Processing International Agreements at DSP
DSP processes international agreements involving a research component. Agreements must be submitted through UFIRST, funding requires a UFIRST proposal, and templates are available online. Special considerations such as taxes, intellectual property, privacy policies, governing law, and more are important factors in international agreements.
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Presentation Transcript
INTERNATIONAL AGREEMENTS @ DSP DSP processes international agreements involving a research component. Within DSP these agreements are processed by the Contracting Services Team.
SUBMITTING AN AGREEMENT TO DSP FOR PROCESSING All Agreements must be submitted through UFIRST If the Agreement is funded, a UFIRST proposal must be created and approved before creating a UFIRST Agreement. If the Agreement is NOT funded, create only a UFIRST Agreement and submit for review.
RESEARCH.UFL.EDU > FACULTY & STAFF > INITIATIVES&NEWS > UFIRST
TEMPLATES FOR INTERNATIONAL AGREEMENTS Often international sponsors of research have their own template they wish to work from. This is not a problem. If the Sponsor does not have a template UF will start with our Standard Research Agreement or Research Services Agreement.
TEMPLATES AVAILABLE ONLINE research.ufl.ed u/faculty-and- staff/forms.html
SPECIAL CONSIDERATIONS Taxes Intellectual Property Privacy Policies (HIPPA) Governing Law Currency Foreign Travel/ Export Control Language Time Zones Signing Agreement
TAXES European Agreements VAT taxes Example of Asian tax language. All the charges levied by bank in the territory of Sponsor shall be paid by Sponsor. All the charges levied by bank in the territory of University, and taxes levied by governments in the territory of the Parties shall be paid by University. In the event that Sponsor deducts such taxes from the payment to University in accordance with the laws of Korea, Sponsor shall provide University with a tax certificate showing the payment of such taxes.
INTELLECTUAL PROPERTY European Union Moral Rights Background Contract negotiator needs to know PI s expectation regarding developing IP, and what PI would like to happen with IP at the beginning of negotiations.
PRIVACY POLICIES UF is HIPPA compliant We cannot agree to another country s privacy policies without knowledge of what they are. Privacy Office review may be required.
GOVERNING LAW UF s preferred law is Florida Law Foreign government sponsors usually do not accept our governing law. Acceptance of foreign governing law requires approval of Stephanie Gray. Impacts many aspects of the agreement and requires a more extensive redline to adequately protect PI and UF. Arbitration/ dispute language Indemnity
FOREIGN CURRENCY Initial position is to accept USD only. If a Sponsor will not transact in USD, DSP requires Department Chair s written approval to accept agreement in foreign currency. I am the Contracting Officer processing this Agreement for Dr. _________. We have been unable to negotiate payment terms in USD. Rather, the Sponsor requires use of _________. DSP requires written acceptance of foreign currency from the PI s Department Chair. Please confirm that the Department of ___________________________ will accept this agreement in ______ and assume any risk of currency fluctuation.
FOREIGN TRAVEL Advisory Email (Automatically Generated in UFIRST) Please verify which countries will be visited and confirm that the only items to be taken out of the U.S. are laptops, PDA s, or cell phones and that no specialized hardware, software, or controlled data is on those items. If other items will be taken out of the U.S., please provide our office with list of the items including make, model, and manufacturer so that we may conduct an export license review. For questions about laptops: http://research.ufl.edu/faculty-and-staff/research-compliance/export-controls/tools/international-travel-involving- university-of-florida-owned-laptops.html. Please note that general office equipment and standard lab supplies do not need to be listed unless the travel includes one of the embargoed/sanctioned countries (Cuba, Iran, North Korea, Sudan, or Syria). As a reminder, please ensure that the items are kept in your control and custody while located outside of the U.S. and that the Asset Management off-campus certification process has been complied with prior to the items being transferred out of the U.S. If you are not familiar with the off-campus certification requirement contact your department property liaison or Asset Management directly at 352-392-2556.
LANGUAGE UF will only contract in English. English version of agreement must control
POTENTIAL DELAYS Time zones. Original Signature requirements. Etc.
LIFE OF AN INTERNATIONAL AGREEMENT @ DSP Funded UFIRST Proposal is approved by department and then processed by Proposals Team. When Proposal is in Pending Sponsor Review state, an Agreement will be created. DSP Contracting Team Assigns the Agreement to a team member for negotiation. When negotiation is complete, Contracting Team member completes the Fully Execute activity in UFIRST. When Agreement is fully executed, DSP Contracting Team member creates a UFIRST Award shell and sends to responsible unit for completion. Once shell is completed by department, DSP Awards team processes the Award and sends to C&G accounting. Unfunded PI/ Department creates a UFIRST Agreement. DSP Contracting Team Assigns the Agreement to a team member for negotiation. When negotiation is complete, Contracting Team member completes the Fully Execute activity in UFIRST.
DSP CONTRACTS TEAM CONTACT INFO: dspcontracts@research.ufl.edu
