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 faculty should request a compliance check on the entity and disclose their plans before signing other collaborative agreements with foreign institutions, even if they are not 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 per federal sponsor requirements.
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
What Kinds of International Collaborations and Activities Are Permissible?
Under federal law and guidance, there are several international collaborations and activities that are not considered part of a prohibited malign foreign talent recruitment program. Protected activities do not include activities for or with a restricted entity. Protected international activities may include:
- Scholarly presentations and publishing materials
- Participating in or disseminating information at international conferences or other international exchanges
- Please note that international conferences held in an embargoed or sanctioned country may require an export control license. The Export Control Office identifies travel to embargoed countries when the travel is entered into Concur and contacts the traveler with next steps.
- Participating in research projects or programs that involve open and reciprocal exchange of scientific information that are aimed at advancing international scientific understanding
- Advising a foreign student enrolled at an institution of higher education or writing a recommendation for such a student at the student's request
- Please note that formal advising of a foreign student in an embargoed or sanctioned country may require an export control license. Please email the Export Control Office prior to beginning an advising relationship for a student in an embargoed or sanctioned country.
- Taking a sabbatical in a foreign country, serving as a visiting scholar, or serving as a U.S. government appointee to a board of a joint scientific fund
- Please note that foreign work-related travel should be entered into Concur prior to the trip, even if that travel occurs during a sabbatical. Such travel may be subject to approval. Serving as a visiting scholar may require disclosure under the Conflict of Interest, Conflict of Commitment, and Outside Activities Policy or under the Financial Conflict of Interest in Research Policy.
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