Malign Foreign Talent Recruitment
Malign Foreign Talent Recruitment is 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:
- engaging in the unauthorized transfer of intellectual property, materials, data products, or other nonpublic information;
- recruiting trainees or researchers to enroll in such program, position, or activity;
- establishing a laboratory, or company, accepting a faculty position, or undertaking any other employment or appointment in a foreign country in violation of terms and conditions of a federal research award;
- being unable to terminate the contract except in extraordinary circumstances;
- 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 of a Federal research and development award;
- 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;
- 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;
- 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
- having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development;
AND
A program that is sponsored by:
- a foreign country of concern (The People’s Republic of China, the Democratic People’s Republic of Korea, The Russian Federation, and the Islamic Republic of Iran);
- 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; OR
- 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.
Below are foreign talent programs that pose a threat to national security interests in the United States:
- Changjiang Scholar Distinguished Professorship
- Hundred Talents Plan
- Pearl River Talent Program
- Project 5-100
- River Talents Plan
- Thousand Talents Plan
- Any program that meets one of the criteria contained in Section 10638 (4)(A) and either
- Section 10638 (4)(B)(i) or (ii) in the CHIPS and Science Act