Last updated on May 14, 202430 min readResearch Security Program - Foreign Talent Recruitment Programs
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New BU Policy Prohibits Participation in Malign Foreign Talent Recruitment Programs
Boston University’s policy on participation in MFTRPs goes into effect on May 20, 2024 for all NSF-funded researchers and August 9, 2024 for all research, regardless of funding source.
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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 (FTRPs);
- Prohibit research and development awards from being made for any proposal in which a covered individual is participating in a Malign Foreign Talent Recruitment Program (MFTRP);
- Require certification at proposal, and annually for the duration of the award, that the covered individual is not a party to a MFRTP.
Each institution of higher education applying for a federally funded award will be required to certify that each covered individual who is employed by the institution has been made aware of the prohibition and certification requirements and has complied with the requirements.
Definitions
What is a foreign talent recruitment program?
What is not considered a foreign talent recruitment program?
What is a malign foreign talent recruitment program?
What is not a malign foreign talent recruitment program?
Malign Foreign Talent Programs by Agency
Department of Defense
Department of Energy
National Institutes of Health
National Science Foundation
What does this mean for BU researchers?
The US government has determined that participation in certain FTRPs and all MFTRPs raises research security concerns. To address these risks, the government and its funding agencies will:
- Deny eligibility for federal funding to researchers participating in MFTRPs;
- Require certification of all covered individuals on a grant proposal that they do not participate in a MFTRP at time of proposal and annually thereafter for PIs and Co-PIs;
- Require federally funded researchers disclose participation in any FRTP (even if not a MFTRP);
- May require mitigation prior to award if participation in certain FRTPs is of sufficiently high risk.
Additionally, the University has approved a policy prohibiting participation in Malign Foreign Talent Recruitment Programs. The policy goes 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.
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Participation in Foreign Talent Recruitment Programs
Generally, participation in Foreign Talent Recruitment Programs (FTRPs) that encourage collaboration and the open and reciprocal exchange of scientific information and the advancement of international scientific information are not prohibited, but you should be sure that any FTRP you are considering:
- Places no restrictions on publications
- Grants IP and other proprietary rights in accordance with US laws
- Engages with you through an agreement or contract with BU
Is Your Talent Program Malign?
If your arrangement is described in Box 1, AND has at least one factor from Box 2, AND has at least one factor from Box 3, then your arrangement meets the CHIPS and Science Act definition of a Malign Foreign Talent Program.
Box 1
You are receiving compensation from a foreign country or an entity based in a foreign country for any program, position or activity; (Compensation may be 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)
Box 2
The compensation is being offered/paid by:
- a Foreign Country of Concern (FCOC), presently defined as China, Iran, North Korea, or Russia.
- or, an entity based in a FCOC
- or, an academic institution or a foreign talent recruitment program identified by the Department of Defense here on pages 18-21.
Box 3
The compensation is in exchange for you:
- engaging in the unauthorized transfer of intellectual property, materials, or data products, owned by a United States entity or developed with a federal research and development award;
- being required to recruit trainees or researchers for the program;
- establishing a laboratory or company, accepting a faculty position, or undertaking any other employment or appointment in a foreign country or with an entity based a foreign country;
- being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circ*mstances;
- being `required to engage in work that would result in substantial overlap or duplication with 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 you are affiliated, or the Federal research agency sponsoring the research and development award;
- being required to not disclose to the Federal research agency or your institution your participation 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 award.
If you believe you are participating, or have participated in, a Malign Foreign Talent Program, please contact Director of Research Security Sarah Porter at sbporter@bu.edu.
Required Disclosures
- FCOI Disclosure in Huron: Disclose any remuneration (e.g., salary, income, consulting fees, honoraria, paid authorship or any other payment) in excess of $5k US that you received in the past 12 months directly from the entity. Under “other appointments,” you also must report if you are part of a talent program, even if no compensation is received.
- External and International Activity Report: Report any participation in a talent program that is not through an agreement with BU. Charles River Campus faculty should complete their External and International Activity Report in MY CV. Boston University Medical Campus faculty should submit them on the BUMC website.
- Sponsor Disclosures: Disclose your participation in ANY foreign talent program, even if though an agreement with BU, to federal sponsors. NSF looks only at current or pending participation in a talent program, but DOD also considers past participation in its funding risk assessment. Please note that disclosures made to BU through the Huron and MyCV systems are not disclosures to a sponsor. Sponsor disclosures are made through your BioSketch and Current and Pending (Other) Support forms and it is your responsibility to include all requested information therein.
