People

It is important to think about the people involved in developing and implementing MTAs - especially authorised individuals and the use of third parties.

Authorised individuals

It is  important to consider who is signing an agreement. It is important that the individual is authorised to make all the binding commitments the agreement contains. Whilst the Ministry of Health may often play a leading role in developing and agreeing MTAs, many other government departments could be involved in their implementation. For example, an Environment Ministry might have the delegated authority to control the export of biological resources, which can include disease samples and associated data, or the Border Control and Customs agencies may have specific roles to play in allowing samples and associated data to leave the country. It is vital that those ultimately agreeing to MTAs (and the provisions they contain) are ultimately empowered to do so. Equally, the value of greater inter-agency cooperation and coordination should be noted. It may also be useful to include in an MTA appropriate contact points in these other ministries or agencies to assist ensuring the transfer of materials is as simple and smooth as possible.

Depending on the nature of the MTA it may be appropriate for researchers receiving and using materials to sign an undertaking that they understand the obligations contained in the agreement (in addition to a formal representative of the institution/organization). This is essential as they will be responsible for putting the terms of the agreement into effect and are the parties most likely to find themselves (often unknowingly) in breach.

Third parties

In some cases it may be desirable to include a suitable third party in MTAs to act as a neutral party to ensure negotiation in good faith and an unbiased implementation.

For an exploration of several of these cross-cutting issues, see: Material Transfer Agreements: A University Perspective.