Policy and Resources

Educational institutions confront a multitude of challenges in developing and managing international academic agreements. Many of these challenges are like those involved in domestic agreements, but widely varying contractual practices worldwide present a more compelling case for institutional concern in the case of international agreements. There is concern to protect the institution and its faculty from unplanned costs, unforeseeable liabilities and uncoordinated information management on a multinational scale. With expanding opportunities for international agreements, there are greater challenges to faculty in negotiating, drafting and achieving institutional approval of international agreements in an optimally efficient, timely and enlightened manner.

University of Pittsburgh Policy 02-01-05 responds to these challenges through the creation of a University-wide system for managing international inter-institutional agreements through the University Center for International Studies (UCIS). The Policy is mandatory for agreements having the following characteristics:

any agreement 1) between the University of Pittsburgh and one or more foreign governments and/or universities or other organizations domiciled outside the United States, regarding the use of this University's faculty, student, library or other research or instructional resources within the United States or 2) that commits the University of Pittsburgh to the deployment of faculty, student, library or other research or instructional resources outside of the United States.

Faculty contemplating an agreement that might fall under this
characterization should contact UCIS for assistance at the earliest
possible point in the process.

The centerpiece of the system created through Policy 02-01-05 is the International Agreement Routing Form. This document available from UCIS is designed to assist faculty in the development, review, approval and follow-up necessary for orderly development and conduct of productive international agreements. Questions about the Routing Form should be addressed to UCIS, which will support faculty from the earliest emergence of contractual prospects to the management of the Routing Form and the final execution of agreements.

UCIS assists faculty not only in trouble-shooting through the design and approval process of international agreements, but also in tapping the resources of a computer database. UCIS maintains this historical database for University international agreements of all kinds. This database assures an effective coordination of communications University-wide with parties abroad. It facilitates learning by example from the experience of other agreements in effect in similar situations or locales.

Also available through UCIS are models of international inter-institutional agreements. These models, developed on the basis of existing agreements with the support and assistance of the University's Office of General Counsel, provide useful templates for faculty in conceptualizing and later drafting agreements suitable for particular situations. In an exceptional case, a new agreement might track one of these models very closely. More commonly, a new agreement might benefit from viewing the provisions of the models as checklists of matters that may be important in negotiation and drafting. UCIS files often contain specific existing agreements that match very closely the plans for a new agreement. However, the circumstances of each prospective agreement should be considered when evaluating which model agreement or provisions thereof are appropriate.

Consulting with UCIS early in the conceptualization of a new international agreement will likely improve the scope and quality of the contract and provide for smoother and more efficient and timely institutional approval. For example, your agreement likely contemplates research and the exchange of information with foreign nationals. Such an exchange may be an actual or a "deemed export" under federal export control laws. Because the University is subject to federal export laws, you should be sure that local research or exchange information occuring within the United States is "fundamental research" so that you are exempted from obtaining an export license. Fundamental research is essentially basic or applied research at the University where the results are ordinarily published or disseminated widely. Confidentiality clauses or other publication restrictions may take your project outside the fundamental research exception and require you to obtain an export license. Keep in mind also that the traditional export of certain technology, information and goods, to certain countries or individuals, may be banned or also require to obtain an export license.

For further assistance, please contact Jennifer Creamer, Associate Director, University Center for International Studies, 4400 Posvar
Hall, jcreamer@pitt.edu.