Malign Foreign Talent Recruitment Programs (MFTRPs)

Wake Forest University prohibits all employees from participating in a Malign Foreign Talent Recruitment Program (MFTRP). A MFTRP involves a Foreign Country of Concern (FCOC) which is defined in the CHIPS and Science Act of 2022 as China (including Hong Kong), North Korea, Russia, and Iran.

The term “Malign Foreign Talent Recruitment Program” is defined in the CHIPS and Science Act of 2022 (Sec. 10638) as: (A) Any program, position or activity compensated with cash or in-kind compensation such as complimentary foreign travel, honorific titles, career advancement opportunities, where the compensation is in exchange for one or more of the following:

  1. Unauthorized transfer of intellectual property, materials, data products, or other nonpublic information developed through U.S. federal funding to a foreign government or entity affiliated with a foreign country;
  2. Being required to recruit trainees or researchers to participate in the program or activity;
  3. Establishing a lab or company or accepting a faculty position or other employment if these activities are in violation of standard terms and conditions of a federal award;
  4. Being unable to terminate the contract except in extraordinary circumstances;
  5. Requiring commitments that limit the capacity to carry out a U.S. federal award or would result in substantial overlap or duplication;
  6. Being required to apply for or successfully receive funding from the sponsoring foreign government’s funding agencies, with the foreign organization as the recipient;
  7. Being required to omit acknowledgement of the recipient institution (i.e., Wake Forest University), or the U.S. federal research agency sponsor, contrary to institutional policies or standard award terms and conditions;
  8. Being required to withhold information about participation in the program and not to disclose it to the U.S. funding agency or to Wake Forest University; OR
  9. Having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the award.

and (B)

  1. A foreign country of concern (FCOC) or an entity based in a FCOC, whether or not directly sponsored by the FCOC;
  2. 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 (NDAA 2019) (10 U.S.C. 2358 note; Public Law 115-232); or
  3. A foreign talent recruitment program on the list developed under section 1286(c)(9) of the NDAA 2019 (10 U.S.C. 2358 note; Public Law 115-232).

If you have been approached by an organization that may meet the above definition, please contact James Ponce, Associate Vice President, Chief Audit & Compliance Officer, at poncej@wfu.edu.