Enclosure 1F-Appendix G - Foreign Government Talent Recruitment.docx.docx

“APPENDIX G: CONTRACTOR

FOREIGN GOVERNMENT TALENT RECRUITMENT PROGRAMS

This Appendix applies to R&D or Demonstration contracts, at any tier where the Contractor work within the scope of the subcontract is performed on or at the Laboratory, including Laboratory leased space.

1. With respect to the work being performed under this Contract, the Contractor must utilize due diligence to ensure that neither it nor any of its employees, applicable Contractor employees, working at any level, participate in a Foreign Government Talent Recruitment Program* of a Foreign Country of Risk** while performing work within the scope of the Contract.

1. The Contractor must notify the Laboratory through Jackie Arriaga (arriaga@anl.gov) within 5 business days upon, at any time during the term of the contract, including options and extensions, learning that it or any of its employees, applicable Contractor employees are or are believed to be participants in a Foreign Government Talent Recruitment Program of a Foreign Country of Risk.

1. The Contractor will be notified by the Laboratory whether, based on DOE review, it or any of its employees, applicable Contractor employees or joint appointees, are participants in a Foreign Government Talent Recruitment Program of a Foreign Country of Risk. Following notification by the Laboratory, the Contractor must take appropriate action to ensure that, within 30 days of notification, neither it nor any such employees are participants in a Foreign Government Talent Recruitment Program of a Foreign Country of Risk while performing work within the scope of the Contract.

1. Failure by the Contractor to reasonably ensure that neither it nor any of its employees participate in a Foreign Government Talent Recruitment Program of a Foreign Country of Risk may result in the Laboratory exercising contractual remedies in accordance with federal regulations and the terms of the Contract.

1. The Contractor must flow this provision to R&D or Demonstration subcontracts at any tier where the Contractor’s work within the scope of the Contract is performed on or at a Laboratory site/facility or Laboratory leased space. This provision does not apply to ministerial corporate resource support (e.g., HR, legal, travel personnel, timekeeping personnel, benefits, etc.).

* Foreign Government Talent Recruitment Program. In general, such programs include any foreign-state-sponsored attempt to acquire U.S. scientific-funded research or technology through foreign government-run or funded recruitment programs that target scientists, engineers, academics, researchers, and entrepreneurs of all nationalities working or educated in the United States. These recruitment programs are often part of broader whole-of-government strategies to reduce costs associated with basic research while focusing investment on military development or dominance in emerging technology sectors. Distinguishing features of a foreign government talent recruitment program covered by this Order include:

(1) Compensation provided by the foreign state to the targeted individual in exchange for the individual transferring their knowledge and expertise to the foreign country. The compensation can take several forms, such as cash, research funding, honorific titles, career advancement opportunities, promised future compensation, or other types of remuneration or consideration.

(2) Recruitment in this context refers to the foreign-state-sponsor’s active engagement in attracting the targeted individual to join the foreign sponsored program and transfer their knowledge and expertise to the foreign state. The targeted individual may be employed and located in the U.S., or in the foreign state. Recruitment would not necessarily include any invitation for engagement extended by the foreign state, for example, an invitation to attend or present work at an international conference.

(3) Many, but not all, programs aim to incentivize the targeted individual to physically relocate to the foreign state. Of particular concern are those programs that allow for continued employment at U.S. research facilities or receipt of DOE research funds while concurrently receiving compensation from the foreign state.

** Foreign Country of Risk. Any foreign country determined to be of risk by the DOE. Please contact the Laboratory for the most recent list of countries considered to be a foreign country of risk. Foreign government entities includes country, regional, or local level foreign governments, certain foreign corporations, and foreign public universities.”