How must we use the Material Transfer Agreement?

To ensure that the MTA is legally watertight and therefore serve its purpose in protecting the germplasm against inappropriate use, we have to follow a strict protocol. The protocol we follow now was established in January 1999 at a meeting of the ICWG-GR (Inter-Centre Working Group on Genetic Resources).

In the interests of transparency, here is the full text of the agreed protocol. In particular, please take note of the list of 6 steps to be followed.

Steps to be taken to implement the new CGIAR System-wide Material Transfer Agreement
At ICW-98, a new Material Transfer Agreement (MTA) for germplasm designated under the agreements with FAO was endorsed and approved for system-wide use. The text of this MTA had previously been discussed with and approved by FAO. This MTA does not require the signature of the recipient of the germplasm. Instead, it utilizes the so-called “software” approach, which binds the recipient to the terms and conditions spelled out in the MTA, provided it can be shown that the recipient had (or should reasonably be expected to have had) knowledge of the MTA and its terms, and provided, of course, that the recipient accepts and retains the material. The key to ensuring the legality and enforceability of the new MTA, thus, lies in making the MTA and its terms well known. It is now understood and agreed that Centres will use only the MTA approved at ICW-98 (and/or the Arabic, Chinese, French, and Spanish language translations provided by FAO) for germplasm designated under the agreements with FAO. All departments and programmes within Centres (inter alia, genebanks, breeding programmes, etc.) are expected and required to use the MTA in all cases where designated germplasm is transferred outside of the Centre itself. The Inter-Centre Working Group on Genetic Resources endorses the following steps to be taken, system-wide, in the use of the approved MTAs covering “designated” germplasm under the agreements with FAO. Whenever feasible, Centres should send a copy of the MTA, drawing attention to its terms, in a letter or email acknowledging receipt of the request for germplasm. This letter should ask that the Centre be notified immediately if the terms are unacceptable, in order to avoid unnecessary and inappropriate shipment of materials. The MTA should be attached to the package of germplasm in such a way that the recipient will have to tear it off to get inside the package and gain access to the materials. (In cases where a shipment contains both designated and non-designated germplasm, a separate notice has been approved for attaching to the outside of the shipment container.) A separate copy of the MTA is to be enclosed in every package of designated germplasm. The MTA will be posted prominently on all Centre web sites, and on the CGIAR web site. Those who request materials through a Centre’s web site, should be led through a screen containing the MTA and then be required to click on a box saying that they have read, understood and agreed to the terms of the MTA. As appropriate, Centres should reference and append the MTA to letters of agreement or contracts which deal in any way with transfers of germplasm. In addition to these steps, each Centre will seek to inform their partners, through a mailing, of the terms of the MTA. ASSINSEL and other seed trade organizations will be notified of the MTA and will be requested to inform their membership. Centres will, as soon as possible, publish a small article containing the text of the MTA in their Centre newsletter. The MTA, in all official FAO languages, will be made available to countries at the next regular session of the FAO Commission on Genetic Resources for Food and Agriculture, and will be highlighted in the CGIAR’s submission to the Commission.
IMPORTANT NOTICE –READ CAREFULLY BEFORE OPENING This package contains germplasm which has been “designated” in an agreement with the Food and Agriculture Organization of the United Nations (FAO). The terms and Conditions on which this “designated germplasm” is being made available to you are set out in the Material Transfer Agreement enclosed with the “designated germplasm.” These terms and conditions have been widely publicized and can also be viewed on our web site http://www.*** This package may also contain germplasm that is not “designated germplasm” but is also covered by a separate Material transfer Agreement enclosed with that germplasm. In accepting the germplasm you are thereby accepting the terms and conditions on which the germplasm is made available in accordance with the respective Material transfer Agreement. If you have any queries regarding the above, please contact ****.