Going Global: Factors to Consider Before Signing Up
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Transcript Going Global: Factors to Consider Before Signing Up
Legal Issue-Spotting in
International Collaborations
Minnesota State Colleges and Universities
CAO, CASO and Deans Spring Meeting 2013
Kris Kaplan, Deputy General Counsel
System Office
Minnesota State Colleges and Universities
The Minnesota State Colleges and Universities system is an Equal Opportunity employer and educator.
OVERVIEW
Policy and Other Threshold Considerations
Spotting Specific Legal Issues
International Recruiting
Board of Trustees 2010-2014
Strategic Plan
MnSCU and the State Operate in GLOBAL
Environment
Goal 2.2 requires graduates to have “strong, adaptable, globally
competitive and flexible skills.”
Strategic Direction 3: Provide learning opportunities, programs
and services to enhance the global competitiveness of the
state.
International Activities
Long-Established:
Hosting international students and scholars on MnSCU
campuses;
Study abroad
Faculty-led or 3d party provider
Other types of international agreements and collaborations on
the rise . . .
Some Examples of System
Internationalization Initiatives
Memoranda of Understanding (MOU)
Faculty/student exchange programs
Institution-wide or program-specific
Joint degree programs
Delivery of courses or training abroad in
collaboration with foreign institution
Delivery of courses or training at MnSCU campuses
for international clientele
Put Globalization into Context
A Vision Thing
Internationalization Strategy
Goals grounded in college or university mission and core
values
Defined benefits for students, faculty, community culture
and economic development
Internationalization Plan
Study abroad; curriculum development; student
recruitment and services
Collaborative agreements
International Agreements
Strategic Framework
Rationales, goals
Priority regions, programs, issues
Alignment with current academic offerings
Program Decisional Guidelines
Further mission, core values
Aligned with internationalization strategy, plan; partnership
framework
Take a Hard Look:
“Due diligence” review of proposed collaborator:
Who is this? Private or public?
Have necessary resources to launch and sustain or even expand
partnership?
How strong is their commitment?
Track record?
Academic reputation?
Culture, economics, politics of country?
Tip: https://www.educationusa.info/highered.php (register and access
info about foreign higher ed institutions via State Department)
Code of Conduct – conflict of interest issues in selection process?
Remember that service contract procedures apply
Considering Agreements
Preliminary Issues
Consistency with college/university education mission
Consistency with current academic priorities
Do you have the resources to sustain a long-term commitment,
including knowledgeable campus staff?
Consistency with applicable system and campus policies, e.g.:
System Travel 5.19
Risk Management 5.16
Preliminary Issues
System Procedure 3.36.1
Requires approval of new academic programs and locations
Review of online delivery may apply
Customized training approval process
Preliminary Issues
Code of Conduct 1.C.0.1
Analysis of potential personal conflicts of interest
Unauthorized reimbursements
Unauthorized gifts
Accepting personal benefits
Using position for personal gain
Preliminary Issues
Analysis of long-term operational costs and benefits; indirect
costs?
Qualified to do business abroad?
Does the plan contemplate establishing a new entity of some
type? Has the OGC/AGO reviewed for legality?
Does the proposed agreement include
Detailed responsibilities
Appropriate dispute resolution/enforceability of contract provisions
Appropriate indemnification/liability language
Do activities raise other legal issues or liability risk concerns?
Areas of Legal Risk in
Activities Abroad
Foreign employment/labor issues
Definition of “employee”
Taxes – payroll, Social Security
Benefits
Worker’s compensation
Appropriate visa for entry
Application of US employment laws
E.g. Title VII; ADA; ADEA
Do not hire foreign workers without first consulting system legal
counsel!
Areas of Legal Risk in
Activities Abroad
Real Estate/Facilities
Student housing
Staff housing
Classroom space
Lab/research space
Program offices
Excursion sites
Areas of Legal Risk in
Activities Abroad
Visas
Banking/cash management
Legal registration requirements
Consulted with system legal counsel?
Risk management
Insurance requirements – foreign and domestic requirements
Clery Act reporting responsibilities understood?
Transportation risk management
Crisis management planning
Liability waivers obtained
Miscellaneous Risks in
Activities Abroad
Economic sanctions or boycotts
Application of US environmental laws
Are activities in conflict with US tax (exempt) status? Taxable
abroad?
US penalties for having bank account signing authority
without federal filing
Export control laws
International Traffic in Arms Regulations
Export Administration Regulations (EAR)
EAR: Commerce Department
Limitations on Exporting
US-origin, “technical data” that has dual use in commercial and military
applications – broadly defined:
Information necessary for development, production or use of a
covered product that is to be “exported;” includes many types of
information such as blueprints, technical drawings, instruction
manuals or even intangible information such as police force
training in certain foreign countries.
May need license to export.
Foreign Corrupt Practices Act
VERY broad prohibition to offer, pay or even promise to pay
anything of value to a foreign official for the purpose of doing
business or gaining unfair advantage.
Would include even a meal if the intent is to influence
discretionary decision of foreign official.
IEM Considerations for International
Recruitment
International recruitment efforts should be part of a larger
conversation on internationalization of the campus
One facet of strategic International Enrollment Management
(IEM):
Also includes admissions, advising, enrollment and retention of
international students.
International Recruitment
What is the institutional rationale for increasing international
student enrollment?
Diversity? Financial ? Expand/deepen international collaborations?
What institutional infrastructures are required for retention?
International Recruitment
How will more international students strengthen/affect
general campus internationalization efforts?
E.g., how might their presence change approach to “internationalize
curriculum?”
Are you using current research, information on trends and
developments in higher ed worldwide?
International Recruitment
How Do You Do It?
Many options:
College/university employees at recruitment fairs
Recruitment tours
In-country counseling and advising providers
Faculty and international alumni outreach
EducationUSA advisers and centers
Online
Virtual tours
Social media
EducationUSA
US Department of State division with 170 offices worldwide
Promote US higher ed abroad
Provide impartial information to potential foreign students about US
higher ed institutions to find good fit
Assist US higher ed community with recruitment and retention plans
Get free Log In for access to resources at:
www.EducationUSA.info/highered.php
Resources on International
Recruitment
ACE: American Council of Education
July 2008 publication: International Partnerships: Guidelines for
Colleges and Universities; Appendices at:
www.acenet.org/programs/international/partnerships
NAFSA: Association of International Educators www.nafsa.org
http://www.nafsa.org/Resource_Library_Assets/Networks/RAMA/Virt
ual_Toolkit_for_Recruiting_International_Undergraduate_Students/
International Recruitment
Using foreign-based recruiters
May extend your “reach” but risk of losing control of your
brand/message
Relationships critical
Contracts must detail use of college name, logo, retain complete
control over promotional materials and message; not exclusive
AIRC, Hobsons International Counselor Network are two groups
developing standards of conduct and certifications
The controversy: should US colleges/universities use foreign
recruiters that charge a commission?
NACAC: “no” (but currently studying issue)
AIRC, others: “yes” but require standards
Study Minnesota
NEW promotional consortium of MN higher ed institutions
Sponsored by Minnesota Trade Office and US Dept of
Commerce Commercial Service
Initial activity will be website:
General information about MN
Direct links to member institutions’ websites
Must become member; initial annual fee: $350
First organizational meeting: June 19, 2013 at
University of St. Thomas, St. Paul
RSVP: David Edmiston at: [email protected], or Tim
Odegard at [email protected] for more information
Resources
(Don’t leave home without us!)
Office of General Counsel
Gail Olson 651 296-6216 [email protected]
Kris Kaplan 651 296-3905 [email protected]
Mary Al Balber 651 297-2698 [email protected]
Scott Goings 651 297-3289 [email protected]