ORS
You do not need to determine on your own whether an opportunity constitutes an FTRP or MFTRP. Contact ORS before accepting or signing an agreement if you have questions.
Email: researchsecurity@clemson.edu
Office: Clemson University Division of Research
