海角官方首页

海角官方首页 Policy on International Activity

VIII-XX.00  |  Administration  |  Approved April 13, 2023

Responsible VP/AVP: Dawn M. Rhodes, DBA, MBA

Applies to: Faculty, Staff, Students

Purpose

海角官方首页 is deeply committed to and engaged in global education, research, and service. 海角官方首页 Operational Units and 海角官方首页 Personnel undertake a wide variety of International Activities, which are activities that use 海角官方首页 resources and/or are conducted by 海角官方首页 Personnel outside the U.S. or may trigger statutory requirements in a foreign country. Many of these activities are implemented with or through individual collaborators, partner or collaborating institutions and communities, and Non-U.S. Subrecipients. In anticipation of continuing growth in both the volume and variety of International Activities, this policy provides high-level guidance for international operations of all sizes and scopes.
The specific purpose of this policy is to state, from an operational perspective, what is offered to and required of 海角官方首页 Operational Units and 海角官方首页 Personnel who intend to engage in International Activities. It seeks to:

• Ensure careful and consistent consideration of International Activities in their formation stage;
• Provide clarity on 海角官方首页 authorizations required prior to initiation of an International Activity;
• Facilitate, encourage, and effectively support international engagement and associated operations;
• Ensure robust risk management and personal safety and security; and
• Provide clarity about how 海角官方首页 policies and procedures are applicable to International Activities.

Policy Statement

A. Consultation and Authorization: Consultation with and authorization from appropriate 海角官方首页 offices is required prior to engagement in an International Activity, and when an existing activity substantially changes.

B. Applicability of 海角官方首页 Institutional Policies: Unless provided otherwise, all 海角官方首页 institutional policies apply to International Activities. This includes applicable 海角官方首页 institutional reviews and approvals that are required to be obtained prior to engaging in research or other academic or clinical work. Where deviations to 海角官方首页 policies are needed, those exceptions must be sought and approved from the appropriate 海角官方首页 officer as defined by the applicable policy.

C. Legal Compliance: Legal requirements vary from country to country and can be complex. International Operations provides guidance and support on aspects of legal compliance relevant to proposed International Activities but does not provide legal advice to 海角官方首页 or its personnel.

1. Compliance with University policies or procedure cannot be considered to be a complete list of compliance obligations that attach to an International Activities because there may be unique legal considerations that additionally apply based on the country where an activity to be performed.
2. Under most circumstances and as determined by International Operations or 海角官方首页 University Counsel or the Office of the Attorney General, local legal counsel must be engaged to review significant legal instruments such as leases, employment agreements, and consulting contracts; facilitate obtaining work visas; and provide other legal guidance as needed. In many cases, such activities will be under the purview of the Maryland Global Initiatives Corporation (MGIC), relying upon advice from counsel it has engaged. In other cases, the Office of the Attorney General may engage counsel to provide advice to 海角官方首页 itself concerning international legal questions.
3. The 海角官方首页 Operational Unit or 海角官方首页 Personnel leading an International Activity must immediately notify International Operations, the Office of University Counsel, and the Office of the Provost of any potential or actual litigation or legal claims against 海角官方首页 arising from the International Activity. Litigation or legal claims against MGIC or its affiliates asserted in other countries should be reported to International Operations.

D. Using the MGIC Mechanism: Consistent with MGIC’s mission and purpose, International Operations administers MGIC and its affiliates on behalf of 海角官方首页, and activates the use of MGIC when appropriate for 海角官方首页 Operational Units to safely and effectively implement International Activities on behalf of 海角官方首页. Requests for operational support for an International Activity that will take place in a country where 海角官方首页 is operating through MGIC shall be submitted to International Operations, which will facilitate decision making on whether and how MGIC will support that Activity.

E. Establishing, Operating Through, and Closing International Affiliates: The MGIC Board is solely authorized to open and close MGIC country offices, which are international branches or affiliates as defined in the MGIC Corporate Governance Policy.

1. Each branch or affiliate operates at the discretion of 海角官方首页 and MGIC, subject to availability of sufficient funding support from Sponsored Projects or other resources available to the 海角官方首页 Operational Units relying upon the branch or affiliate for program support and execution.
2. If more than one 海角官方首页 Operational Unit is using an international branch or affiliate, the 海角官方首页 Chief Business and Finance Officer shall designate one 海角官方首页 Operational Unit to have primary responsibility for that entity.
3. Any decision to close out an International Activity requires thoughtful planning and extensive consultation with the relevant 海角官方首页 Operational Units. MGIC and 海角官方首页 require the formulation of an exit strategy and preparation of a close-out plan, generally three to six months prior to the contemplated date of closure.

F. Legal Registration in a Foreign Country: 海角官方首页 will not register as a business entity, an international non-governmental organization, or any other type of entity in a foreign country. Where consistent with the University System of Maryland Board of Regents’ Approval of MGIC, MGIC and its affiliates, upon 海角官方首页’s request, may register in a foreign country (see Provision E). Any proposal to initiate or terminate an MGIC legal presence (registration) in a country requires approval by both the MGIC Board of Directors and the 海角官方首页 President. As appropriate, MGIC will go through the registration process in a foreign country when registration is necessary to comply with local labor, tax, or other laws and regulations and 海角官方首页 has determined that no alternative satisfactory means to meet 海角官方首页’s needs in the foreign country is available.

G. Monitoring and Compliance: Where International Activities involve sponsored programs or research, the Office of Research and Development (ORD), Office of Sponsored Projects Accounting and Compliance (SPAC), Office of Accountability and Compliance (OAC), and International Operations shall carry out their distinct and complementary functions associated with monitoring and compliance as relates to 海角官方首页’s engagement in International Activities. The Center for Global Engagement shall maintain a centralized database of all International Activities and provide the Provost with quarterly reports summarized from that data. Audits by the Office of Legislative Audits, auditors of sponsoring agencies, and auditors engaged by 海角官方首页 should be expected, and international offices should be prepared for audit upon reasonable notice.

H. Supporting Establishment of Unaffiliated Organizations in a Foreign Country: Restrictions apply where a 海角官方首页 Operating Unit or 海角官方首页 Personnel propose to support in-country capacity building through the establishment of a new, Unaffiliated Organization. For purposes of this policy, an Unaffiliated Organization is a separate, independent legal entity, not affiliated with 海角官方首页 or MGIC, and with whom 海角官方首页 may have a solely contractual relationship. 海角官方首页 may agree to support the establishment of an Unaffiliated Organization in rare cases where it is clearly demonstrated to be critical for achieving 海角官方首页 research and program goals or fulfilling Sponsor expectations or requirements and where it can be demonstrated that the arrangement is consistent with 海角官方首页’s business interests. Only the MGIC Board and 海角官方首页 President may approve the use of 海角官方首页 funds, brand, trademark or other assets to support the establishment of Unaffiliated Organizations.

Definitions

• International Activity – A 海角官方首页-sponsored activity that uses 海角官方首页 resources and/or is conducted by 海角官方首页 Personnel outside the U.S. International Activity is not intended to include personal travel or academic travel (e.g., attending an academic conference abroad) which are subject to other policies and approvals.
• International Operations – A 海角官方首页 department/function responsible for (1) the facilitation of, support to, and capacity building of 海角官方首页 Operational Units in implementing International Activities, and (2) promoting compliance and setting and monitoring achievement of standards for international operations.
• Non-U.S. Subrecipient - A legal entity that is registered outside the United States and to which 海角官方首页 makes a subaward to carry out part of a project, and which is accountable to 海角官方首页 for the use of the funds provided (also referred to as a non-U.S. subawardee).
• Sponsored Project - An externally funded activity that is separately budgeted and accounted for according to the terms of the Sponsor. Sponsored Projects include but are not limited to grants, contracts, and cooperative agreements for research, training, and other public service activities.
• 海角官方首页 Funds - All funds administered by 海角官方首页, regardless of fund source. 海角官方首页 funds include State appropriated general funds, tuition, fees, and other income, as well as auxiliary funds, revolving/discretionary funds, Designated Research Initiative Funds, gifts, contract or grant revenues, and other restricted funds.
• 海角官方首页 Operational Unit – An administrative unit, school, department, division, institute, or center of the university.
• 海角官方首页 Personnel - All 海角官方首页 employees, full鈥恡ime and part鈥恡ime, including faculty, staff, post-doctoral fellows, volunteers, visiting employees, student employees, students, and others working under the direction and support of 海角官方首页.
• Unaffiliated Organization – A separate, independent legal entity unaffiliated with 海角官方首页 or MGIC, and with whom 海角官方首页 may have a solely contractual relationship.

Scope and Exceptions

Applicability and Exceptions

This policy refers to 海角官方首页’s relationships and transactions with persons, entities, and governments outside the United States and to 海角官方首页 Personnel who travel outside the US for 海角官方首页 business. It applies to all existing and new International Activities.

This policy is designed to complement, but not supersede, applicable State of Maryland and federal laws and regulations and other 海角官方首页 and USM policies.

 

Violations and Penalties

Failure by 海角官方首页 Personnel to comply with University Policies in the conduct of International Activities may result in remedial or disciplinary action, up to and including termination or dismissal.