What is a Malign Foreign Talent Recruitment Program (MFTRP)? 

(Primary source: Office of Science and Technology Policy Memo dated February 14, 2024)Is my activity a malign foreign talent recruitment program? 1. 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)? 2. Is the Activity taking place in or being funded by China, Iran, Russia, or North Korea (Foreign Countries of Concern)? 3. 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 the answer to 1, 2, and 3, is “YES”, contact Brown University’s Research Security Program team. Information required for review by the Research Security Program: 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. ResearchSecurity@Brown.edu

The Office of Science and Technology and Policy (OSTP) issued a Memorandum on Feb 14, 2024 explaining the definition of an MFTRP.  This explanation is subject to updates from the U.S. federal government.  Brown is providing this as a resource to the Brown Community.  The relevant federal statute, implementing regulations, and other authoritative governmental guidance are the ultimate authority on this definition.  If you have any questions regarding the below, please contact Torrey Truszkowski, Assistant Director, Research Security and Export Control at [email protected].

“A malign foreign talent recruitment program is: 

(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— 

  1. 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; 

  2. being required to recruit trainees or researchers to enroll in such program, position, or activity; 

  3. 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; 

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

  5. 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;  

  6. 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; 

  7. 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; 

  8. 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 

  9. 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— 

  1. 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;

  2. 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 

  3. 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. 


The OSTP has provided additional guidance regarding Malign Foreign Talent Recruitment Programs. Specifically, OSTP provides examples in the list below of international academic collaboration activities that are typically not considered to be foreign talent recruitment programs, as long as they are not funded, organized, or managed by an institution or program listed under parts B2 and B3 above: 

  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: 

    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 not in conflict with the interests of the federal research agency (e.g., membership in 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 the 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). e. Other international activities determined appropriate by the federal research agency head or designee.

If you have questions or if you would like to discuss a specific activity or potential activity, please contact Torrey Truszkowski, Assistant Director, Research Security and Export Control at [email protected].