![]() The MOU clarifies the nature of the work, the expectations and obligations of the parties, ownership of the work product, and allocation of costs and liabilities. Sometimes the MOU articulates a standard arrangement that may apply to many programs. Collaboration AgreementĪ collaboration agreement or memorandum of understanding (MOU) is typically an agreement between two parties who share administration of a program. There are three common types of non-employment contracts regularly used for Harvard's international projects. Also consider whether Harvard employees working in country may be subject to local tax on a proportionate share of their income. Tip: Consider making the other party responsible for any local taxes, whether Harvard is the payer or the payee. Confirm whether the contract will cause Harvard to be taxed in the foreign jurisdiction or if taxes will be withheld from payment to or from Harvard. TaxationĪlthough Harvard is tax-exempt in the U.S., it doesn’t automatically receive this exemption from foreign countries. Work with the other party to make clear who will be responsible for compliance with these legal requirements. Additionally, activities conducted by your foreign collaborator-such as human subject research or the use of personal data-could also be subject to specific regulations. Confirm if any Harvard activity under the contract will subject Harvard to such requirements. RegulationsĬertain activities abroad may trigger requirements for a permit, registration to do business, or compliance with foreign legal regulations. Examples include contracts under which the foreign party is involved in inviting people to events such as conferences, courses, and workshops providing services to such people or recruiting individuals to provide services to Harvard. Under University policy, contracts for foreign activities other than simple service agreements should contain non-discrimination provisions. ![]() Determine which jurisdiction would see lawsuits resulting from the contract if it’s outside the U.S., you’ll need to confirm that Harvard is comfortable with the foreign law. Many contracts include a clause identifying the governing law for the contract and the method of dispute resolution. You should also be precise about how currencies are designated (e.g. ![]() Based on the business need, determine which currency the payments are made in and how the foreign exchange is handled. Foreign exchange rates can affect your project budget.
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