Malign Foreign Talent Recruitment Program

A Malign Foreign Talent Recruitment Program means any program, position or activity that includes compensation 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 or consideration directly provided by a foreign country at any level (national, provincial, or local) or their designee, or an entity based in, funded by, or affiliated with a foreign country), whether or not directly sponsored by the foreign country, to the targeted individual, whether directly or indirectly stated in the arrangement, contract, or other documentation at issue, in exchange for any of the following:

• Unauthorized transfer of intellectual property, materials, data products or other nonpublic information owned by a US entity or developed with a US federal research & development award to a foreign government or an entity based in, funded by, or affiliated with a foreign country regardless of whether that government or entity provided support for the development of the intellectual property, materials, or data products;
• Recruitment of trainees or researchers to enroll in a program, position or activity
• Establishing a lab or company, accepting a faculty appointment or undertaking employment or an appointment in violation of the terms and conditions of a UA federal research & development award
• Inability to terminate the contract or agreement except in extraordinary circumstances
• Limited capacity to carry out a research & development award because of funding or effort related to the foreign talent recruitment program
• Requirement to engage in work that substantially overlaps or duplicates a US federal research & development award
• Must apply for and successfully receive funding from the foreign government with the foreign organization as the recipient
• Must omit acknowledgement of US home institution and/or US funding agency
• Must not disclose participation to US home institution and/or US funding agencies
• Conflict of interest or commitment

and is sponsored by

• a foreign country of concern or an entity based in a foreign country of concern, whether or not directly sponsored by the foreign country of concern;10 an academic institution on the list developed under section 1286(c)(8) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note; Public Law 115-232); or  
• an academic institution on the list developed under section 1286(c)(8) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note; Public Law 115-232); or  
• a foreign talent recruitment program on the list developed under section 1286(c)(9) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note; Public Law 115-232).