As Indiana University faculty, staff, and students become increasingly involved in the world abroad, it is more important than ever that these university constituents can easily access vital information for the conduct of their study and research and that they have a clear understanding of that information.
Researchers also need to factor legal fees into their project budgets for on-the-ground advice concerning activities that will have tax or workers compensation implications, registration requirements, etc.
One legal issue that university constituents must be aware of when engaging in international activities is the U.S. Foreign Corrupt Practices Act (FCPA). The anti-bribery provisions of the FCPA make it unlawful for U.S. persons to make a payment to a foreign official for the purpose of improperly influencing any act or decision by the official in order to obtain or retain business. The following slides provide additional information about the FCPA. (FCPA presentation)
A new website is being developed by the Office of Research Administration which will provide helpful links in one convenient location of the following topics:
- Computer security awareness and training
- Employee travel
- Export control issues
- Hiring foreign nationals
- International visitors coming here
- Making purchases abroad, including buying vehicles and leasing space
- Moving money abroad for research purposes
Already existing policies/procedures that apply in this context can be found at the following links:
- Custodial Fund Policy
- Custodial Fund Forms
- Export Control
- International-Related IU Policies (INT-02, INT-03, INT-04): Note that INT-01 and INT-02 are undergoing revisions.
- Student Study Opportunities Abroad
- Payments to Non-Resident Aliens
- Travel Assistance and Trip Cancellation Insurance
- Travel Safety
Agreements with Overseas Institutions of Research and Higher Education: When developing, renewing or enhancing agreements with overseas institutions of research and higher education, the following policy and procedures therein must be followed [President’s policy]. The standard templates for agreements with foreign partner institutions are below.
Professional Services Agreements for work conducted abroad: Indiana University is an internationally recognized institution with a wide variety of activities and programs that are conducted abroad. Sometimes these activities require the university to engage the professional services of non-employee contractors to provide their services overseas. These contractors may be may be US or non-US citizens. Two sample agreements (one for US Citizens working abroad, and one for Non-US Citizens) are provided as a starting point or template for this purpose. These agreements must be approved by the Office of Procurement Services Purchasing Department to be enforceable.
Grant proposals or projects that require people to work overseas: The first document below sets forth some issues that should be considered when engaging an individual, either as an employee or as an independent contractor, to perform work overseas. The second document summarizes legal issues concerning hiring individuals in certain foreign countries.