Definitions

• Research Security – safeguarding the research enterprise against the misappropriation of research and development to the detriment of national or economic security, related violations of research integrity and foreign government interference. Source: National Science Foundation.

• Foreign Entity of Concern – a foreign entity that is designated as a foreign terrorist organization; included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control (OFAC) at the Department of Treasury (commonly known as the SDN list); owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation; alleged by DOJ to have been involved in activities for which a conviction was obtained relative to the Espionage Act; Arms Export Control Act; the Atomic Energy Act; Export Control Reform Act; or the International Emergency Economic Powers Act; or determined by the Department of Commerce to be engaged in authorized conduct that is detrimental to U.S. national security or foreign policy. Read more here.

• Foreign Country of Concern – 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 concern by the Department of State. Read more here.

• Malign Foreign Talent Recruitment Program –

  Definition of Malign Foreign Talent Recruitment Program (OSTP 2/2024 per the CHIPS and Science Act)

  “A malign foreign talent recruitment program is:

  • (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;

    • (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. 4001 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. 4001 note; Public Law 115-232).”

• Gift – Includes any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, license, special access, equipment time, samples, research data, or other item having monetary value. A gift also includes services as well gifts of training, transportation, local travel, lodging, meals, research hours, whether provided in-kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has occurred. A gift by definition is given without expectation of anything in return. Read more here.

• Digital persistent identifier (DPI) – means a unique digital identifier that permanently and unambiguously identifies a digital object or an individual. Read more here.

• Foreign Talent Recruitment Program –

  Definition of Foreign Talent Recruitment Program from Office of Science and Technology Policy (OSTP) 2/14/2024.

  Please note that activities involving restricted entities or critical & emerging technologies may include export control issues not considered in the definition below.

  Please contact the Research Security and Export Control office prior to travel to foreign countries of concern (Russia, Iran, China and North Korea) and US sanctioned countries.

  A foreign talent recruitment program is 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.

  Consistent with Section 10632(d) of the CHIPS and Science Act, a foreign talent recruitment program does not include the following international collaboration activities, so long as the activity is not funded, organized, or managed by an academic institution or a foreign talent recruitment program on the lists developed under paragraphs (8) and (9) of Section 1286(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note; Public Law 115-232):

  • 1. Making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law;

  • 2. Participating in international conferences or other international exchanges, research projects or programs that involve open and reciprocal exchange of scientific information, and which are aimed at advancing international scientific understanding and not otherwise controlled under current law;

  • 3. Advising a foreign student enrolled at an institution of higher education or writing a recommendation for such a student, at such student's request; and

  • 4. Engaging in the following international activities:

    • a. Activities that are partly sponsored or otherwise supported by the United States such as serving as a government appointee to the board of a joint scientific fund (e.g., the U.S.- Israel Binational Industrial Research and Development Foundation); providing advice to or otherwise participating in international technical organizations, multilateral scientific organizations, and standards setting bodies (e.g., the International Telecommunications Union, Intergovernmental Panel on Climate Change, etc.); participating in a Fulbright Commission program funded in whole or in part by a host country government; or other routine international scientific exchanges and interactions such as providing invited lectures or participating in international peer review panels.

    • b. Involvement in national or international academies or professional societies that produce publications in the open scientific literature that are not in conflict with the interests of the federal research agency (e.g., membership in the Pontifical Academy of Sciences or The Royal Society).

    • c. Taking a sabbatical, serving as a visiting scholar, or engaging in continuing education activities such as receiving a doctorate or professional certification at an institution of higher education (e.g., the University of Oxford, McGill University) that are not in conflict with the interests of the federal research agency.

    • d. Receiving awards for research and development which serve to enhance the prestige of the federal research agency (e.g., the Nobel Prize).

    • e. Other international activities determined appropriate by the federal research agency head or designee.

• Conflict of interest – means any situation in which an individual, or the individual’s spouse or dependent children, has a significant financial interest, or financial relationship that could directly and significantly affect the design, conduct, reporting, or funding of research. Read more here.

• Conflict of commitment – means any situation in which an individual accepts or incurs conflicting obligations between or among multiple employers or other entities. Many organizational policies define conflicts of commitment as conflicting commitments of time and effort, including obligations to dedicate time in excess of organizational or research agency policies or commitments. Other types of conflicting obligations, including obligations to improperly share information with, or to withhold information from, an employer or research agency, can also threaten research security and integrity, and are an element of a broader concept of conflicts of commitment used in this document. Read more here.

• United States Government supported research and development – includes R&D projects funded by the U.S. Government, in whole or in part; projects that use U.S. Government equipment or facilities for conducting R&D; and R&D projects in which U.S. Government employee and contractor personnel participate, regardless of the project’s funding source. Read more here.