Joint Venture Agreements - Agency General Terms and Conditions

  1. International Air Travel and Transportation
  2. International Travel and the Fly America Act
  3. Investment Promotion
  4. Nondiscrimination in International Programs
  5. Regulations Governing Employees
  6. Security Issues
  7. Agriculture Bioterrorism Protection Act
  8. Animal Welfare Act
  9. Invention Disclosure and Utilization Reporting
  10. Metric System of Measurement
  11. Protection of Human Subjects
  12. Recombinant DNA Research
Provision Title Agency GT&C Provisions – Conditional Outside U.S. Activities JV Instructions

International Air Travel and Transportation

(a) In accordance with OMB Cost Principles, direct charges for foreign travel costs are allowable only when each foreign trip has received prior budget approval by the PM. Such approval will be deemed to have been met when:
(1) The trip is identified. Identification is accomplished by providing the following information: the number of trips, the number of individuals per trip, and the destination country(s);
(2) The information noted at (1) above is incorporated in: the Cooperator’s project narrative, or mutually agreed amendments to this Joint Venture Agreement; and
(3) The costs related to the travel are incorporated in the Cooperator’s revised budget, or in a subsequently approved budget to this Joint Venture Agreement.
(b) Post award approval may be allowed, but only if the Grants Management Officer approves the travel, in writing.
Applies to JVs that take place outside the U.S.

International Travel and the Fly America Act

The Fly America Act (49 U.S.C. 40118) requires that all air travel and shipments under this Joint Venture Agreement must be made on U.S. flag air carriers to the extent service by such carriers is available or reasonably available, as applicable. The Administrator of the General Services Administration (GSA) is authorized to issue regulations to implement the Act. Those regulations may be found at 41 CFR Part 301, and are hereby incorporated by reference into this Joint Venture Agreement. Applies to JVs that take place outside the U.S.

Investment Promotion

(a) No funds or other support provided hereunder may be used in a project or activity reasonably likely to involve the relocation or expansion outside of the United States of an enterprise located in the United States if non-U.S. production in such relocation or expansion replaces some or all of the production of, and reduces the number of employees at, said enterprise in the United States.
(b) No funds or other support provided hereunder may be used in a project or activity the purpose of which is the establishment or development in a foreign country of any export processing zone or designated area where the labor, environmental, tax, tariff, and safety laws of the country would not apply, without the prior written approval of FAS.
Applies to JVs that take place outside the U.S.

Nondiscrimination in International Programs

No U.S. citizen or legal resident shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity funded by this Joint Venture Agreement on the basis of race, color, national origin, age, handicap, or sex. Applies to JVs that take place outside the U.S.

Regulations Governing Employees

(a) The Cooperator’s employees shall maintain private status and may not rely on local U.S. Government offices or facilities for support while under this Joint Venture Agreement.
(b) The Cooperator's employees, while in a foreign country, are expected to show respect for its conventions, customs, and institutions, to abide by its applicable laws and regulations, and not to interfere in its internal political affairs.
(c) In the event the conduct of any of the Cooperator’s employees is not in accordance with the preceding paragraphs, the Cooperator's chief of party shall consult with the employee involved and the FAS Program Manager shall recommend to the Cooperator a course of action with regard to such employee.
(d) The parties recognize the rights of the U.S. Ambassador to direct the removal from a country of any U.S. citizen or the discharge from this Joint Venture Agreement of any third country national when, in the discretion of the Ambassador, the interests of the United States so require.
(e) If it is determined, either under (c) or (d) above, that the services of such employee should be terminated, the Cooperator shall use its best efforts to cause the return of such employee to the United States, or point of origin, as appropriate.
Applies to JVs that take place outside the U.S...

Security Issues

(a) The Cooperator is encouraged to obtain the latest Department of State Travel Advisory Notices before traveling. These Notices are available to the general public and may be obtained directly from the State Department or via Internet. Where security is a concern in a specific region, Cooperators may choose to notify the US Embassy of their presence when they have entered the country. This may be especially important for long-term posting.
(b) If security issues are affecting the Cooperator’s ability to meet timelines and/or to substantially accomplish the goals and objectives established under this Joint Venture Agreement, then the Cooperator must contact FAS immediately.
Applies to JVs that take place outside the U.S.
Provision Title Agency GT&C Provisions – Conditional Research and Related Assurances JV Instructions

Agriculture Bioterrorism Protection Act

The Cooperator assures compliance with the Agriculture Bioterrorism Protection Act of 2002, as implemented at 7 CFR part 331 and 9 CFR part 121, by agreeing that it will not possess, use, or transfer any select agent or toxin without a certificate of registration issued by the Agency. Applies to all JVs.

Animal Welfare Act

The Cooperator assures compliance with the Animal Welfare Act, as amended, 7 U.S.C. 2131, et seq., and the regulations promulgated there under by the Secretary of Agriculture (9 CFR, Subchapter A) pertaining to the care, handling, and treatment of warm-blooded animals held or used for research, teaching, or other activities supported by Federal funds. The Cooperator may request registration of facilities and a current listing of licensed dealers from the Regional Office of the Animal and Plant Health Inspection Service (APHIS), USDA, for the Region in which their facility is located. The location of the appropriate APHIS Regional Office, as well as information concerning this requirement, may be obtained by contacting the Senior Staff Officer, Animal Care Staff, USDA/APHIS, 4700 River Road, Riverdale, Maryland 20737. Applies to all JVs when research, teaching, or other activities are anticipated.

Invention Disclosure and Utilization Reporting

The Cooperator shall report Invention Disclosures and Utilization information electronically via i-Edison Web Interface at: www.iedison.gov. Applies to all JVs when research activities are anticipated.

Metric System of Measurement

Wherever measurements are required or authorized, they must be made, computed, and recorded in metric system units of measurement, unless otherwise authorized by the FAS Program Manager in writing when it has found that such usage is impractical or is likely to cause United States firms to experience significant inefficiencies or the loss of markets. Where the metric system is not the predominant standard for a particular application, measurements may be expressed in both the metric and the traditional equivalent units, provided the metric units are listed first. Applies to all JVs involving research and/or publications.

Protection of Human Subjects

The Cooperator assures compliance with the following provisions regarding the rights and welfare of human subjects:
(a) The Cooperator is responsible for safeguarding the rights and welfare of any human subjects involved in research, development, and related activities supported by this Joint Venture Agreement. The Cooperator may conduct research involving human subjects only as prescribed in the statement of work and as approved by the Cooperator’s Cognizant Institutional Review Board.
Prior to conducting such research, the Cooperator shall obtain and document a legally sufficient informed consent from each human subject involved. No such informed consent shall include any exculpatory language through which the subject is made to waive, or to appear to waive, any of his or her legal rights, including any release of the Cooperator or its agents from liability for negligence.
(b) The Cooperator agrees to comply with U.S. Department of Health and Human Services’ regulations regarding human subjects, appearing in 45 CFR part 46 (as amended).
(c) It will comply with FAS policy, which is to assure that the risks do not outweigh either potential benefits to the subjects or the expected value of the knowledge sought.
(d) Selection of subject or groups of subjects shall be made without regard to sex, race, color, religion, or national origin unless these characteristics are factors to be studied.
Applies to all JVs when research, development and related activities are anticipated.

Recombinant DNA Research

The Cooperator assures that it will assume primary responsibility for implementing proper conduct on recombinant DNA research and it will comply with the National Institute of Health Guidelines for Recombinant DNA Research, as revised.

If the Cooperator wishes to send or receive registered recombinant DNA material which is subject to quarantine laws, permits to transfer this material into the U.S. or across state lines may be obtained by contacting USDA/APHIS/PPQ, Scientific Services— Biotechnology Permits, 4700 River Road, Unit 133, Riverdale, Maryland 20737. In the event that the Cooperator has not established the necessary biosafety committee, a request for guidance or assistance may be made to the USDA Recombinant DNA Research Officer.
Applies to all JVs when DNA research is anticipated.