Agreements

International collaborations are often formalized through agreements and other mechanisms that document the relationship and expectations of each institution. BU enters into a diverse array of these agreements with foreign entities and individuals, including:

  • Academic and research collaboration agreements
  • Employment agreements
  • Business agreements
  • Leases
  • Sub-award contracts

International agreements are more complex than domestic ones because they need to take into account the laws of the country where the partner is located. All agreements must be reviewed by the Office of the General Counsel (OGC) to protect the interests of the University, program, and employees affected. Please see below for next steps in pursuing an agreement with an international partner.

Agreement Development, Review and Approval

  • First stop: Global Partnerships and Support (GPS) can help to shepherd the international agreement through the appropriate review and approval process. They will work with you to understand the desired activity, partner, and outcomes, and suggest the appropriate agreement pathway.
  • Academic approval: If the agreement represents a commitment to undertake new academic activity at BU, including a new course or program, or a new location for an existing course with a travel component, it must also go through the electronic curriculum approval process or eCAP. No matter the activity, keeping your Dean’s office informed and securing their approval is an important part of this review process.
  • OGC review: Once a review path and appropriate agreement have been selected, GPS will consult with OGC in a timely manner to allow for review. When necessary, both GPS and OGC may determine it is necessary to consult with foreign legal counsel. The Global Program’s Vice President/Associate Provost must approve any such hiring and only the OGC is permitted to retain the services of counsel in another country. Please view the University’s Policy on Engaging Professional Services for more information.
  • Partner consultation: It is important to work closely with the potential partner institution to articulate the goals and requirements for the activity to be captured in the agreement. GPS may also recommend conducting due diligence with a new partner, understanding how they operate in their home country and who they partner with. You will have an opportunity to share the draft agreement with the partner for their feedback and approval before signature.
  • Final approval and signature: Once an agreement has been reviewed and approved by OGC, the terms have been accepted by the partnering institution, and the Dean’s office has approved, GPS will shepherd the agreement through the signature process.

Only a limited group of University officers are authorized to sign legal documents on behalf of BU. In most cases, the University Provost will be the signatory. Deans, faculty, and staff should not sign academic partnership agreements. Global Programs and the OGC can help determine the signatory for your international agreement.

Types of Agreements

In most situations, GPS will suggest moving forward with a Master Agreement instead of a MOU. Master Agreements are preferred because they:

  • Set forth the common terms of agreement
  • Supplement with specific information called Term Sheets that allow different schools and divisions of Boston University to outline the details of a specific academic or experiential activity
  • Eliminate the need for negotiating common contract provisions for each new collaboration
  • Speed up the process of reaching agreement

By consulting with GPS early in your discussions, GPS can help to determine if there is an existing Master Agreement in place, help to identify common interests among other University units, and see if it is possible to expand an existing relationship.

Why We Don’t Recommend Memoranda of Understanding

A Memorandum of Understanding (MOU) is typically a brief statement of the intention between parties to discuss future collaborations and/or negotiate a contract in the future. However, MOU is often used as a catch-all term for any documented international relationship, even those containing detailed agreements that are intended to be enforceable. It is important to remember that MOUs are not intended to create legally binding obligations and often explicitly disclaim any intention to do so.

MOUs pose risks to Boston University, such as creating opportunities for another institution to publicize an affiliation with BU that has not been endorsed, and are usually unnecessary to the parties’ goal (e.g., a visiting professorship or student exchange), since a definitive agreement can be reached once the parties agree upon terms. If there is a compelling reason, such as providing a foreign institution with a document for accessing grant funds, you should contact Global Programs for guidance.