RAA7. REPORTING HOST GOVERNMENT TAXES (JUNE 2012)
APPLICABILITY: This provision is only applicable if a host country tax may possibly be
charged on items specifically listed as or in milestones in agreements that obligate or
subobligate FY 2003 or later funds except for agreements funded with Operating
Expense, Pub. L. 480 funds, or trust funds, or agreements where there will be no
commodity transactions in a foreign country over the amount of $500.
Please insert address and point of contact at the Embassy, Mission, or M/CFO/CMP as
appropriate under section (b) of this provision.
REPORTING HOST GOVERNMENT TAXES (JUNE 2012)
a. By April 16 of each year, the recipient must submit a report containing:
(i) Contractor/recipient name.
(ii) Contact name with phone, fax and e-mail.
(iii) Agreement number(s).
(iv) The total amount of value-added taxes and customs duties (but not sales
taxes) assessed by the host government (or any entity thereof) on
purchases in excess of $500 per transaction of supplies, materials, goods
or equipment, during the 12 months ending on the preceding September
30, using funds provided under this contract/agreement.
(v) Any reimbursements received by April 1 of the current year on valueadded taxes and customs duties reported in (iv).
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Text highlighted in yellow indicates that the material is new or substantively revised.
(vi) Reports are required even if the recipient did not pay any taxes or receive
any reimbursements during the reporting period.
(vii) Cumulative reports may be provided if the recipient is implementing more
than one program in a foreign country.
b. Submit the reports to: [insert address and point of contact at the Embassy,
Mission, or M/CFO/CMP as appropriate, may include an optional “with a copy
to”].
c. The recipient must include this reporting requirement in all applicable subawards
and contracts.
[END OF PROVISION]
RAA8. PATENT RIGHTS (JUNE 2012)
APPLICABILITY: This provision is applicable to awards to small business firms or
nonprofit organizations for the performance of experimental, developmental, or research
work funded in whole or in part with USAID funds.
PATENT RIGHTS (JUNE 2012)
a. Patent Rights
(1) Allocation of Principal Patent Rights. The recipient may retain the entire
right, title, and interest throughout the world to each subject invention,
subject to this provision. With respect to any subject invention in which the
recipient retains title, the U.S. Government must have a nonexclusive,
nontransferable, irrevocable, paid-up license to practice or have practiced
for or on behalf of the U.S. Government the subject invention throughout
the world, and to sublicense others to do the same. The recipient agrees
to include, within the specification of any United States patent application
and any patent issuing thereon covering a subject invention, the following
statement: "This invention was made with U.S.
Government support under
(identify the agreement awarded by USAID). The U.S. Government has
certain rights in this invention."
(2) Definitions. For purposes of this provision, the following terms will have
the following meaning:
(i) “Invention” means any invention or discovery which is or may be
patentable or otherwise protectable under Title 35 of the United
States Code.
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Text highlighted in yellow indicates that the material is new or substantively revised.
(ii) “Subject invention” means any invention of the recipient conceived
or first actually reduced to practice in the performance of work
under this award.
(3) The recipient must disclose each subject invention to the National
Institutes of Health (NIH) EDISON Patent Reporting and Tracking System
(http://www.iedison.gov) within two months after the inventor discloses it
in writing to recipient personnel responsible for patent matters. In addition,
the recipient agrees to submit, on request, periodic reports to the
Agreement Officer’s Representative, no more frequently than annually, on
the utilization of a subject invention.
(4) Conditions When the U.S. Government May Obtain Title. The recipient
must convey title to any subject invention to USAID, upon written request,
subject to recipient’s retention of a nonexclusive, royalty-free license
throughout the world, in each subject invention:
(i) If the recipient fails to file a U.S. patent application or to disclose
the subject invention to USAID at least 60 days prior to the
statutory period for filing a patent in the United States, fails to file
any non-U.S. patent applications within either ten months of the
corresponding initial patent application or six months from the date
permission is granted by the Commissioner of Patents and
Trademarks to file foreign patent applications, or elects not to retain
title.
(ii) In any country in which the recipient decides not to continue the
prosecution of any application for, to pay the maintenance fees on,
or defend in reexamination or opposition proceeding on a patent on
a subject invention.
b. Subawards and Contracts: Recipient must include this the Standard Provision,
suitably modified to identify the parties, in all subawards and contracts,
regardless of tier, for experimental, developmental, or research work to be
performed by a small business firm or nonprofit organization. The recipient must
retain all rights provided for the USG in this the Standard Provision, and the
recipient must not, as part of the consideration for awarding the contract or
subaward, obtain more rights in the contractor's or subrecipient's subject
inventions than provided in this provision.
