In response to the CHIPS and Science Act of 2022 and federal research agency policies, BMC is updating its Conflict of Commitment policy (Policy# 09.23.010) to contain a prohibition, regardless of sources of funding, against researchers’ participation in Malign Foreign Talent Recruitment Programs (MFTRPs), and clarifies that any participation in a Foreign Talent Recruitment Program (FTRP) must be disclosed to BMC and to research sponsors, as required by sponsor.
What is a Foreign Talent Recruitment Program? And what is a Malign Foreign Talent Recruitment Program?
Foreign Talent Recruitment Programs
Foreign Talent Recruitment Programs are 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. Individuals may receive remuneration such as compensation, research funding, honorific titles, career advancement opportunities, promised future compensation, compensated travel, or other considerations.
- Participation in talent programs is not prohibited at BMC; however, participants should be aware that talent programs sometimes have terms and conditions that do not comply with BMC policies and academic values. You may not participate in a talent program that conflicts with BMC policy or academic integrity.
- Talent program participation must be disclosed to the Compliance Department via COI-Smart and must be disclosed to federal research sponsors through Biosketches, Other Support Pages or similar.
Malign Foreign Talent Recruitment Programs
Malign Foreign Talent Recruitment Programs offer cash or in-kind compensation (complimentary foreign travel, honorary appointments, promised future compensation, research funding, etc.), in exchange for one of the following:
- Engaging in the unauthorized transfer of intellectual property, materials, data, or other nonpublic information;
- Recruiting or training others to participate in such program;
- Establishing a laboratory or company, or accepting a faculty position or other employment in a foreign country in violation of terms and conditions of a Federal research award;
- Applying for and receiving research funding from the foreign institution’s government funding agencies with the foreign institution as the awardee, without disclosure to and approval from BMC;
- Attributing awards, patents, publications, and projects to the foreign institution, even if conducted under a Federal research award, omitting BMC and/or the Federal funding agency;
- Oppressive termination clauses;
- Non-disclosure requirements; or
- Duplication of effort under Federal awards or conflicts of commitment with Federal awards
and is sponsored by:
- a foreign country of concern or an entity based in a foreign country of concern (as of May 2024: China, Russia Federation, North Korea and Iran);
- an academic institution on the NDAA 2019 Section 1286(c)(8) List, p.18-20; or
- a foreign talent recruitment program on the NDAA 2019 Section 1286(c)(9) List, p.21.
If a researcher is unsure if an opportunity qualifies as a Foreign Talent Recruitment Program or a Malign Foreign Talent Recruitment Program, they should reach out to the Compliance Department to discuss. The full definitions of Foreign Talent Recruitment Programs and Malign Foreign Talent Recruitment Programs by the Office of Science and Technology Policy can be found here.
What are my Responsibilities as a Researcher?
- Researchers may not participate in Malign Foreign Talent Recruitment Programs. Contact the Compliance Department if you believe you may be a participant in a MFTRP.
- Researchers must disclose participation in any talent program to the Compliance Department via the Outside Relationship reporting website.
- Participation in a Foreign Talent Recruitment Program must be disclosed to Federal Research Sponsors through Biosketches, Other Support Pages or similar.
- Certain research sponsors, including the National Science Foundation, require that researchers certify that that they are not a party to a Malign Foreign Talent Recruitment Program at the time of research proposal submission and annually for the duration of the award. This certification can be done via the Science Experts Network Curriculum Vitae (SciENcv) and the new Other Support and Biosketch Common Forms (11/2023).
Please contact the Compliance Department with any questions or if you would like to learn more.