Malign Foreign Talent Recruitment Program

A Malign Foreign Talent Recruitment Program means any program, position or activity that includes compensation or in-kind compensation (e.g., title) in exchange for any of the following:

• Unauthorized transfer of intellectual property, materials, data products or other nonpublic information
• 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 Federal research award
• Inability to terminate the contract or agreement except in extraordinary circumstances
• Limited capacity to carry out a research and development award
• Work that overlaps or duplicates Federally funded work
• Must apply for and successfully receive funding from foreign government with the foreign organization as the recipient
• Must omit acknowledgement of US home institution and/or funding agency
• Must not disclose participation to US home institution and/or 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).