Important Reminders About Disclosures for Foreign Talent Recruitment Programs

The CHIPS and Science Act of 2022 directs federal research funding agencies to establish policies that require covered individuals to disclose all participation in foreign talent recruitment programs. The agencies require certification at proposal, and then annually for the duration of the award, that the covered individual is not party to a malign foreign talent recruitment program. You see these certifications now in your National Science Foundation (NSF) proposals and they will be required by other federal agencies in the near future as more agencies adopt the Common Form. National Institutes of Health (NIH), for example, will begin using the Common Form for applications due on or after May 25, 2025.

Read on for important reminders about how foreign talent recruitment programs are defined by the federal government and the disclosures and certifications required to stay in compliance with BU requirements and federal regulations. You can also visit the Research Security Program page to learn more.

Membership in a foreign talent recruitment program is not necessarily prohibited, but it must be disclosed—here’s what you need to know.

A foreign talent recruitment program is an effort organized or funded by a foreign government or entity to recruit science professionals or students. It can include compensation in the form of cash or 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. The definition is complex, so we encourage you to review our website for details about what qualifies and reach out to Sarah Porter, the University’s director of research security, with any questions.

Disclosure to federal sponsors: Disclosure of foreign affiliation and activities to the funding sponsor are made in your BioSketch and Current and Pending (Other) Support proposal forms, annual progress reports, and ad hoc notifications. Although the agencies are attempting to harmonize what must be disclosed, disclosure requirements are still largely sponsor-specific.

Disclosure to Boston University: You are also required to disclose participation in foreign talent recruitment programs to BU in your External and International Activity Report and in your Financial Conflict of Interest (FCOI) disclosure in Huron. The Huron questionnaire specifically asks for disclosure of membership in a FTRP, whether compensated or not, and every project disclosure submitted includes the following certification:

I certify that I have disclosed any memberships in foreign talent recruitment programs in my COI disclosure and I understand that Boston University prohibits all researchers from participating in malign foreign talent recruitment programs and hereby certify at the time of this submission that I am not a party to a malign foreign talent recruitment program.

As a reminder, malign foreign talent recruitment programs are totally prohibited.

The government has specifically designated some foreign talent recruitment programs as being malign, and as of August 9, 2024, BU adopted a policy prohibiting any BU researcher from participating in a malign foreign talent recruitment program, regardless of position and funding source.

Malign foreign talent recruitment programs are defined as meeting a three-part test:

• First, you must be receiving some kind of compensation, including non-monetary compensation such as recognition, awards, reimbursement, etc., from a country other than the US.
• Second, the country from which you receive compensation must be a foreign country of concern, which presently includes China, Iran, Russia, and North Korea.
• Third, in exchange for the compensation, you have been asked to perform particular activities that benefit the foreign country of concern.

Review the Office of Science and Technology Policy February 2024 memorandum and our FAQs for further detail.

Certifying compliance: As of May 2024, NSF award recipients are required to certify in their BioSketch and Pending and Other Support form that at the time of proposal, they are not participating in a malign foreign talent recruitment program. Researchers also certify to BU that they are not participating in a malign foreign talent recruitment program in their FCOI disclosure in Huron. As of October 2024, the External and International Activity Report is being revised to include disclosure of malign foreign talent recruitment programs.

Questions

Please contact Sarah Porter, Director of Research Security, at sbporter@bu.edu with any questions.

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