Malign Foreign Talent Recruitment Programs (MFTRP)
SAM 01.D.19 on Participation in Foreign Talent Recruitment Programs establishes requirements for complying with federal restrictions on foreign talent recruitment programs.
The CHIPS and Science Act of 2022 prohibits covered individuals involved in federally funded research from participating in a Malign Foreign Talent Recruitment Program (MFTRP). Federal agencies have implemented additional requirements related to disclosure, certification, and proposal and award eligibility. If you are unsure whether your program meets the definition of an MFTRP, contact compliance@uhd.edu.
Federal Agency Requirements
Requirements vary by federal sponsor and may change as agencies update their policies:
- National Institutes of Health (NIH): Beginning January 25, 2026, senior/key personnel must annually certify whether they participate in an MFTRP as part of applicable Research Performance Progress Reports (RPPRs).
- National Science Foundation (NSF): Revised Proposal and Award Policies and Procedures Guide (PAPPG) went into effect on May 20, 2024. It includes the definition of Malign Foreign Talent Recruitment Programs and explicitly prohibits the participation of senior personnel in MFTRPs. Senior personnel must certify prior to proposal submission that they are not participating in an MFTRP. The Authorized Organizational Representative must also certify that applicable senior personnel have been informed of and complied with this requirement.
- Department of Defense (DOD): DOD prohibits funding certain research proposals involving covered individuals who participate in an MFTRP and requires institutions to maintain policies addressing MFTRPs.
- Department of Energy (DOE): DOE Order 486.1 prohibits certain employees, contractors, and subcontractors from participating in foreign talent recruitment programs involving countries designated as sensitive by the agency.
- Other Federal Agencies: Covered individuals receiving federal research support may be subject to similar prohibitions and certification requirements.
Researchers should review the requirements of the applicable funding agency and consult compliance@uhd.edu before participating in a foreign talent recruitment program or arrangement that may create a compliance concern.
What is an MFTRP?
Under the CHIPS and Science Act, an MFTRP generally involves a program, position, or activity sponsored by a foreign country of concern, an affiliated entity, or certain organizations identified by federal law, that provides compensation or other benefits in exchange for activities that could create a conflict with U.S. research interests or federal research requirements.
Examples of activities may include:
- Unauthorized transfer of U.S.-owned or federally funded intellectual property, data, materials, or other nonpublic information.
- Requirements to recruit researchers or trainees into the program.
- Establishing a foreign laboratory, company, faculty position, or other appointment in violation of federal award requirements.
- Restrictions that prevent an individual from terminating the agreement except under extraordinary circumstances.
- Requirements that create substantial overlap or duplication with federally funded research.
- Requirements to obtain foreign funding as a condition of participation.
- Failure to acknowledge the individual's U.S. institution or federal research sponsor when required.
- Failure to disclose participation in the program to the federal sponsor or employing institution.
- Creating a prohibited conflict of interest or conflict of commitment.
Activities That Are Generally Not MFTRPs
Participation in legitimate international academic activities does not automatically constitute participation in an MFTRP. Examples generally include:
- Presenting or publishing scientific information that is not otherwise controlled.
- Participating in international conferences, research collaborations, or scientific exchanges involving open and reciprocal exchange of information.
- Advising an international student or providing a recommendation at the student's request.
When an arrangement is unclear, researchers should seek guidance before accepting or participating.
For questions regarding MFTRPs, foreign talent recruitment programs, or related disclosure requirements, contact ORSP@uhd.edu.