Memoranda of Understanding (MOU)
Learn more about Memoranda of Understanding (MOU)
Commonly, MOUs are agreements between two or more parties that function as a more formal alternative to a verbal or "handshake" agreement but are not intended to be legally binding. In the research community, MOUs often act as a letter of intent to indicate a common interest in pursuing similar research goals or a future partnership; however, such intentions may not have progressed to the point where the parties are prepared to make a formal commitment.
In UCSD’s research context, Memoranda of Understanding (MOUs) are often used to outline areas of mutual interest, encourage collaboration, or set a framework for future discussions. MOUs may be either binding—creating enforceable legal obligations— or non-binding—serving primarily as informal statements of ideas or interest without commitments.
NOTE REGARDING INTERNATIONAL MOUs: UCSD’s Global Initiatives manages unfunded non-binding MOUs with international institutions and partners. These MOUs cover student, faculty, scholar and staff mobility; joint research projects and publications; special short-term programs, workshops and visits; publications, materials and information exchange. virtual classroom and laboratory programs; and research internships. These MOUs can also create a framework for exploring deeper areas of collaborations and/ or to co-apply for funding opportunities. If you would like to develop an international partnership, email Global Initiatives at global@ucsd.edu to learn more and start the process.Signature Authority For MOUs
- Binding research agreements (including binding MOUs): Authorized officers within the Sponsored Projects Office. Submit to SPO for institutional review and signature via Kuali Proposal Development (KR PD).
- Non-Binding MOUs with INTERNATIONAL entities: Authorized officials within Global Initiatives. Start the process by emailing global@ucsd.edu.
- Non-Binding MOUs with DOMESTIC/U.S. entities: Department chairs, deans, or their delegates, subject to departmental policies. Departments may only sign on their own behalf, and cannot sign on behalf of The Regents of the University of California or UC San Diego.
Distinguishing Non-Binding and Binding MOUs
Departments must review the content of the draft document to determine whether it is binding or non-binding, and should not rely on the title (e.g., “Binding MOU” or “Non-Binding MOU”) to make a determination. The table below highlights common contractual topics and provides examples.
| Topic | Non-Binding MOU | Binding MOU |
| Informal statement of ideas | Broad, aspirational goals (e.g., “explore opportunities for collaboration in X field”) | Specific commitments to perform defined activities or deliver outcomes |
| Scope of collaboration | General expressions of intent (“discuss possible joint projects”) | Detailed workplans, responsibilities, or timelines that must be met |
| Funding/financial terms | No exchange of funding | References to budgets, payments, required reimbursements, or cost-sharing |
| Intellectual property (IP) | No mention of IP, or states explicitly that IP is not addressed | References rights to patents, inventions, copyrights, ownership of results, licensing, royalties, or commercialization |
| Liability | No obligations to take on liability | Mentions of indemnification, liability, insurance, warranties, dispute resolution, damages, or attorney’s fees |
| Compliance obligations | None present | Required compliance with laws/regulations, such as export control, human subjects (IRB), animal research (IACUC), HIPAA, data security, or conflict of interest |
| Confidentiality | Silent on confidentiality, or notes that parties may separately enter into a CDA | Contains confidentiality or non-disclosure obligations requiring protection of information |
| Publication | References to intent to publish, including jointly publishing | Contains required timelines for review & comment periods, restrictions or prohibitions on publishing in violation of academic freedom |
| Signatures | May be signed by academic leaders to acknowledge goodwill | Requires institutional or authorized official signature |