Summary
Activities and relationships with foreign governments and state-sponsored entities may constitute participation in a foreign government talent recruitment program. UTD researchers need to identify and report their participation in talent recruitment programs because such relationships can create an apparent or actual conflict of interest or conflict of commitment by biasing or influencing a researcher’s decisions regarding the design, conduct, and reporting of research. Please review the information on this page when considering an engagement with a foreign government entity or an entity receiving foreign government funding.
Applicability
This policy guidance is provided to clarify the requirements of conflict of interest and commitment policies UTDPP1029 Research Conflict of Interest and UTDPP1100 Conflicts of Interest and Conflicts of Commitment. This guidance is applicable to researchers who contribute to the design, conduct, and reporting of research and educational activities funded by the US federal government.
These guidelines describe the policy requirements and processes that apply to UTD researchers who receive appointments, positions, funding, and other financial support from foreign government agencies and institutions. These guidelines serve to help UTD researchers to recognize and report foreign government opportunities that may qualify as a foreign government talent recruitment program, so that the opportunity can be evaluated and managed with the UT Dallas Research Security and Ethics program.
These guidelines are related to the Procedure for Reporting External Research Resources, which describe the broader responsibility of federally funded researchers for reporting funding, scientific activities, appointments, and other resources to UT Dallas and US federal funding agencies.
Identifying Foreign Government Talent Recruitment Programs
Federal funding agencies, including the National Science Foundation, Department of Energy and National Institutes of Health, have defined foreign government talent recruitment programs as activities that involve the transfer of a researcher’s knowledge and expertise to a foreign country in exchange for compensation like cash, research funding, honorific titles, career advancement opportunities, or promised future compensation. Such programs include any foreign state-sponsored attempt to acquire U.S. scientific-funded research or technology through foreign government-run or funded recruitment programs that target scientists, engineers, academics, researchers, and entrepreneurs of all nationalities working or educated in the United States. These recruitment programs are often part of broader whole-of-government strategies to reduce costs associated with basic research while focusing investment on military development or dominance in emerging technology sectors.
How do I know if I am being recruited for a Talent Recruitment Program?
The best way to protect for UTD researchers to protect themselves from the appearance of conflict of interest and commitment from a FGTRP is to request approval for foreign research activities before accepting an appointment or starting the activity. RSE program personnel will review the activity with you and help you identify signs of talent recruitment program participation and potential conflicts of interests or commitment. UTD researchers will need to share a copy of the draft agreement or contract with UTD and identify any ‘side-deals’ or informal conditions related to the position. They will also need to identify any technology or research from UTD that they will use or study in the outside activity, or that is related to the research or commercial interests of the foreign entity.
Reporting Foreign Government Talent Recruitment Programs
Reporting to Funding Agencies: Funded researchers must complete funding agency certifications and identify participation in foreign government talent recruitment programs as required by a funding sponsor.
- As of May 20, 2024, senior/key personnel identified in funding proposals submitted to the National Science Foundation must certify annually that they are not party to a malign foreign government talent recruitment program.
- Personnel contributing to awards issued by the Department of Energy must certify whether they are party to foreign government talent recruitment program when required in the award conditions.
- Personnel contributing to awards issued by the Department of Defense must certify whether they are party to foreign government talent recruitment program when required in the award conditions.
Reporting to UTD: Funded researchers must report positions, funding, and other financial support from foreign government agencies, and institutions that may qualify as a foreign government talent recruitment program to UT Dallas prior to accepting the relationship. The RSE program personnel will evaluate the relationship with the researcher for conflicts of interest or commitment that must be managed or removed to ensure the researcher does not appear to be biased or unduly influenced by the relationship.
Resolving Potential Conflicts: When a potential conflict is identified, researchers must be responsive to requests for information from RSE program personnel and work proactively to resolve all policy and grant compliance concerns.
Malign Foreign Government Talent Recruitment Programs
Avoiding Substantial Conflicts: UTD researchers cannot accept or benefit from research resources that are in conflict with their obligations to UTD, or with the commitments they make to their US federal funding agencies. Malign foreign government talent recruitment programs generally involve obligations that conflict with UT Dallas policies and US federal funding, and so qualify as substantial conflicts of interest.
Prohibition on Malign Foreign Government Talent Recruitment Program Participation: Because malign foreign government talent recruitment programs qualify as a substantial conflict of interest, UT Dallas researchers who are participating in a malign foreign talent recruitment program are prohibited from participating in federally funded research at UT Dallas.
For the full definition of a malign foreign talent recruitment program, see Section 10632 of Public Law 117-167.