Conflicts of Interest

UGA Foreign Talent Recruitment Program Policy

  1. Background

This policy ensures the University of Georgia’s compliance with the 2022 CHIPS (Creating Helpful Incentives to Produce Semiconductors) and Science Act, which directs Federal agencies to ensure that individuals participating in Federal awards refrain from participating in any Malign Foreign Talent Recruitment Program (MFTRP) and disclose their participation in any Foreign Talent Recruitment Program (FTRP).

  1. Policy Statement
  • Covered Individuals (as defined below) may not participate in any MFTRP (as defined below).
  • Covered Individuals must certify at the time of proposal, and annually for the duration of the award, that they are not a participant in any MFRTP.
  • Covered Individuals must disclose their participation in FTRPs (as defined below) to UGA in the Sponsored Projects portal and as otherwise required.
  • Covered Individuals must disclose their participation in FTRPs to sponsors when required by the sponsor at the time of proposal and as otherwise required.
  • Covered Individuals must comply with all sponsor policies regarding FTRPs and MFTRPs.
  1. Definitions
Term Definition Summary Definition
Covered Individual For purposes of this Policy, a Covered Individual is defined (revised from CHIPS and Science Act, page 306, to include non-Federally funded awards) as an individual who:

a) contributes, in a substantive, meaningful way to the scientific development or execution of a research and development or any other sponsored project proposed to be carried out with an award from any sponsor (Federally and non-Federally funded); or

b) is designated as a Covered Individual by a Federal research funding agency.

Note: The definition of a Covered Individual is based on their contribution to the project as defined above and is not related to the title of the individual. At UGA, a Covered Individual could be a faculty member, research scientist, researcher, visiting scientist, student (undergraduate or graduate), post-doctoral fellow, etc., regardless of whether they are paid or unpaid. Similarly, congressional legislation and Federal agencies use different terms such as PI, Co-PI, Investigator, Project Director, Project Co-Director, “Key performer”, “Key personnel”, “Senior personnel”, “Named Researcher”, “Named Individuals”, “Sponsored Researcher”, etc.
Foreign Talent Recruitment Program (FTRP) Any effort organized, managed, or funded by a foreign government, or a foreign government instrumentality or entity, to recruit science and technology professionals or students (regardless of citizenship or national origin, or whether having a full-time or part-time position). 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.

White House Guidelines for Federal Research Agencies Regarding Foreign Talent Recruitment Programs (WH Memo), Pages 3-4.

See also the exceptions to this definition in the WH Memo.
Malign Foreign Talent Recruitment Program (MFTRP) An FTRP that is sponsored by a country of concern or banned entity and contains problematic requirements or obligations, usually with the intent of acquiring U.S. scientific-funded research or technology unethically or unlawfully. 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 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—

(i) Engaging in the unauthorized transfer of IP, materials, data products, or other nonpublic information;

(ii) Being required to recruit trainees or researchers to enroll in such program;

(iii) Establishing a lab or accepting a faculty position in violation of the terms and conditions of a Federal award;

(iv) Being unable to terminate the foreign talent recruitment program;

(v) Being required to duplicate work with a federal award;

(vi) Being required to apply for funding from the sponsoring foreign government;

(vii) Being required to omit acknowledgement of the recipient institution or agency sponsoring the research;

(viii) Being required to not disclose to the Federal research agency participation in such program; or

(ix) Having a conflict of interest or commitment contrary to the terms and conditions of a Federal award

AND

is sponsored by—

(i) 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 (currently countries of concern are North Korea, China, Iran, and Russia);

(ii) 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. 2358 note; Public Law 115-232); or

(iii) 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. 2358 note; Public Law 115-232).

CHIPS and Science Act, Page 306