UH Mānoa Procedures for Establishing or Renewing International Academic Agreements (MOUs, MOAs, etc.)
Last Updated: August 19th, 2022
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 Global Engagement (OGE) 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 Strategy (OVPAS), and in some cases the Office of General Counsel (OGC). OGE will advise on the appropriate process for the type of agreement being proposed and can be contacted by phone (956-8922) or by email (firstname.lastname@example.org).
Following initial consultation with OGE, a draft of the agreement should be sent to the Office of Export Controls (email@example.com) for review to identify potential risk level, if any. OEC review and this 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 (firstname.lastname@example.org) as Approver 2.” OGE 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 a month 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 first consult with OGE (email@example.com) providing the name and location of the proposed partner institution and reason for the MOU. Unless OGE raises concerns, the representative should next 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 for its contact information and name and title of signatory.. The partner institution must review and approve the UH 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 Export Controls (OEC: firstname.lastname@example.org) and to the Office of the President for Academic Strategy (OVPAS, Debora Halbert: email@example.com, with cc to Jennifer Ontai: firstname.lastname@example.org). If the partner institution requests changes or the use of its own template or a custom MOU, the UHM unit representative should send a draft of this version for OEC review and, if approved, then submit a Legal Services Request (described above), including the OEC approval and an MS Word version of the draft with the requested changes or template/custom MOU from the partner institution. OGE will assist at any stage if questions or concerns arise.
Once the final version has been approved by both institutions, the initiating unit at UHM must complete a signing action memo from the dean or appropriate E/M to the President (see item 8 below for detailed instructions).
2. For a Student Exchange and Hoakipa Scholars Program Memorandum of Agreement (MOA), the initial process differs depending on whether it involves establishing a new MOA or renewing one:
(a) To establish or renew a Student Exchange 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 (email@example.com), for review by the MIX Advisory Committee.
(b)To establish or renew a Hoakipa Scholars Program Memorandum of Agreement (MOA), the representative should contact the Director of MIX, Vinnie Burns (firstname.lastname@example.org), for more details. A MIX Agreement Proposal Form is not required.
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 (email@example.com) in the Graduate Division. For other Accelerated Pathway Programs, contact OGE and April Quinn 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 Saori Doi (firstname.lastname@example.org), 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 Quinn (email@example.com) in OVPAE 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 Provost for Research (firstname.lastname@example.org). 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 OGE 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 OVPAS, the unit representative should prepare a signing action memo (samples of action memos can be found here) from the dean or appropriate E/M in the unit to the UH President, to be sent to OGE as an email attachment, along with documentation of reviews by OEC, OGC (only if needed), and OVPAPP. As shown in the samples, the memo must be FROM the dean or unit’s supervising E/M, VIA Laura Lyons (iVCAA), VIA Michael Bruno (Provost), TO David Lassner (President), and should follow the wording and format provided in the samples as exactly as possible.
9. OGE will submit the signing action memo on behalf of the unit, with supporting documentation of approvals (from OEC, OVPAS, and, if necessary, OGC) along with the actual MOA or MOU document(s) to be signed, via the OVCAA and Provost’s offices, to the UH President’s office.
10. Once the President has signed and dated, 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 uploaded to the UH System’s OnBase comprehensive database. The process is known as “intaking” and each unit should have a designated “intaker.” (see item 12, below) OGE maintains a list of appointed intakers and may need to be updated periodically.
12. For OnBase upload: Fully-executed Agreements (signed and dated by all signatories) shall be entered into the UH System’s OnBase database by authorized individuals, normally your unit’s designated OnBase “intaker.” OGE must be notified once it has been uploaded; OGE will review the OnBase entry to ensure that the upload process has been completed accurately. This UH central repository is managed by OVPAPP. Uploaded documents should only include the fully-executed agreement (signed and dated by all signatories); if the agreement is executed in more than one language, please upload all. Do not upload comments and miscellaneous notes from reviewing offices; keep those notes with your internal records. Useful links:
- OnBase Training
- Two ways to enter the agreement information into OnBase:
Acknowledgement (regarding HEA Sec. 117): This information collection is subject to 18 U.S.C. § 1001, which provides that whoever knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact; makes any materially false, fictitious, or fraudulent statement or representation; or makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry, may be subject to fines and imprisonment. (Y/N)
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 OGE, sent as an email attachment.
An overview of the procedures is provided in the UH Mānoa International Agreements Procedure Flowchart. Contact the Office of Global Engagement if you have questions.