Appendix I to Chapter 7—USAID's Academic

Publication Policy

1. Statement of Policy

This is a statement of USAID policy on publication, or release to parties other than those specifically

authorized, of unclassified materials gathered or developed under contracts with academic

institutions.

2. Underlying Principles

USAID favors and encourages the publication of scholarly research as well as the maximum

availability, distribution, and use of knowledge developed in its program.

This policy statement does not deal with material that is classified for security reasons. It does deal

with considerations of national interest, not of sufficient gravity to warrant security classification,

but serious enough to affect adversely the conduct of U.S. assistance programs. Consequently, in

addition to the requirements of courtesy, propriety, and confidence which normally guide scholars in

their work, there should also be consideration of the potential repercussions of publication on the

successful execution of development and other cooperative programs in which the United States and

foreign countries are involved.

3. Operational Definitions

The Agency draws a distinction between two kinds of manuscripts which a scholar may wish to

publish:

(a) A report which is prepared and delivered to the Agency under the terms of the contract (a

“contract manuscript”); and

(b) An article or book based upon experience and information gained under an USAID contract but

not prepared or delivered under the contract (a “non-contract manuscript”).

There are two kinds of actions, to be specified in the contract, which the Agency can take upon

notification of a contractor's desire to publish:

(a) Comment only, under which USAID and the foreign government involved may review the

manuscript, and have their comments considered seriously by the contractor prior to publication;

and

(b) Authorization for release, which USAID may withhold if reconciliation between the national

interest and the author's interest is impossible.

4. Policy Statements

(a) USAID, as a general rule, will not require an academic institution to obtain permission to publish

the written work produced under a contract. It will ask for the opportunity to review the manuscript

for comment only, prior to publication.

In the case of a contract manuscript, USAID reserves the right to disclaim endorsement of the
opinions expressed; if it is a noncontract manuscript, USAID reserves the right to disassociate itself

from sponsorship or publication.

(b) On the other hand, USAID may reserve the right of authorization for release in those exceptional

cases where conditions exist making it reasonably foreseeable, in light of the contract's scope of

work and the manner and place of performance, that the written work to be prepared and delivered

under the contract may have adverse repercussions on the relations and programs of the United

States. Where this right is reserved, it must be so specified in the contract. In determining where to

reserve such right, USAID will consider all relevant factors, including:

(1) The extent to which prompt and full performance of the contract will require access, facilitated

by reason of the contract, to information not generally available to scholars;

(2) The extent to which the work involves matters of political concern to foreign countries,

particularly where any substantial part of the work is to be performed therein;

(3) The extent to which, by reason of USAID's close involvement and cooperation in the performance

of the contract, the work product may be so identified with USAID itself as to prevent effective

disclaimer of USAID endorsement thereof;

(4) The extent to which the objective of the contract is to provide advice to USAID or to a foreign

government of immediate operational significance in the conduct of the USAID program or the

implementation of governmental programs in the host country;

(5) The desires of the host country.

5. Implementation

The successful implementation of this policy on publication rests on a thorough understanding and

acceptance of these principles by USAID and the prospective contractor. The actual publications

provision for a particular contract, then, would be so worded as to reflect the agreement reached in

the contract negotations.

USAID's concern with noncontract manuscripts is related to the identification of a manuscript with

the U.S. Government. This concern will be modified by the passage of time following termination of

the contract.

In the normal case of prepublication review for USAID comment, the institution will submit a copy of

the manuscript not later than the date of submission to the publisher. This gives the Agency time to

comment if it is deemed appropriate. However, in the case of review for authorization, timely

notification of USAID's response will be given, consistent with the size of the manuscript and the

number and location of the parties involved.

The Agency will make every effort to expedite this review procedure in accordance with the

underlying principle described at the beginning of this policy statement.

 (Sec. 621, Pub. L. 87–195, 75 Stat.

445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3

CFR, 1979 Comp., p. 435)

Parent topic: SUBCHAPTER H—CLAUSES AND FORMS