Some foreign universities and companies have been seeking relationships with faculty at U.S. universities. These programs may provide appointments, labs, or startup funding at the foreign institution, or payment or research funding to be done at the UO or another institution.
UO researchers and other primary staff who receive federal funding or work on federally funded projects may not participate in a malign foreign talent recruitment program.
In addition, UO researchers and other primary staff should request a compliance check on the entity and disclose their plans before signing other collaborative agreements with foreign institutions, even if they are currently applying for federal funding.
Malign Foreign Talent Recruitment Programs
UO researchers who receive federal funding may not participate in a malign foreign talent recruitment program per 42 USC 19232: Malign Foreign Talent Recruitment Program Prohibition and federal sponsor agency regulations.
A malign foreign talent recruitment program is defined as a recruitment program sponsored by or located within a country deemed a country of concern by the U.S. government that offers an employee compensation for performing one or more problematic obligations or activities, which are listed below.
If you have been asked to participate in a malign foreign talent recruitment program that meets one or more of the criteria below, do not sign the agreement and please email us.
Problematic Obligations or Activities
Malign foreign talent recruitment programs require an employee to complete one or more problematic obligations or activities.
These obligations may include:
- Unauthorized transfer of intellectual property, materials, data, or other nonpublic information
- Recruitment of trainees or researchers to enroll in the program
- Establishing a lab or forming a company in a foreign country in violation of terms and conditions of a federal research award
- Accepting a faculty position or undertaking any other employment or appointment in violation of terms and conditions of a federal research award
- Signing a contract or agreement which the employee is unable to terminate except in extraordinary circumstances
- Committing a specified amount of time to work for the foreign institution
- Engaging in work that overlaps or duplicates a federal research award
- Applying for or receiving research funding from the foreign government that would be awarded to the foreign institution
- Requirement to omit acknowledgement of the foreign institution or any U.S. federal research sponsors
- Requirement to not disclose participation in the program, position, or activity to the University of Oregon or the U.S. federal government
- Conflict of Commitment: Having a conflict of interest or commitment contrary to a federal research award
Types of Compensation
Types of compensation in exchange for the obligations may include:
- Cash
- In-kind compensation, including research funding
- Promise of future compensation
- Complimentary foreign travel
- Honorific titles
- Career advancement opportunities
- Things of non de minimis value
- Other types of remuneration or consideration
Countries of Concern
Malign foreign talent recruitment programs originate in a country of concern. Currently, countries of concern include:
- People's Republic of China
- Democratic People's Republic of Korea (North Korea)
- Russian Federation
- Islamic Republic of Iran
- Any other country determined to be a country of concern by the Secretary of State
Other Foreign Collaborative Agreements
UO faculty and researchers may be contacted by other foreign entities requesting collaborations with them as individuals.
Before signing such an agreement:
- Request a compliance check on the entity
- Disclose your plans to engage in an activity outside the university using the Research Administration Portal
- Seek outside counsel to review the language in the agreement, as the university cannot provide legal advice when employees sign contracts outside their work at the UO