Foreign Talent Recruitment Programs

What Is a “Malign” Foreign Talent Recruitment Program (FTRP)?

A Foreign Talent Recruitment Program (FTRP) is any program, position, or activity that provides compensation—financial or in-kind—from a foreign country or an entity affiliated with a foreign country to a researcher, scholar, or student, regardless of citizenship or employment status. Compensation may include research funding, travel support, honorific titles, or other benefits.

When Does an FTRP Become “Malign”?

A Malign Foreign Talent Recruitment Program (MFTRP) meets both of the following criteria, as defined by the White House Office of Science and Technology Policy (OSTP):

1. Problematic Requirements — The program includes at least one of the following conditions:
   • Unauthorized transfer of intellectual property, data, materials, or other non-public information developed with U.S. federal funding.
   • Recruiting or recommending other researchers or students for participation.
   • Establishing a laboratory, accepting employment, or performing research in a manner that conflicts with U.S. funding requirements.
   • Restrictions that prevent you from disclosing the affiliation to your institution or U.S. sponsors.
   • Obligations to apply for foreign funding in the foreign institution’s name or duplicate federally funded work.
   • Requirements to conceal funding sources, omit U.S. acknowledgements, or suppress publication of results.
   • Any other condition that conflicts with U.S. research transparency or export control regulations.
2. Foreign Sponsorship — The program is sponsored by, or affiliated with, a foreign country of concern (currently including: 
   • China
   • Iran
   • North Korea
   • Russia 
   • or by an organization or institution listed on a federal restricted or sanctioned entity list.

If both conditions are met—problematic requirements and sponsorship by a country of concern—the program qualifies as a Malign Foreign Talent Recruitment Program (MFTRP).

Why It Matters

Participation in MFTRPs is strictly prohibited for individuals supported by U.S. federal research funding and under West Virginia University policy. Engaging in or failing to disclose such activities may result in:

• Loss of eligibility for current or future federal research funding.
• University disciplinary actions or employment consequences.
• Federal investigations or enforcement measures.

Red Flags to Watch For

• The offer involves a foreign university or government-affiliated entity providing funding or travel.
• You are asked not to disclose the relationship to WVU or your sponsor.
• The agreement includes intellectual property transfer clauses or limits on publication.
• The program requires you to recruit others into it or perform overlapping research abroad.
• The foreign organization is based in, or funded by, a designated country of concern.

How to Report or Confirm a Program

Before accepting any foreign offer or agreement:

• Share the communication or agreement with WVU Research Security.
• Disclose all foreign funding and affiliations in your Conflict of Interest (COI/COA) and Other Support documentation.
• Retain all program-related emails and agreements for review.

How to Recognize a Malign Foreign Talent Recruitment Program

Indicators that a program or opportunity may constitute an MFTRP include:

• Receiving compensation, travel, or in-kind support from a foreign entity in exchange for research participation or expertise.
• Requirements to keep the affiliation secret or undisclosed to your home institution or federal sponsors.
• Restrictions on publishing results, sharing data, or acknowledging U.S. funding sources.
• Obligations to transfer intellectual property, technology, or proprietary data to a foreign entity.
• Commitments to recruit other researchers or students to the foreign program.

Always review offers carefully. If an arrangement involves a foreign institution or funding source, contact WVU Research Security before signing.

Reporting and Disclosure Requirements

WVU researchers must disclose all foreign affiliations, appointments, and support in:

• Conflict of Interest and Outside Activity disclosures (COI/COA).
• Other Support or Current & Pending Support documents submitted to federal sponsors.
• IRB, IACUC, or Sponsored Programs submissions, when relevant.

If you are uncertain whether an external relationship could be considered an MFTRP, reach out before engaging. WVU Research Security can help assess risk, coordinate with compliance offices, and ensure proper disclosure.

Federal Context

The prohibition on participation in MFTRPs stems from federal research security requirements implemented under the CHIPS and Science Act of 2022 and National Security Presidential Memorandum-33 (NSPM-33). Federal agencies are now required to prohibit recipients of U.S. funding from participating in MFTRPs and to implement certification processes for institutional compliance.

The Office of Science and Technology Policy (OSTP) defines MFTRPs as programs that include:

• Compensation arrangements that undermine research transparency or objectivity.
• Non-disclosure obligations regarding foreign funding or affiliations.
• Unauthorized transfer of intellectual property, proprietary information, or materials.
• Activities inconsistent with the terms and conditions of federal awards.

What To Do if You’re Approached

• Do not sign any agreement or accept funding without institutional review.
• Retain all written communications and share them with WVU Research Security.
• Contact WVU Research Security immediately for guidance.

In most cases, WVU can assist in identifying legitimate collaborations and mitigating compliance risk while maintaining research integrity.

Resources

• WVU Export Control
• NSPM-33 Implementation Guidance (PDF)
• OSTP Research Security Program Guidelines (PDF)
• CHIPS and Science Act of 2022