Scenario 2 - Participation in foreign talent and recruitment programs

Disclaimer: This scenario is not comprehensive of all risks and best practices. This case study represents a certain scenario for general application of research security principles and can be used as a resource for training, exercises and presentation, etc. The names, events and other details of this scenario are created for educational purposes and do not represent any particular event.

Scenario 2

Fictional scenario

  • Carlos is a Canadian professor and a recipient of Government of Canada research funding who is approached by a foreign university to become an adjunct professor in his field of expertise. They require that Carlos sign an agreement to publish a quota of papers with their university. Additionally, the foreign institution requires him to recruit a set number of students from their institution at his home Canadian institution.
  • The foreign university offers to cover all of Carlos’ travel costs, accelerate the obtainment of a visa and pay him to deliver lectures and participate in research projects for three months per year during the Canadian summer semester.
  • Carlos accepts the position. He arrives in the summer and begins lecturing at the foreign university. As he is not active at his home university while working on different research projects at the foreign host university, he does not feel as though his work constitutes a conflict of interest. He does not tell relevant personnel at his home university about the new position. Carlos is also coached by the foreign institution on how to describe his involvement with them if asked about it by his home institution.

Risks in this scenario

Caption text
Risky practices Possible consequences
Agreeing to restrictive employment contract clauses, directing student recruitment, and facilitating partnerships
  • Required publishing quotas can harm both the researcher’s and home university’s reputation by restricting the ability to withdraw from the affiliation if the foreign university later becomes of concern.
  • Agreements requiring specific student recruitment can lead to a loss of institutional autonomy and have ramifications for a research project’s security.
  • Laws in a foreign state can differ from Canada and certain clauses could be legally binding even if they are not legal in Canada.
Duplication of research work, unwanted knowledge transfer and ability to publish
  • Duplication of research would hamper Carlos’ or the home research team's ability to publish and significantly reduce the potential for commercialization.
  • Depending on the type of research required, there could be attempts by the foreign university to influence or gain unauthorized access to proprietary information, leading to the unwanted transfer of knowledge, which could harm national security.
  • If Carlos receives funding from the foreign institution for teaching or for research activities that are already funded by his home university, this could lead to financial repercussions from his institution and further consequences for future funding arrangements if it is determined that Carlos breached ethical or contractual requirements.
Working for another institution without informing your home university
  • May present a violation of the Canadian university’s policies, such as but not limited to conflict of interest, academic ethics, and lack of transparency. At a minimum, the Canadian university should be informed such that a determination of any breaches can be made. Failure to comply could result in disciplinary actions or termination of employment at a home university.
  • Failure to disclose foreign affiliations and funding may be considered a breach of the Tri-Agency Framework on the Responsible Conduct of Research. The failure to disclose could be accompanied by a range of sanctions, including ineligibility for future federal funding opportunities.
  • Possible infringement of Canadian laws could lead to legal repercussions. If the research projects at the Canadian institution involve industry research partners, this may also constitute a breach of contract with the research partner.

Risk mitigation

Best practices checklist – Researchers

Before agreeing to a Foreign Talent and Recruitment Program offer:

  • DO consult your home institution on the offer and ensure compliance with institutional policies. Your home institution can offer guidance on its policies regarding employment at other universities and whether you can use work produced at your home institution while abroad.
  • DO conduct initial open-source due diligence on the program itself to familiarize with its reputation and whether other reputable affiliations with other research institutions exist.
  • DO discuss the recruitment offer with any third-party partners on your ongoing research projects to ensure you are not in breach of any agreements.
  • DO consult the foreign university about the expectations of the position and have a clear agreement about the production and ownership of your work on projects at the Canadian university and the foreign university.
  • DO consult your home institution on the terms and conditions of affiliation and employment at other institutions.
  • DO verify if this affiliation falls within ineligible conditions under the Policy on Sensitive Technology Research and Affiliations of Concern and inform funders as applicable under the policy.
  • DON’T agree to any contracts or sign documents pertaining to an offer from an institution if the contract includes restrictive clauses that could impact your research. If the contract offered by the foreign institution is not standard, you can have it examined by a lawyer or by other authorities.

Best practices checklist – Post-secondary institutions

  • DO make researchers and faculty aware of the requirements to declare affiliations and appointments with other universities.
  • DO provide guidance on Foreign Talent and Recruitment Programs and information on a researcher’s rights and responsibilities if they participate in such programs.
  • DO provide guidance and information, including seeking legal counsel, on employment contracts and train researchers to identify suspect or problematic clauses.

Additional resources

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