Foreign talent recruitment programs

Foreign Talent Recruitment Programs (FTRP) aim to directly or indirectly recruit experts such as researchers and/or students in specific fields of interest through programs which are organized, managed, and/or funded by a foreign government or institution. Researchers can be recruited to FTRPs regardless of citizenship or nationality and may have a full or part-time position.  

While individual talent programs may have their own individual characteristics, FTRPs generally offer researchers incentives such as:

  • Research funding/facilities (labs) 
  • Employment offers from foreign institutions 
  • Titles, awards, and appointments 
  • Financial rewards 
  • Other in-kind support 

While participation in a foreign talent program is not illegal, some FTRPs are considered to be Malign Foreign Talent Recruitment Programs (MFTRPs) that may be in breach of the Canadian government’s Sensitive Technology Research and Affiliations of Concern (STRAC) policy, Sanctions lists (see below), and Named Research Organizations (NROs) from countries of concern. MFTRPs are usually funded by a foreign government or entity that seeks to obtain Canadian-funded scientific research or technology unethically or unlawfully. 

MFTRPs could be characterized by the following: 

  • A requirement to omit acknowledgement of a researcher’s affiliate university or agency funding their research.  
  • A requirement not to disclose the researcher’s participation in the FTRP to their affiliate university or research funding agency. 
  • Unauthorized transfers of intellectual property, data, or other non-public information from a funded research program to a foreign country/entity that may not have provided support for the research. 
  • A requirement to recruit other researchers/trainees to join the talent program. 
  • Inability to terminate the FTRP contract or agreement. 
  • Establishing a laboratory or accepting a faculty position that violates the terms and conditions of a federal research grant. 

Policy requirements and funding considerations

Researchers must ensure FTRPs are safe, secure, and authorized before their participation. The following considerations are essential: 

  • Policy 69 on Conflict of Commitment: Per Policy 69, participation in FTRPs raises concerns around a perceived or actual conflict of commitment, and must thus be disclosed to your immediate supervisor for approval before any decision is taken around joining one. Germane language from Policy 69’s examples include: 

    • Undertaking external consulting, professional or other activities which, by virtue of their time commitment, prevent the faculty or staff member from fulfilling her/his obligations to the University. 

    • Involvement in external organizations which bring a faculty or staff member into a position of divided loyalty between the mission of the University and the interests of the external organization. 

  • Policy 49 on Extra-University Activity. FTRP participation must also be disclosed and approved under Policy 49 for Extra-University Activity, as they constitute a substantial extra-university activity.  

  • Tri-Agency Funding: The Government of Canada’s Tri-Agency Framework: Responsible Conduct of Research (2021) requires researchers receiving federal funding to disclose foreign affiliations and funding, and to be compliant with the recently released STRAC and NRO policy requirements. 

  • Provincial Funding (i.e. Ontario Research Fund or Early Research Awards): The Ministry of Colleges and Universities (MCU) requires researchers at Ontario universities to have a shared commitment to protect Ontario’s research. The MCU considers participation in an MFTRP to be a high-risk affiliation that may put provincial funding in jeopardy. Note that this includes Ontario Research Fund support for federal Canada Foundation for Innovation funding. 

  • U.S. Funding: Canadian researchers who receive research grants from the United States (US) may also be subject to regulations related to participation in FTRPs. For example, the National Science Foundation (NSF), National Institutes of Health (NIH), Department of Defense (DoD), the Department of Energy (DoE), and other US funders prohibit sponsored research personnel from participating in MFTRPs, as required by the U.S. CHIPS and Science Act 2022 (sec.10631), the Office of Science and Technology Policy (OSTP) on FTRPs, and researchers may be required to fill out the Biographical Sketch Common Form. 

    In addition, researchers who are considered to be “covered individuals” under the U.S. CHIPS and Science Act 2022 (sec.10631) are prohibited from participating in an MFTRP. To determine if this US funding requirement applies to you consider the following questions: 

    • Are you a “covered individual”? Covered individuals include Principal Investigators (PIs), senior/key personnel, and any individual who contributes in a substantive and meaningful way to the scientific development and/or execution of a research and development project. Agencies may also define other individuals as covered persons as appropriate and consistent with their mission. 

    • Are the FTRPs you’re participating in considered “malign”? Be sure to evaluate if any FTRPs you are currently involved in are deemed to be “malign”. Participation in these programs is prohibited and must be terminated before certifying and applying for US research grants. Remember, all FTRPs must be disclosed at the time of application.  

Researchers who apply for US research grants are required to certify that they are not involved in an MFTRP, and they must have a certified status annually for the duration of the grant. Covered individuals are required to declare their involvement in any FTRPs regardless of whether they are malign or not. 

Additional information