Dear Colleagues,

MSU and universities across the country are seeing an increase in monitoring, and at times confiscation, of international research-related shipments by federal agencies, such as U.S. Customs and Border Protection and Homeland Security.You may have read about two recent cases of researchers at Harvard and Michigan who were apprehended and criminally charged with undeclared research materials by U.S. Customs and Border Protection. These cases have also led to federal investigations of the university’s role and opened up broader inquiries into potential vulnerabilities at each university.

Given the heightened law enforcement environment, we want to remind researchers to follow MSU processes when shipping and receiving materials, data, software, and equipment. As a reminder, it is strongly recommended to use a Material Transfer Agreement or Data Use Agreement to transfer materials and data to research collaborators. MSU faculty, students and staff should utilize the following best practices prior to importing or exporting materials, data, software or equipment:

1. Reach out to MSU’s Office of Export Control and Trade Sanctions (ECTS) at export@msu.edu to run restricted party screening for imports and exports, and to run export classifications of materials, data, software and equipment, prior to shipping internationally.
2. Utilize a Material Transfer Agreement (MTA) or Data Use Agreement (DUA) to transfer materials, data or software to or from research collaborators. Contact MSU Technologies at cdamta@msu.edu to put an agreement in place prior to shipping or receiving.
3. Utilize MSU’s Office of University Procurement and Logistics shipping office at IPF.DL.mailservices@msu.edu whenever possible for international, research-related shipments.

MSU Technologies (MSUT) is available to work with you to draft, negotiate and execute a Material Transfer Agreement (MTA), Data Use Agreement (DUA) or Non-disclosure Agreement (NDA or CDA) when transferring materials, data, software or confidential information to or from a research collaborator. These agreements outline the purpose of the transfer, and any limitations associated with the use of the transferred property or information. Most third parties will require these agreements and MSUT manages agreements for both incoming and outgoing transfers. The online portal through which you can request an agreement, as well as review general information, can be found at https://innovationcenter.msu.edu/tech-transfer-commercialization/faculty-researchers/forms/mta-cda-dua/

By following these guidelines, you help protect yourself and your students from potential harm while supporting MSU’s efforts to maintain compliance and safety.

Thank you,

Douglas A. Gage, Ph.D.
Vice President for Research and Innovation