The NIST Organic Act was amended in 1972 and one of the provisions of the amendment, Public Law 92-317, authorizes NIST to perform services for government agencies, organizations, and individuals of friendly foreign countries.  Although the law is broadly written, it does require that NIST exercise these functions in coordination with other government agencies and “in particular the Department of State in respect to foreign entities.”

The Office of International and Academic Affairs (OIAA) takes the necessary coordinating steps with the Department of State or other federal agencies.  A “friendly country” is one with whom the United States Government maintains diplomatic relations.  Services with entities in foreign countries are to be provided selectively when they are essential to U.S. objectives.  NIST does not extend its services automatically to foreign countries.  Services to entities in foreign countries are subject to applicable export control laws.

The Director of OIAA is responsible for determining when a request for a calibration service may be honored.  Legal questions are referred to the Counsel for NIST.  It should be made clear during negotiations that approval of requests for calibration services from foreign sources is not routinely granted and is handled on an individual basis. Prepayment is required for all NIST charges.  Prior to beginning calibration work for a foreign entity, a division must check with MSD, which will obtain the necessary clearance from OIAA.  The division shall fax a copy of the purchase order or request or other source of customer identification to MSD.  Normally a disposition will be marked on the fax and returned to the division within three working days.

Once approval is received from OIAA, the division may begin work.

The exceptions to the above procedures are:

1. Requests from U.S. firms for calibration services of objects destined for abroad.  In these cases, the requesting firm is responsible for following U.S. export regulations.  However, if NIST is aware that the objects are destined for export, the Director of OIAA should be consulted prior to the initiation of the calibration service.

2. Measurements performed by NIST under cooperative or collaborative agreements and intended for international comparison of standards or to contribute to NIST research or similar purposes.  In these cases, NIST is not considered to be providing a service but is following its own programmatic needs authorized by other provisions of the NIST Organic Act.