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UH Mānoa Procedures for Establishing or Renewing International Academic Agreements (MOUs, MOAs, etc.)

BACKGROUND AND CONTEXT

All UH Mānoa international agreements involving academic programs must undergo a process of review at multiple levels and must be signed by the President. Those wishing to develop an international agreement should familiarize themselves with the UH System Executive Policy 8.200: Policy on Contracts and Signing Authority. Please pay special attention to the section on International Agreements (III.B.4.c), which outlines the appropriate review process and provides international agreement templates, available for download by following the link to Appendix 6.

International agreements for UH Mānoa require review by the Office of International and Exchange Programs (OIEP) and the Office of the Vice Chancellor for Academic Affairs (OVCAA) at Mānoa, as well as by the UH System Office of Export Controls (OEC), UH System Office of the Vice President for Academic Planning and Policy (OVPAPP), and in some cases the Office of General Counsel (OGC). OIEP will advise on the appropriate process for the type of agreement being proposed and can be contacted by phone (956-2223) or by email (oiep@hawaii.edu).

Following initial consultation with OIEP, a draft of the agreement should be sent to the Office of Export Controls (uhoec@hawaii.edu) for review to identify potential risk level, if any. OEC review and approval is essential before proceeding, regardless of agreement type.

If the agreement passes OEC review, but does not closely follow one of the OGC-approved templates (see below), it will next require vetting by OGC, with submission of a Legal Services Request (LSR), following the instructions under “Submit a Request for Legal Assistance” on the UH System Legal Affairs and OGC homepage. Please indicate in the text of the request that the agreement has been reviewed by OEC. And enter the email address of the dean or E/M of your unit as “Approver 1” and the email address of iAVCAA Laura Lyons (lelyons@hawaii.edu) as Approver 2.” OIEP will work with the representative in the initiating UHM unit to facilitate the process of agreement creation, review, and approval, including consultation with the partner institution and OGC at UH if necessary. Please note, depending on the necessary level of review and the amount of consultation required, the process can take several weeks or longer, so please plan accordingly.

All draft agreements must be submitted to the appropriate office(s) for review prior to signing, as detailed in the “Directions by Agreement Type” below.

DIRECTIONS BY AGREEMENT TYPE

1. To establish or renew a general Memorandum of Understanding (MOU), the representative should download the current OGC-approved MOU template and fill in the appropriate contact information for the UHM portion, then send to the appropriate contact person at the partner institution. The partner institution must review and approve the UHM template before it undergoes UH review. If no changes are requested by the partner institution, the completed MOU should be forwarded to the Office of International and Exchange Programs (oiep@hawaii.edu), which will facilitate the next steps in the UH review and approval process. If the partner institution requests changes or the use instead of its own template or a custom MOU, the UHM unit representative should forward the requested changes or template/custom MOU from the partner institution to OIEP and should also submit a Legal Services Request (described above). OIEP will assist in negotiating with the contact person at the proposed partner institution, with OGC, and with the UHM unit.

Once the final version has been approved by both institutions, OIEP will inform the representative in the initiating unit at UHM and request a signing action memo (see item 8 below) from the dean or appropriate E/M to the President.

2. For a Student Exchange and Visiting Student (Hoakipa) Memorandum of Agreement (MOA), the initial process differs depending on whether it involves establishing a new MOA or renewing one:

(a) To establish a new Student Exchange and/or Visiting Student (Hoakipa) Memorandum of Agreement (MOA), the representative should download and complete the MIX Agreement Proposal Form and submit it to the Director of MIX, Vinnie Burns (uhmix@hawaii.edu), for review by the MIX Advisory Committee.

(b) To renew a Student Exchange and/or Visiting Student (Hoakipa) Memorandum of Agreement (MOA), the representative should provide a rationale/justification for renewal, updated contact information for UHM and the partner institution, and submit to the Director of MIX, Vincent Burns (uhmix@hawaii.edu), for review by the MIX Advisory Committee.

For both (a) establishing and (b) renewing either of these two types of agreement, if the MIX Advisory Committee approves, the MIX office will facilitate the next steps in the UH review and approval process with the partner institution. If not approved by the MIX Advisory Committee, the MIX Office will contact the unit representative directly regarding the decision and provide guidance for resubmission. If the proposed partner institution has provided a draft MOA, it should be shared with the Director of MIX, who will work with the partner institution on any changes required.

3. To establish or renew a 3+2 Accelerated Pathway Program (MOA), contact Xiaoxin Ivy Mu (xiaoxin@hawaii.edu) in the Graduate Division. For other Accelerated Pathway Programs, contact OIEP for consultation. These agreements may establish specific provisions for admission, accelerated plans of study--typically for Master’s degrees, and specific course/credit transfer equivalencies. These agreements are designed jointly by faculty at UHM and at the partner institution.

4. To establish or renew Service Contracts for International Programs in Outreach College, contact Michiko Kahmann (michikos@hawaii.edu), Chair of International Programs, Outreach College. These contracts establish special provisions for academic programs that are administered through Outreach College.

5. For Joint/Dual Degree and Articulation Agreements (MOA), contact April Goodwin (agoodwin@hawaii.edu) in OVCAA for consultation. These agreements establish specific provisions for admission and course/credit transfer equivalencies and joint/dual degree programs. In general, agreements of this nature are designed jointly by faculty at UHM and the partner institution. Dual degrees require WASC approval, a process which can take many months, so please plan accordingly.

6. For Non-Funded Research Agreements (MOUs), contact the Office of the Vice Chancellor for Research (ovcr@hawaii.edu). Like general MOUs (see item 2 above), non-funded research MOUs are aspirational agreements that specify a broad context for collaborative research opportunities and activities that do not commit specific university funds or resources. Implementation of specific research activities shall be negotiated separately and defined in a separate binding agreement.

7. If the interest is in any other type of agreement, please contact OIEP for consultation.

For all general MOUs and other agreements, with the exception of Student Exchange/Visiting Student (Hoakipa) MOAs, 3+2 Agreements, and Service Contracts:

8. After review and approval--first by OEC, then (if necessary) by OGC, and then by OVPAPP--OIEP will notify the unit representative to prepare a signing action memo (samples here) from the dean or appropriate E/M in the unit to the UH President, to be sent to OIEP as an email attachment. As shown in the samples, the memo must be FROM the dean or E/M, VIA Laura Lyons, VIA Michael Bruno, TO David Lassner, and should follow the wording and format provided in the templates as exactly as possible.

9. OIEP will submit the signing action memo on behalf of the unit, with supporting documentation of approvals (from OEC, OVPAPP, and, if necessary, OGC) along with the actual MOA or MOU document to be signed, via the OVCAA and Provost's offices, to the UH President's office.

10. Once the President has signed, the dean or E/M requesting the President’s signature will be notified and sent the signed document, which the unit must then send to the appropriate contact person at the partner institution for their president/ rector/ chancellor/CEO to sign (sometimes with an additional signer, such as a dean or other program administrator), with a request for a pdf scan of the fully signed and dated document to be returned to the sender.

11. Once the fully signed and dated document has been received from the partner institution, a pdf should be sent to OIEP, and a copy kept at the unit for their records.

12. The UHM unit dean’s office designated database intaker should upload the document to the UH System’s OnBase database and notify OIEP once it has been uploaded. OIEP will review the database entry to ensure that the upload process has been accurately completed.

SPECIAL CONSIDERATIONS:

N.B. It is UH policy that all international agreements be prepared in English, which shall be the designated language used to interpret, construe, and enforce the agreement. If desired, the sponsor may translate this agreement into a more familiar language, but if any translation of the agreement conflicts with the English version or contains terms in addition to, or different from, the English version, the English version shall prevail. If UH is asked to sign a non-English version of the agreement in addition to the English version, an accurate translation is required (whether provided by the partner institution or by UHM) and a qualified speaker of that language at UHM or designated by UHM must certify that it is a full and accurate translation. A statement that the translation has been reviewed and certified accurate, and by whom, must be included in the signing action memo.

N.B. It is important to check with the contact person at the partner institution whether the Presidentʻs digital signature will be acceptable. UH no longer requires non-digital (“wet ink)” signatures or hard-copies of agreements, but in the rare instance that the partner institution insists on a wet ink signature, that requirement must be noted in the signing action memo. Then the hard copy of the actual signed agreement needs to be mailed to the contact person at the partner institution for signature(s) there. Mailing will be the responsibility of the originating unit at UHM. A pdf scan of the fully signed MOU should be returned to the originating unit at UHM and forwarded to OIEP, sent as an email attachment.

An overview of the procedures is provided in the UH Mānoa International Agreements Procedure Flowchart. Contact the Office of International and Exchange Programs if you have questions.