International Agreements & Research Security (MTA/NDA/CDA's)
Overview
When entering into Material Transfer Agreements (MTAs), Data Transfer Agreements (DTAs), Confidentiality Agreements (CDAs), or Nondisclosure Agreements (NDAs) with any foreign person or entity, it’s essential to consider both research integrity and federal compliance.
These agreements often involve the exchange of sensitive materials, data, or proprietary information that may be subject to U.S. export control laws.
Why It Matters
Engaging with international collaborators—whether through sharing research materials, transferring data, or protecting confidential discussions—can trigger regulatory requirements under the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), or OFAC sanctions. Failure to comply can result in serious legal and reputational consequences for both the researcher and the university.
- Export Control Review Before any agreement is finalized, the Research Security Office will assess whether the activity involves controlled technologies, data, or parties. This includes screening foreign collaborators against federal restricted party lists.
- Agreement Negotiation
- The Office of Sponsored Projects (OSP)will review and negotiate agreements related to active or anticipated sponsored research projects.
- The Technology Licensing Office (TLO) handles agreements not tied to sponsored projects, such as preliminary discussions or independent research collaborations. Both offices follow established intake policies to determine the appropriate agreement type and required approvals.
- Institutional Oversight Agreements involving human subject data or biospecimens may also require IRB review to ensure consistency with consent and regulatory requirements.
- Protecting University Interests These agreements define ownership, use rights, publication terms, and confidentiality obligations. They help safeguard the university’s intellectual property and ensure compliance with federal and institutional policies.
- Start Early: Contact OSP or TLO as soon as you anticipate an international collaboration.
- Be Transparent: Disclose the nature of the materials, data, or information to be shared.
- Ask for Help: The Research Security Office is here to guide you through export control reviews and risk assessments.