Material Transfer Agreements (MTA) involving export of material from India should include the below clause. The Term ‘Partner County’ to be replaced with the name of the proposed country.
“The parties agree to comply with Partner County and Indian export control laws and regulations pertaining to the export of technical data, services and commodities. The Partner County Recipients understand that sharing controlled technical data with non- Partner County persons is an export to that person’s country of citizenship that is subject to Partner County export laws and regulations, even if the transfer occurs in the Partner County. Partner County Recipients or Indian provider will obtain any necessary Partner County government or Indian government license or other authorization required pursuant to the Partner County or Indian export control laws and regulations for the export or re-export of any commodity, service or technical data covered by this Agreement, including technical data acquired from Provider pursuant to this Agreement and products created as a result of that data".