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).
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