To align with federal regulations related to foreign talent recruitment programs (FTRP), the university updated the Outside Activity and Conflicts Policy to provide rules for all Ohio State employees. Under the policy:
- Employees must receive approval before participating in an FTRP. Employees must request approval by submitting an Outside Activity Approval Form. If participation is approved, and the employee is required to submit an annual eCOI Disclosure Form, the employee must update the disclosure form within 30 days of engaging in the activity.
- Researchers engaged in federally-funded research are prohibited from participating in a malign foreign talent recruitment program (MFTRP).
- Employees not engaged in federally-funded research must submit an Outside Activity Approval Form and receive approval prior to participating in an MFTRP.
These changes are a result of the CHIPS and Science Act of 2022
The CHIPS and Science Act of 2022 required publication of guidelines for federal research agencies regarding foreign talent recruitment programs (FTRPs). Some federal research agencies have already implemented FTRP/MFTRP policies:
- The Department of Energy (DOE) has prohibited participation in FTRPs since 2020 (DOE Order 486.1A). To comply, Ohio State researchers must complete a DOE FGTRP Certification before submitting a DOE proposal.
- The Department of Defense (DOD) will begin prohibiting MFTRP participation after August 9, 2024 (DoD Decision Matrix). Current participation in an FTRP requires mitigation and may result in rejection of the proposal. Past participation in an FTRP may require mitigation depending on the length of time since the FTRP was active.
- The National Science Foundation (NSF 2024 Policies and Procedures Guide) prohibits senior/key personnel from participating in an MFTRP.
Detailed definitions and university requirements related to FTRPs and MFTRPs can be found in the Office of Research’s Foreign Talent Programs Standard Operating Procedure. Key points include:
- An FTRP is an effort organized, managed or funded by a foreign government to recruit professionals or students. Compensation could include cash, research funding, sponsored travel, honorific titles or career opportunities or in-kind compensation.
- An MFTRP is a program, position, or activity that includes compensation in exchange for the individual engaging in certain malign or unauthorized activities. MFTRPs are sponsored by a foreign country of concern or an institution or FTRP on the lists developed under the NDAA Act.
Failure to disclose an FTRP to the university or federal sponsors can have serious consequences.
University consequences may include corrective or disciplinary action, up to and including termination. Failure to disclose to federal sponsors may lead to criminal, civil or administrative consequences.
Before participating in an FTRP, researchers should carefully consider the risks.
Federal sponsors carefully review researchers’ foreign activities and affiliations, FTRP participation may result in proposal rejection or require mitigation, including, but not limited to: additional training, increased frequency of reporting, replacement of individuals on the project, or requirements to resign from a position that was determined to be problematic.
Additional Information
Contact the International Engagements team with questions.