Prohibition on Participation in Malign Foreign Talent Recruitment Programs
The US government has raised concerns about foreign government interference at research institutions receiving federal funds and has issued new policies and guidance to safeguard national security. This memo outlines in detail concerns related to participation by US-based researchers in “Malign Foreign Talent Recruitment Programs” (MFTRPs), including BU’s policy on participation in MFTRPs, what MFTRP participation entails, who needs to certify that they are not active with a MFTRP, and the consequences of signing the certification.
Background
Malign Foreign Talent Recruitment Programs are programs, positions, or activities where a foreign country of concern (presently, China, Russia, North Korea, and Iran) or an entity based in a foreign country of concern compensates an individual in the US for engaging in certain actions benefitting the foreign country.
The CHIPS and Science Act of 2022 prohibits researchers from participating in federally-funded research if they are currently participating in a MFTRP and requires recipient institutions to formalize this prohibition. Federal agencies have now begun to operationalize these requirements, with the National Science Foundation (NSF) requiring researchers and their universities to certify that sponsored researchers are not active in a MFTRP as of Monday, May 20, and the Department of Defense (DOD) prohibiting participation in these programs as of Friday, August 9.
Boston University Policy Regarding Participation in MFTRPs
In light of these government directives, the Office of Research announces the following prohibition on Malign Foreign Talent Recruitment Programs:
All researchers who engage in or propose engaging in research projects at BU – federally-sponsored, non-federally sponsored, and unsponsored – are prohibited from participating in MFTRPs. Additionally, all “covered individuals,” as defined by the sponsor and the CHIPS and Science Act, are required to meet the initial and annual certification requirements for non-participation in a MFTRP. This policy will go into effect on May 20, 2024, for all NSF-funded researchers and August 9, 2024, for all research, regardless of funding source and including unsponsored/unfunded research. Please see the full policy on the Office of Research website.
Our response to the federal concerns outlined here is not intended to diminish the robust international research activity that is a hallmark of Boston University. Rather, our intent is to meet BU’s obligation to comply with government requirements concerning inappropriate foreign influence, keep our researchers informed, safeguard their funding opportunities, and protect them from potential legal liability resulting from failure to disclose certain foreign activities.
What is a Malign Foreign Talent Program?
As defined above, Malign Foreign Talent Programs involve compensation paid by a foreign country of concern or an entity based in a foreign country of concern to an individual in exchange for the individual engaging in certain actions benefitting the foreign country. The compensation need not be in the form of cash and may include in-kind compensation, research funding, promised future compensation, complimentary foreign travel, honorific titles, career advancement, etc. There are nine specific characteristics defined that make such programs malign. Full detail can be found in the CHIPS and Science Act of 2022 and this February 2024 memorandum from the Office of Science and Technology Policy (OSTP).
How will I know if I am involved in a MFTRP?
Not all Foreign Talent Recruitment Programs are malign. However, if you meet all three criteria below, it is likely that you are participating in a MFTRP:
- You are being compensated, in any form, for participating in a program of a foreign country; AND
- The compensation is being paid/offered by China, Russia, Iran, or North Korea; OR an entity based in one of those countries; OR an academic institution or a foreign talent recruitment program identified in this DOD policy memorandum on pages 18-21; AND
- The compensation is in exchange for your:
- Recruiting others (trainees, researchers, speakers, etc.) to participate in a talent recruitment program with a foreign entity;
- Holding a position, an appointment, a laboratory, or a company in a foreign country;
- Engaging in a contract/agreement where termination is not an option or is difficult;
- Transferring, without authorization, intellectual property, materials, data, or nonpublic information;
- Engaging in work for or in another country that overlaps with US federal dollars;
- Applying for or receiving funding from a sponsoring foreign entity where you did not engage Sponsored Programs;
- Omitting a recipient affiliation or being told/required to make omissions; OR
- Concealing program participation in any way.
Who qualifies as a “covered individual” required to certify that they are not participating in a MFTRP?
Section 10638 of the CHIPS and Science Act defines “covered individual” as “an individual who (A) contributes in a substantive, meaningful way to the scientific development or execution of a research and development project proposed to be carried out with a research and development award from a federal research agency; and (B) is designated as a covered individual by the federal research agency concerned.” Agencies may also define other individuals as covered persons as appropriate and consistent with their mission.
Federal agencies use different terms, such as PI, co-PI, investigator, project director, project co-director, key performer, key personnel, senior personnel, named researcher, named individuals, sponsored researcher, etc. For purposes of this prohibition, all these terms have the same meaning.
What are the consequences of signing the certification on my proposal submission forms if I am presently participating in a MFTRP?
You will be required to certify on your Biographical Sketch and Current and Pending (Other) support forms that you are not presently participating in a MFTRP. Your certification indicates that your statement is current, accurate, and complete. False, fictitious, or fraudulent statements or claims (including intentional omissions) in violation of this policy may result in criminal prosecution, civil and administrative fines or penalties, and/or disciplinary actions at the University level.
What if I have participated in a MFTRP in the past but am no longer participating?
Certification on Biographical Sketch and Current and Pending (Other) support forms only requires that you certify that, at the time of submission, you are not a party to a MFTRP. Other agencies, specifically DOD, may look to past participation in a MFTRP as requiring mitigation to reduce the security risk before an award decision is made. Mitigation may include, but is not limited to, requiring the covered individual to complete training; providing DOD contracts for review of associations considered risky; requiring increased frequency of reporting, etc. For more information, please see page five of DOD’s Countering Unwanted Foreign Influence in Department-Funded Research at Institutions of Higher Education.
What should I do if I think I may be participating in a MFTRP?
Contact Research Security Director Sarah Porter at sbporter@bu.edu. Research Compliance, the Office of General Counsel, and Sponsored Programs will work with you to assess your program and your next steps.
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For more information, please review our frequently asked questions on MFTRPs and BU’s Research Security website.