Original Issuance Date: April 1, 2025
Last Revision Date: April 1, 2025
1. Policy Purpose
The purpose of this policy is to prohibit participation by University of Wisconsin System employees in Malign Foreign Talent Recruitment Programs and to notify employees of their obligation to disclose participation in Foreign Talent Recruitment Programs if they meet the definition of a “covered individual” as that term is defined by federal research funding agencies.
2. Responsible UW System Officer
Chief Compliance and Risk Officer
3. Scope and Institutional Responsibilities
This policy affects all employees of the University of Wisconsin System, excluding UW-Madison.
Institutions shall develop their own procedures in addition to the required Outside Activity Report (OAR) to operationalize this System policy. Institutions may develop policies that include additional requirements, but minimum requirements of this policy must be met. Institutions are also encouraged to develop guidance to support the policy and its procedures.
4. Background
The Chips and Science Act requires federal research funding agencies to establish policies that require covered individuals to disclose all participation in foreign talent recruitment programs (FTRPs) and to certify at proposal, and annually for the duration of the award, that they are not a party to a malign foreign talent recruitment program (MFTRP). As of August 9, 2024, the Department of Defense (DoD) released Countering Unwanted Foreign Influence in Department-funded Research at Institutions of Higher Education, that includes a Policy for Risk-Based Security Reviews of Fundamental Research and associated Decision Matrix. Under this policy, the DoD will deny funding if the proposing institution does not have a policy prohibiting participation in a MFTRP.
5. Definitions
Per the CHIPS and Science Act:
Covered Individual: An individual who contributes in a substantive, meaningful way to the scientific development or execution of a research and development project proposed to be carried out with a research and development award from a Federal research agency, and; designated as a Key Personnel or Covered Individual by the Federal research agency concerned.
Foreign Talent Recruitment Program (“ FTRP ”): 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.
Institutional Authorized Organizational Representative (“ AOR ”): An AOR is an individual, designated by the institution, who has the authority to sign off on or submit proposals, grant applications, or other official documents on behalf of the institution. They also have the authority to enter the institution into agreements. The AOR is responsible for ensuring that all submissions comply with the institution’s policies, funding agency’s requirements, and the CHIPS Act. They often act as a liaison between the organization and the funding agency, and they have the authority to sign documents that bind the institution to the terms and conditions of the funding.
The AOR plays a critical role in overseeing the institutional approval process for grant submissions, ensuring the accuracy and completeness of the proposal, and representing the institution in any official capacity related to grants or other funding opportunities (essentially providing approval on any submissions related to external funding). UW Institutions have autonomy in establishing who their AOR is.
Malign Foreign Talent Recruitment Program (“ MFTRP ”):
(A) 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 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 intellectual property, materials, data products, or other nonpublic information owned by a United States entity or developed with a Federal research and development award to the government of a foreign country or an entity based in, funded by, or affiliated with a foreign country regardless of whether that government or entity provided support for the development of the intellectual property, materials, or data products;
ii. being required to recruit trainees or researchers to enroll in such program, position, or activity;
iii. establishing a laboratory or company, accepting a faculty position, or undertaking any other employment or appointment in a foreign country or with an entity based in, funded by, or affiliated with a foreign country if such activities are in violation of the standard terms and conditions of a federal research and development award;
iv. being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;
v. through funding or effort related to the foreign talent recruitment program, being limited in the capacity to carry out a research and development award or required to engage in work that would result in substantial overlap or duplication with a federal research and development award;
vi. being required to apply for and successfully receive funding from the sponsoring foreign government’s funding agencies with the sponsoring foreign organization as the recipient;
vii. being required to omit acknowledgment of the recipient institution with which the individual is affiliated, or the Federal research agency sponsoring the research and development award, contrary to the institutional policies or standard terms and conditions of the Federal research and development award;
viii. being required to not disclose to the Federal research agency or employing institution the participation of such individual in such program, position, or activity; or
ix. having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award; and
(B) A program that 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; For the Act, this “means the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, the Islamic Republic of Iran, or any other country determined to be a country of particular concern by the Department of State”.
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).
6. Policy Statement
A. The University of Wisconsin System prohibits participation in malign foreign talent recruitment programs.
B. The University of Wisconsin System requires that Covered Individuals comply with all sponsor policies and certifications regarding MFTRPs as those policies are developed and implemented, and that disclosures are true, complete, and accurate to the best of the covered individual’s knowledge. This includes:
I. Up-to-date OAR Certification at proposal, and annually for the duration of the award, that they are not a party to a MFRTP.
II. Disclosure of all participation in FTRP contracts, agreements, or other arrangements.
C. Annually, all employees of the University of Wisconsin System subject to ch. UWS 8 and all Covered Individuals must affirm on an OAR that they do not participate in a MFTRP; and that they are aware of their obligations to report participation in MFTRP and/or FTRP to their research sponsor agency as required by the sponsor agency’s policies and this administrative policy. Covered individuals must consult with the funding agency and/or their campus extramural grant staff to confirm compliance with their funding agency’s certification and recertification requirements.
D. An institutional “AOR” must certify that each “covered individual” listed in a federal funding proposal is not party to a malign foreign talent recruitment program, and that “covered individuals” have been made aware of the requirements set forth in this policy.
7. Related Documents
UW System Administrative Policy 1290, Code of Ethics
8. Policy History
First approved: April 1, 2025
9. Scheduled Review
February 2030