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International collaboration

In furtherance of ¶¶Òõ¶ÌÊÓƵ's mission to advance knowledge and transform lives, ¶¶Òõ¶ÌÊÓƵ supports academic exchanges and collaboration with international research partners; however, with the changing landscape of international partnership and security in academic research, vigilance and caution with these types of international collaborations is becoming increasingly important.

Sometimes, these collaborations can involve Foreign Talent Recruitment Programs (FTRPs), which bring with them certain risks which require due diligence to guard against. Due to the nature of these risks, steps have been taken by federal, state, and university officials to mitigate them whenever possible.  For instance, the  (CHIPS and Science Act of 2022) directs federal research sponsors to maintain policies which:

• require covered individuals to disclose all participation in FTRPs, and
• prohibit recipients of federal support from participating in any “malign” foreign talent recruitment programs (MFTRPs)

foreign talent recruitment program (ftrp) definition

The White House Office for Science and Technology Policy (OSTP) released a 2024 memo titled “” that defines FTRPs as follows: 

"...any program, position, or activity that includes compensation 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 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 an individual, whether directly or indirectly stated in the arrangement, contract, or other documentation at issue."

Malign foreign talent recruitment program (mftrp) definition

The CHIPS and Science Act of 2022 defines "Malign Foreign Talent Recruitment Programs" (MFTRPs) as:

a. any program, position, or activity that includes compensation 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 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 the individual—

1. engaging in the unauthorized transfer of intellectual property, materials, data products, or other nonpublic information owned by a United States entity or developed with a Federal research and development award to the government of a foreign country 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; 
2. being required to recruit trainees or researchers to enroll in such program, position, or activity; 
3. 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 in, funded by, or affiliated with a foreign country if such activities are in violation of the standard terms and conditions of a Federal research and development award;
4. being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;
5. through funding or effort related to the foreign talent recruitment program, being limited in the capacity to carry out a research and development award or required to engage in work that would result in substantial overlap or duplication with a Federal research and development award;
6. 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;
7. being required to omit acknowledgment of the recipient institution with which the individual is affiliated, or the Federal research agency sponsoring the research and development award, contrary to the institutional policies or standard terms and conditions of the Federal research and development award;
8. being required to not disclose to the Federal research agency or employing institution the participation of such individual in such program, position, or activity; or
9. having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award; and

b. a program that is sponsored by—   

1. 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; or
2. 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   
3. 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). 

*Note: Under this definition, the foreign countries of concern are: The People's Republic of China (China); The Russian Federation (Russia); The Islamic Republic of Iran (Iran); and The Democratic People's Republic of Korea (North Korea).

This chart may assist with understanding the definition of MFTRP .

Texas EO GA-48

In addition to the federal guidelines mentioned above, ¶¶Òõ¶ÌÊÓƵ also falls under .  This EO was signed by Governor Abbott on November 19, 2024, and specifically forbids any Texas public institution's faculty or employees from participating in an MFTRP.  For this reason, ¶¶Òõ¶ÌÊÓƵ faculty and staff may not participate in any MFTRPs. 

*Note: Under this EO's definition, the foreign adversaries are: The People's Republic of China (China); The Russian Federation (Russia); The Islamic Republic of Iran (Iran); The Democratic People's Republic of Korea (North Korea); The Republic of Cuba (Cuba); and Venezuelan politician Nicolas Maduro.

¶¶Òõ¶ÌÊÓƵ Policy on Malign Foreign Talent Recruitment Programs

Policy: The University of Texas at El Paso prohibits participation by Covered Individuals in Malign Foreign Talent Recruitment Programs (MFTRPs). In addition, Covered Individuals are required to comply with all sponsor policies and certifications regarding Malign Foreign Talent Recruitment Programs as they are developed and implemented and are required to certify that their disclosures are true, complete, and accurate to the best of the Covered Individual’s knowledge. False statements or claims (including intentional omissions) in violation of this federal regulation may result in criminal, civil, administrative, or university penalties.

For further guidance, please click the following link: ¶¶Òõ¶ÌÊÓƵ Guidance on MFTRPs

additional information on MFTRPs and funding from the CHips and science act

 The   (the CHIPS Act) prohibits "research and development awards from being made for any proposal in which a covered individual is participating in a malign foreign government talent recruitment program" (Sec. 10631). This applies to federal employees, contractors, and awardees—including University employees, individual investigators, and other key personnel applying for federal funding.

Sec. 10632 of the CHIPS Act states, each covered individual listed in a proposal for a research and development award from a federal agency must "certify that each such individual (listed in the proposal) is not a party to a malign foreign talent recruitment program in the proposal submission of each such individual and annually thereafter for the duration of the award".

Sec. 10638 (4) of the CHIPS Act defines both "Covered Individual" and "Malign Foreign Talent Recruitment Program". A covered individual "contributes in a substantive, meaningful way to the scientific development or execution of a research and development project proposed to be carried out with a research and development award from a Federal research agency". An MFTRP is defined as "any program, position, or activity that includes compensation 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 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". Refer to the CHIPS act for full details on prohibited actions.

To receive funding (or continue to receive funding) from a Federal Agency, each Covered Individual at the University who is named on a proposal must certify non-participation in a MFTRP with the Federal Agency.

Further information