Foreign Talent Programs

Many countries sponsor talent recruitment programs for legitimate purposes of attracting researchers. However, association with certain foreign talent recruitment programs can lead to ineligibility to receive federal funding for your research. Researchers applying for or working on a federal award cannot be a “malign” foreign talent program member or participant under a new federal mandate. In general, foreign talent recruitment programs include any foreign-state-sponsored attempt to acquire U.S. scientific-funded research or technology through foreign government-run or funded recruitment programs that target scientists, engineers, academics, researchers, and entrepreneurs of all nationalities working or educated in the United States. These recruitment programs are often part of broader whole-of-government strategies to reduce costs associated with basic research while focusing investment on military development or dominance in emerging technology sectors. Distinguishing features of a foreign government talent recruitment program include:

• Compensation provided by the foreign state to the individual in exchange for the individual transferring their knowledge and expertise to the foreign country. The compensation can take several forms, such as cash, research funding, honorific titles, career advancement opportunities, promised future compensation, or other types of remuneration or consideration.
• Recruitment in this context refers to the foreign-state-sponsor’s active engagement in attracting the individual to join the foreign sponsored program and transfer their knowledge and expertise to the foreign state. The individual may be employed and located in the U.S., or in the foreign state. Recruitment would not necessarily include any invitation for engagement extended by the foreign state, for example, an invitation to attend or present work at an international conference.
• Many, but not all, programs aim to incentivize the individual to physically relocate to the foreign state. Of particular concern are those programs that allow for continued employment at U.S. research facilities or receipt of federal research funds while concurrently receiving compensation from the foreign state.

A foreign country of concern is defined in the CHIPS and Science Act (Section 10638(2)) as “the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, the Islamic Republic of Iran, or any other country determined to be a country of concern by the Secretary of State.” Mines researchers must disclose if they are a talent program member.