Malign Foreign Talent Recruitment Programs and Entities of Concern Guidance

A Malign Foreign Talent Recruitment Program is any program, position, or activity associated with a country of concern or entity of concern in such forms as the following:

• Cash
• In-kind compensation, including research funding
• Promised future compensation
• Complimentary foreign travel
• Things of non de minimis value
• Honorific titles
• Career advancement opportunities,
• Other types of remuneration or consideration (See 42 U.S.C § 19237).

A foreign affiliation is a funded or unfunded academic, professional, or institutional appointment or position with a foreign government or government-owned entity, whether full-time, part-time, or voluntary (including adjunct, visiting, or honorary). This includes appointments or positions deemed adjunct, visiting, or honorary with research institutions located in a foreign country of concern. (See 15 U.S.C. § 638(e)(16)). 

Principal investigators must certify on the proposal’s Biosketch, SF 424, or other form as applicable that they and all other senior/key personnel are not participating in an Malign Foreign Talent Recruitment program. Currently two federal agencies require the Malign Foreign Talent Recruitment program certification: National Science Foundation (NSF) (Biosketch) and Department of Defense (DoD) (SF 424).

Participation in an Malign Foreign Talent Recruitment program is cause for senior/key personnel to be dismissed from all federally-sponsored research proposals or awards and/or face other consequences. 

Is the foreign entity affiliation or project sponsored by an organization in one of the following countries?

• China
• Iran
• North Korea
• The Russian Federation

If the answer to Question 1 is YES, continue to Question 2.

If the answer to Question 1 is NO, skip Question 2 and continue to Question 3.

Do one or more of the following nine prohibited practices represent the researcher’s work or involvement with a country of concern?

1. Engage in the unauthorized transfer of intellectual property, materials, data products, or other nonpublic information;
2. Require recruitment of trainees or researchers to enroll in a program, position or activity, or accept employment at a foreign entity;
3. Establish a laboratory or company, or accept a faculty position, or other employment in a foreign country;
4. Be unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;
5. Be required to engage in work that limits capacity to carry out a research and development award, or has a substantial overlap or duplication of a federal research and development award;
6. Be required to apply for or receive funding from a foreign government that would be awarded to the foreign institution;
7. Be required to omit acknowledgement of the foreign institution, or any United States federal research sponsors;
8. Be required not to disclose affiliation or participation with the foreign institution to Virginia Tech or the United States federal government in a program, position, or activity;
9. Have a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award.

If the answer to Question 2 is YES to one or more of the prohibited practices, or one is not certain if a foreign party participates in prohibited practices, STOP and contact foreigninfl@vt.edu for assistance.

If the answer to Question 2 is NO, continue to Question 3.

Does the foreign collaborator appear on one or more United States restricted party screening lists? To answer this question, submit organization names and/or individual points-of-contact names to foreigninfl@vt.edu.

If there are no intersections with activities defined under Malign Foreign Talent Recruitment programs, and United States restricted party screening lists do not identify any issues, the senior/key personnel may certify as “not participating in an Malign Foreign Talent Recruitment program” on the Biosketch, SF 424, other forms as applicable.