A Material Transfer Agreement (MTA) is a contract that governs the transfer of tangible research materials between two organizations, when the recipient intends to use it for his or her own research purposes.
The MTA defines the rights of the provider and the recipient with respect to the materials and any derivatives. Biological materials, such as reagents, cell lines, plasmids, and vectors, are the most frequently transferred materials, but MTAs may also be used for other types of materials, such as chemical compounds and even some types of software.
As a general rule, UNO requires MTAs for any incoming or outgoing materials in order to monitor what materials are coming on campus, and what materials (and to whom) UNO is supplying.
Faculty members coming to or leaving UNO need to have an MTA in place prior to transferring any materials from/to other institutions such as plasmids, cell lines, animals, etc.
Material Transfer Agreement document
Typically, for incoming materials, the entity sending out the material will require the use of its own MTA form. For the purpose of outgoing material transfers, UNO has standard MTA agreements to cover these materials. Whether the material is incoming or outgoing, agreements of this type are negotiated by OSP contract specialists.
Incoming Material Transfer Agreement
An incoming MTA protects a researcher's ability to use and publish research, any existing and potential intellectual property and define the use of any accompanying confidential information. The review of an incoming MTA ensures the agreement terms don't conflict with rights granted in other agreements associated with the research.
Outgoing Material Transfer Agreement
MTAs for outgoing material typically prevent the material provider from losing control over the material and its research use. If no agreement exists, then the recipient of the material has no legal restrictions on the use of the material, or on transferring the material.
Compliance Review
MTAs (incoming and outgoing) must undergo a compliance review to ensure that the appropriate compliance protocols are in place for:
- Live animals - Institutional Animal Care and Use Committee (IACUC).
- Human tissue and/or data - Compliance with 45 CFR 46 (and all other applicable federal regulations), and, if required, have protocol(s) reviewed and approved by the Institutional Review Board (IRB).
- Hazardous materials - Biosafety compliance and, if applicable, have protocol(s) reviewed and approved by the Institutional Biosafety Committee (IBC).
- Conflict of Interest (COI) – Review needed where the decision to undertake the research is based on receiving access to the material(s) from a non-governmental or industrial provider must follow Committee requirements for financial disclosure.
Other Considerations
- Sending/receiving live (vertebrate) animals
- All animal orders are processed through Animal Care and Use Program (ACUP) and require an approved IACUC protocol.
- Sending/receiving animals by incoming and outgoing Faculty (transfer of animals)
- Sending/receiving animals from/to collaborators or other institutions (unless as part of a subaward and already covered in the terms of the agreement)
- The PI has contracted with a vendor to generate a new animal model.
- Please check with the IACUC office before executing the contract as there are some requirements set by OLAW when using PHS funds for these services.
Transferring Export Controlled Material
Under U.S. export control laws, a license may be required from the Bureau of Industry and Security or the Department of Commerce for the export of certain materials.
Examples of such materials include:
- human pathogens
- zoonoses
- toxins
- animal pathogens
- genetically modified microorganisms
- plant pathogens
- radioactive materials
- magnetic metals
- propellants
- ceramic materials
Anyone who is planning to transfer materials controlled by the Department of Commerce or the Department of State outside the United States should work with the UNO Research Compliance director, researchcompliance@unomaha.edu to obtain the required license.
There are civil and criminal penalties for violating the Export Administration Regulations.