E130 revision log

New policy – May 26, 2026

Update type: New policy
Revision status: Current revision (published May 26)

Comment period:
January 27, 2026: Proposed new policy E130

Revision notes

New proposed Policy E130 "Foreign Talent Recruitment Programs" was drafted to comply with federal regulations and is based on President Stokes’s Memorandum dated July 23, 2024 regarding compliance with all applicable laws and regulations pertaining to Foreign Talent Recruitment Programs.

Revision content

E130: Foreign Talent Recruitment Programs

Approved By: Faculty Senate and UNM President
Effective Date: May 26, 2026
Responsible Faculty Committee: Research Policy Committee
Office Responsible for Administration: Vice President for Research (VPR) and Health Sciences Vice President for Research (HSVPR)

Revisions to the Policy Rationale, Policy Statement, and Applicability sections of this document must be approved by the full Faculty Senate and UNM President.

Applicability

The Policy applies to all members of the University of New Mexico (UNM) community participating in research activities at or on behalf of UNM, who contribute 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, including but not limited to faculty, staff, students, visiting scholars, postdoctoral fellows. We refer to those individuals as ‘’covered individuals,” within this policy as defined by the CHIPS and Science Act 2022.

Policy Rationale

Many countries sponsor Foreign Talent Recruitment Programs (FTRPs) to attract researchers in targeted fields. Many programs utilize legitimate, transparent mechanisms of talent recruitment, including use of research fellowships, student and scholar exchanges, and grants. However, some programs, designated by the federal government as malign foreign talent recruitment programs (MFTRPs), provide direction or levy requirements, including through language in binding contracts, that create conflicts of interest and/or conflicts of commitment for people directly or indirectly involved in research activities; some have been shown to encourage or direct unethical and even criminal behaviors.

To ensure that federal funds are not used to support MFTRPs, federal regulations require covered individuals to disclose all participation in FTRPs and to certify at proposal, and annually for the duration of the award, that they are not a party to a MFTRP. Research Institutions applying for awards will need to certify that covered individuals have been made aware of this requirement.

UNM promotes and conducts research to advance knowledge, enhance student learning experiences, and build its reputation in the scientific community. While UNM endorses the principles of freedom of inquiry and open exchange of knowledge, it is the policy of UNM to comply with all federal laws and regulations, as well as other relevant sponsor requirements. It is UNM’s responsibility to safeguard information and technologies from exploitation. This Policy provides UNM faculty, staff, and students and any other persons participating in research activities at, or on behalf of, UNM, with information on applicable federal regulations and definitions pertaining to FTRPs; UNM’s requirements designed to ensure compliance with applicable laws, regulations and sponsor requirements; and prohibits participation in a MFTRP.

Policy Statement

Participation in FTRPs can involve risks that warrant careful consideration, mitigation, and in some cases complete avoidance. Therefore, all members of the UNM community who are designated as covered individuals by a federal agency:

must disclose all participation in FTRP contracts, agreements, or other similar arrangements:
are prohibited from participating in any MFTRP;
comply with all sponsor policies and certifications regarding MFTRP as they are developed and implemented, and that disclosures are true, complete, and accurate to the best of the covered individual’s knowledge;
certify at proposal submission stage, and annually for the duration of the award, that they are not a party to a MFRTP; and
attend all training required by the Office of Research Integrity and Compliance (ORIC) or HSC Office of Research, only if those trainings are required by the Federal sponsors.

1. Violations

Any individual who suspects a violation of this Policy must report the suspected violation to the ORIC and/or the HSC Office of Research who will refer investigation of the matter to ISD. The investigation procedures in FH Policy C07: Faculty Disciplinary Policy may be used for guidance. Individuals who violate this Policy may be subject to an internal compliance review, which may include reporting to relevant federal agencies. False, fictitious, or fraudulent statements or claims (including omissions) in violation of this Policy may result in criminal, civil, and administrative penalties and/or UNM disciplinary action. Penalties for violations can be quite severe, potentially including large fines and imprisonment and could apply to both individuals and the institution.

Examples of violations include, but are not limited to:

An employee or researcher failing to appropriately disclose participating in an FTRP or MFTRP to OSP or HSC-SPO;
A researcher engaged in federally funded research failing to disclose participation in a MFTRP to the federal sponsor, per federal research agency requirements; or
A researcher engaged in federally funded research participating in an MFTRP, in violation of federal sponsor requirements.

Comprehensive definitions of applicable federal terms are provided in the Definitions section below.

Revisions to the remaining sections of this document may be amended with the approval of the Faculty Senate Research Policy Committee, Faculty Senate Policy Committee, and Operations Committee in consultation with the responsible Faculty Senate Committee listed in Policy Heading.

Procedures

These procedures pertaining to FTRPs and MFTRPs are to be used in conjunction with all sections of this document, including Definitions. It is the responsibility of members of the UNM community to safeguard information and technologies from exploitation as described below.

1. Covered Individuals’ Responsibilities

All UNM Covered Individuals are responsible for:

seeking assistance from the Industrial Security Department (ISD) if a potential Malign Foreign Talent issue occurs,
fully disclosing such participation in a FTRP to the Office of Sponsored Projects (OSP) or HSC Sponsored Projects Office (HSC-SPO); and
complying with federal sponsor policies; and
fulfilling training required by the federal sponsor and offered by the Office of Research Integrity and Compliance (ORIC) or HSC Office of Research; and
refraining from engaging with parties on U.S. government restricted entity lists; and
refraining from participating in MFTRPs.

1.1 Prohibition of Malign FTRP Participation

Participation in a MFTRP is a prohibiting factor for a researcher involved in certain federal funding. Personnel involved in a MFTRP may need to be replaced on projects, or a proposal may be rejected by the federal funding agency. Participation with a Foreign Entity of Concern may result in termination of support from the federal funding agency, and a prohibition from receiving or participating in covered support for a period of not less than one (1) year but not more than ten (10) years.

2. OSP/HSC-SPO Responsibilities

OSP/HSC-SPO is responsible for:

requesting a FTRP review by the UNM Industrial Security Department (ISD) if a covered individual discloses participation in a FTRP; and
certifying that covered individuals have been made aware of this Policy’s requirements.

3. ORIC/HSC Office of Research Responsibilities

ORIC/HSC Office of Research is responsible for:

administering policies for Conflict of Interest and Conflict of Commitment related to UNM research;
administering annual disclosure processes;
including MFTRP as part of Responsible Conduct of Research training; and
referring appropriate cases to the ISD.

4. UNM ISD Responsibilities

The ISD serves as the primary representative and point-of-contact for all UNM foreign related activities. Specifically, ISD is responsible for:

conducting FTRP reviews and MFTRP control reviews;
administering and monitoring the Research Security Program and serving as the central point-of-contact for procedures administered to mitigate risks;
overseeing foreign participation activities to proactively manage compliance;
raising awareness through communication and required trainings, so that faculty and other academic appointees, staff, students, and non-employee participants in UNM programs, especially those conducting work in high-risk areas, can identify activities that may have foreign influence implications and seek guidance from subject experts;
investigating any known or suspected export control or foreign influence violations; and
creating and implementing an MFRTP evaluation process according to federal guidelines to mitigate the severity of any fines or penalties that might be imposed.

4.1 UNM Research Security Program

The purpose of the Research Security Program, coordinated by ISD, is to provide oversight to help UNM research community understand their responsibility for compliance and to manage foreign influence-related decisions and transactions to ensure compliance with applicable laws and regulations. Key elements of the Research Security Program are:

cybersecurity;
foreign travel security;
research security training; and
export control training.

Some examples:

Identification of research activities with the greatest risk;
Risk assessment of employees who are participants in FRTPs;
Documentation of risk assessment procedures and results;
Foreign Influence training for individuals based on expected roles at UNM;
Procedures for investigating and addressing a problem;
Regular audits of research policies and procedures to ensure they are being followed and follow applicable laws and regulations; and
Audits of selected research activities based on the sensitivity of the involved technology and existing government recommendations.

4.2. ISD Research Security Officer

Research Security Officer is responsible for analysis of foreign programs or sponsorship activities to ensure compliance with laws and regulations.

Definitions

Covered Individual. As defined in the CHIPS and Science Act.

The term “covered individual” means an individual (faculty, student, postdoctoral fellow, staff) who:

(A) 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

(B) is designated as a covered individual by the federal research agency concerned.

Export. The transfer of products, technology or services from the United States to another country or to foreign persons within the United States. This includes Deemed Exports which include the transfer of technology, including articles, information, data or use of equipment that has certain export restrictions, to a foreign national in the US.

Foreign Country of Concern. Any country determined to be a country of concern by the Department of State. For the most current list, refer to:
https://www.state.gov/countries-of-particular-concern-special-watch-list-countries-entities-of-particular-concern/

Foreign Entity of Concern. As defined in the CHIPS and Science Act.

(A) “The term “foreign entity of concern” means a foreign entity that is— designated as a foreign terrorist organization by the Secretary of State under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a));

(B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the SDN list);

(C) owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation (as such term is defined in section 4872 of title 10, United States Code);

(D) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under—

(i) chapter 37 of title 18, United States Code (commonly known as the Espionage Act);

(ii) section 951 or 1030 of title 18, United State Code;

(iii) chapter 90 of title 18, United State Code (commonly known as the Economic Espionage Act of 1996);

(iv) the Arms Export Control Act (22 U.S.C. 2751 et seq.);

(v) The Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); or

(vi) The International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or

(E) Determined by the Secretary of Commerce, in consultation with the Secretary of Defense and the Director of national Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States.

Foreign Person. Any natural person who is not a lawful permanent resident of the United States, citizen of the United States, or any other protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any corporation, business association, partnership, trust, society or any other entity or group that is not incorporated in the United States or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of a foreign government.

Foreign Talent Recruitment Program (FTRP). As defined by the CHIPS and Science Act.

Effort organized, managed, or funded by a foreign government, or a foreign government instrumentality or entity, to recruit science and technology professionals or students (regardless of citizenship or national origin, or whether having a full-time or part-time position).

Malign Foreign Talent Recruitment Program (MFTRP). As defined by the CHIPS and Science Act.

A MFTRP exists if the arrangement is as described in Section A below, and has at least one factor from Section B below and at least one factor from Section C below.

Section A. Definition:

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.

Section B Problematic Obligations/Activities

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.

Section C Problematic Sponsorship

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);

(iii) or 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).

Acronyms

FTRP - Foreign Talent Recruitment Programs

MFTRP - Malign Foreign Talent Recruitment Programs

COI - Conflict of Interests

COC - Conflict of Commitments

ISD - Industrial Security Department

OSP - Office of Sponsor Research

HSC - Health Science Center

SPO - Sponsor Project Office

ORIC - Office of Research & Compliance

Contacts

Direct any questions about this policy to the UNM Industrial Security Department.

Who Should Read This Policy

Faculty, postdoctoral fellows, students and staff conducting research.

Members of the Faculty Senate and the Research Policy Committees.

Academic deans or other executives, department chairs, directors, and managers.

Administrative staff responsible for research management.

Any other persons participating in research activities at or on behalf of UNM