Yes, most foreign government talent programs are legal. However, there are ethical concerns of which you should be aware before you agree to participate in one. For instance, some FGTRPs operate with the intent to import or otherwise acquire from abroad, sometimes through illicit means, proprietary technology or software, unpublished data and methods, and intellectual property to further the military modernization goals and/or economic goals of a foreign government. Many, but not all, programs aim to incentivize the targeted individual to relocate physically to the foreign state for the above purpose. Some programs allow for or encourage continued employment at United States research facilities or receipt of Federal research funds while concurrently working at and/or receiving compensation from a foreign institution, and some direct participants not to disclose their participation to United States entities.
If you are considering an FGTRP, ORC&S recommends that you consult with your dean or department head before you sign any documentation. We also recommend that you attach the contract itself and any relevant email correspondence or program documentation to your Financial Conflict of Interest (FCOI) disclosure for our review.
The U.S. Government recognizes that "malign" FGTRPs are poorly defined. To that end, HR 5265 has been introduced in the U.S. House of Representatives, its goal to clearly define and prohibit malign foreign talent recruitment programs. Further information on FGTRPs and other issues related to international risk management can be found in the National Science and Technology Council's Guidance for Implementing National Security Presidential Memorandum (NSPM) 33 on National Security Strategy for United States Government-Supported Research and Development.