International Collaborations and Agreements Procedure

International Collaborations and Agreements Procedure

1. The purpose of our procedure

Our International Collaborations and Agreements procedure outlines the process for developing, establishing, monitoring and reviewing international agreements

International agreements are formal arrangements between Adelaide University and international partners, designed to foster collaboration in learning, teaching, research, and innovation.

Please read this procedure in conjunction with the [International Collaborations and Agreements Policy]. 

2. What our procedure applies to

2.1 Inclusions

This procedure applies to Adelaide University staff involved in establishing and managing agreements with international partners. These may include:

  • general academic, research and teaching collaboration with international institutions (such as memoranda of understanding, letters of intent and cooperation agreements)
  • mobility programs for staff and students (including coursework and graduate research students)
  • pathways and articulation programs (such as English language pathways, articulation agreements, credit transfers and dual awards)
  • sponsorships, scholarships and philanthropy
  • general research-related activities with international partners (such as research memoranda of understanding, research training, joint supervision and visiting fellowships).

Agreements with institutions within Australia that sponsor international students, as well as those that support overarching international mobility experiences, are also included under this procedure.

Definitions of our agreement types are provided in Appendix 1.

2.2 Exclusions

This policy does not apply to domestic research-related activities, consultancies, sponsorships or industry agreements that involve domestic partners.

3. Who holds a responsibility within this procedure

3.1 The Proponent is responsible for: 

  • conducting due diligence on prospective international partners, including submitting foreign compliance reviews
  • submitting agreement proposals to the [International Agreements team].

3.2 The [International Agreements team] is responsible for: 

  • reviewing submitted agreements and coordinating endorsements and approvals in accordance with the Delegations of Authority
  • providing monthly reports on each agreement to the Office of the Deputy Vice Chancellor, International and External Engagement
  • recording communications and executed agreements in accordance with the [Record Management Procedure]
  • submitting Foreign Arrangement Scheme (FAS) Notifications to the Department of Foreign Affairs and Trade as required.

4. Our International Collaborations and Agreements procedure

4.1 Formalising international collaborations as Agreements

International collaborations must be formalised as Agreements if Adelaide University or the partner intends to commit significant resources such as staff time, student exchanges, intellectual property, or the sharing of sensitive information. Agreements may be bilateral or multilateral, and may apply University-wide, or at a college, institute, or division level.

Agreements should clearly set expectations to minimise disputes and document the allocation of risk and resources. International agreements must meet the criteria outlined in the [International Collaborations and Agreements Policy].

Before proposing an agreement, the Proponent must:

  • conduct due diligence and evaluate the proposed partnership to mitigate risks associated with non-viable, disreputable, or unethical collaboration, including submitting a Foreign Compliance Review as outlined in the [Foreign Compliance Policy and Procedure].
  • evaluate the strategic benefits and associated risks, including:
    • alignment with Adelaide University’s international objectives
    • legal and regulatory compliance
    • geopolitical risk
    • financial implications
    • operational feasibility
    • impact on existing relationships
  • evaluate resource requirements to ensure sufficient capacity for implementing, managing and scaling the agreement
  • consult with relevant Adelaide University staff for advice and guidance on viability of the intended agreement.

4.2 Submission and approval of an international agreement proposal

Proposals must be submitted to the [International Agreements team] for approval to establish a new agreement. Proposals must:

  • provide a description of the prospective partner including the results of due diligence, such as:
    • organisational ownership, governing body, legal status and structure
    • reputation status (international rankings and networks), including evidence of financial probity, where applicable
  • provide a description of the intended agreement, including:
    • each party’s role, responsibilities and obligations
    • the collaboration’s objectives and expected outcomes
    • the actions and timeframes required to achieve those outcomes
  • identify potential risks and actions required to mitigate them
  • identify any financial, taxation or regulatory implications
  • nominate an agreement manager, responsible for implementing the agreement and liaising with internal and external stakeholders, as applicable.

The [International Agreements team] will review the proposal and coordinate relevant endorsements and approvals, including: 

  • endorsement by the relevant [Branch Executive Director]
  • endorsement by the Deputy Vice Chancellor, International and External Engagement in cases where the proposal relates to a College or one or more Schools
  • approval by the relevant Delegation Holder as per the Delegation Policy. 

Proposals that are not approved will be returned to the Proponent with an explanation of the reasons for non-approval.

4.3 Preparation and signing of the agreement

Upon approval of the project proposal, the [International Agreements team] will consult with Legal Services, the agreement manager and any other relevant areas to draft the formal agreement.  

Adelaide University prefers to use its own agreement templates. If a partner provides a template, Legal Services must review and edit it to ensure Adelaide University’s requirements are met. If a translation is required, it must be prepared or reviewed by a certified translator. Costs must be covered by the proponent area

An authorised Adelaide University delegate must sign the agreement in accordance with the Delegation Policy. 

4.4 Notification of the agreement and recordkeeping

The fully executed agreement will be lodged as a legal document in accordance with the [Records Management Procedure]. The [International Agreements team] will notify relevant Adelaide University stakeholders once the agreement is executed.

The [International Agreements team] must also record communications with internal and external stakeholders during agreed negotiations, in accordance with the [Records Management Procedure].

Where the agreement is a FAS Arrangement, the [International Agreements team] will submit the FAS Notification to the Department of Foreign Affairs and Trade’s FAS Online Portal. If the agreement involves research-related activities, the [Research Services team] will submit the FAS Notification.

FAS Notification is required:

  • when Adelaide University decides to enter into, renew or amend a FAS arrangement, and the proposal has been approved by the relevant delegate
  • when all parties have signed or accepted the FAS arrangement, and a copy of the fully executed agreement is available.

4.5 Monitoring and reviewing the agreement

The agreement manager nominated by the proponent area is responsible for implementing, overseeing, and ongoing monitoring of the international agreement.

The [International Agreements team] will provide monthly reports for each executed international agreement to the Office of the Deputy Vice Chancellor, International and External Engagement.

4.6 Variation, extension and renewal of the agreement

The proponent area may recommend a variation or extension of an agreement by submitting an amendment request to the [International Agreements team] who will coordinate the required endorsements, approvals, notification, and recordkeeping as with new agreements.

The [International Agreements team] will also initiate an annual review of expiring agreements and seek advice from relevant agreement managers to renew or not renew the agreement. The decision to renew will depend on:

  • the outcomes achieved and continued strategic relevance of the collaboration 
  • the importance of the existing collaboration, particularly for University-wide agreements or those involving two or more colleges.

If the agreement is to be renewed, the [International Agreements team] will coordinate the required endorsements, approvals, notification and recordkeeping as with new agreements.

An international agreement may not be renewed due to factors including, but not limited to:

  • a change in Adelaide University’s strategic directions and priorities
  • insufficient activity during the agreement period
  • the business case or value proposition has not been realised or is no longer viable
  • changes within the international partner that adversely impact the collaboration
  • changes in laws, regulations or Adelaide University policy.

If an agreement is not renewed, the [International Agreements team], in consultation with the relevant agreement manager and following endorsement by the [Delegation Holder], will notify the international partner.

4.7 Termination of an agreement prior to the expiry date

If Adelaide University or the partner decides to terminate an agreement before its expiry date, the [International Agreements team] will consult with the relevant proponent area and with Legal Services, who will consider any notice provisions in the agreement.

A formal communication of Adelaide University’s decision to terminate an agreement must be sent to the international partner by the [International Agreements team] and include:

  • the basis for the decision to terminate
  • reference to the relevant termination provision in the agreement. 

If applicable, a termination plan, consistent with the terms and conditions of the agreement, should be developed to ensure adequate transition arrangements for affected staff or students. This may include a teach-out period, the return of any confidential information or disclosed intellectual property, and the revocation of any license to use Adelaide University’s name and brand.     

5. Definitions used in our procedure

Please refer to our Adelaide University glossary for a full list of our definitions.

Agreement Manager refers to the Adelaide University staff member responsible for the management of a specific signed agreement including liaison with both internal and external stakeholders as applicable.

Foreign Arrangement Scheme (FAS) Arrangement, as defined in section 9(1) of Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 and, for the purposes of the FAS, includes any written arrangement, agreement, contract, understanding or undertaking whether or not it is legally binding entered into with a Foreign Entity.

Foreign Arrangement Scheme (FAS) Notification refers to the submission of information to the Department of Foreign Affairs and Trade (DFAT) whenever an International Collaboration is a FAS Arrangement with a Foreign Entity.

International Agreement refers to a formal document recognising the establishment of a relationship between Adelaide University and one or more International Institution(s) for (a) learning, teaching and/or (b) research and innovation activities.   

International Institution refers to foreign higher education institutions, research institutions, industry, foreign governments, foreign political organisations, foreign government-related entities, sponsors, scholarship providers, as well as organisations or corporations that are not governed exclusively by the laws of Australia and, for the purpose of this Policy, includes Australia-based branches and agencies of International Institutions.

International Partner refers to International Institutions with which Adelaide University has signed an International Agreement.

Proponent refers to Adelaide University staff member proposing an International Collaboration.

Proponent area refers to Adelaide University’s Division, College, School, Branch, Institute or Centre in which the Proponent works.

Proposal refers to the document prepared by a Proponent to seek endorsement for the establishment, renewal or a variation of an International Agreement.

Teach-out period refers to the time frame during which a course or program, no longer accepting new enrolments, continues to be offered to allow existing students to complete their studies.

University-wide agreement refers to an International Agreement between Adelaide University and one or more International Partners where the scope of the agreement involves more than one Division, College, School, Branch, Institute or Centre or different units within the same or Division, College, School, Branch, Institute or Centre.   

6. How our procedure is governed

This procedure is categorised, approved and owned in line with the governance structure of Adelaide University and the offices and officers listed below.

Parent policy

International Collaborations Policy

Policy categoryTransition Council/Council

Approving authority

Co-Vice Chancellors/Vice Chancellor and President

Policy ownerDeputy Vice Chancellor International and External Engagement

Responsible Officer

Deputy Vice Chancellor International and External Engagement

Effective from

[Take-effect date]

Review date

[3/4/5 years after date this version is approved, TBC]

Enquiries

Interim Central Policy Unit/[Central Policy Unit]
staff.policy.enquiries@adelaideuni.edu.au

Replaced documents

None


7. Legislation and other documents related to this procedure

CategoryDocuments
Associated proceduresContracts and Agreements Procedure
International Agreements Procedure
Credit Procedure
Coursework Scholarships, Grants and Prizes Procedure
Foreign Compliance Procedure
Related policy documentsForeign Compliance Policy
Sponsorship Policy
Student Administration Policy
Recognition of Prior Learning Policy
Research Operations Policy
Fraud and Corruption Policy
Referenced legislationAustralia's Foreign Relations (State and Territory Arrangements) Act 2020
Adelaide University Act 2023
Related legislationAutonomous Sanctions Act 2011 (Cth)
Autonomous Sanctions Regulations 2011 (Cth)
Defence Trade Controls Act 2012 (Cth)
Education Services for Overseas Students Act 2000
Foreign Influence Transparency Scheme Act 2018
Higher Education Standards Framework 2021
National Code of Practice for Providers of Education & Training to Overseas Students 2018
External referencesGuidelines to Counter Foreign Interference in Australian Universities
Department of Foreign Affairs and Trade’s FAS Online Portal.


8. History of changes

Date approvedTo section/clausesDescription of change
[DD Month Year] N/ANew procedure

At the time of writing, Adelaide University’s organisational structure, position titles, and committee names have not been confirmed. Square brackets [ ] indicate placeholders for these details. Brackets are also used to identify policy elements that are subject to further decision-making or confirmation. These will be updated once final decisions are made.

9. Appendix

9.1 Agreement Type Definitions

Memorandum of understanding (MoU)

A high-level statement of intent to cooperate for specific purposes and related outcomes. It may precede more detailed formal agreements that set out the terms and conditions.

Some MoU contain binding confidentiality and public releases clauses.

Letter of Intent A high-level, non-binding statement of intention to co-operate for one or more specific purposes. Rarely used, as MoU is the preferred document for high-level statements.  
Student Exchange CourseworkAgreement to enable enrolled students to study at an international university for one or two semesters. May be university-wide or discipline-specific. Courses taken while on exchange can be counted towards the academic qualification for which the student is enrolled.  Must be reciprocal over time. Students pay tuition and other fees to their home institution and are exempt from fees at the host institution.
Student Exchange ResearchEnables research students to undertake mobility placements for up to 12 months between partner institutions. Fees are not charged by the host institution.
Staff Exchange Enables staff to travel to a partner university while remaining employed by their home university.
Erasmus+ Inter-InstitutionalAgreements for the exchange of students and/or staff under the European Erasmus+ funding program.
Study Abroad Agreement to host incoming students who enrol as non-award students for one or two semesters of study on a tuition fee-paying basis.
Study Tour (inbound/outbound)

Agreement through which students study at a partner host university for short-term programs. Study tours may be inbound or outbound and are generally for undergraduate students. Tuition fees may be payable.  Credit may or may not be earned towards degree at the home university.

May include agreements with third-party service providers that facilitate study tours.

Agreements are managed by the relevant Schools/Colleges and should align with Adelaide University’s Contracts Framework.   

Mobility Experience Provider AgreementsFramework agreements with partners (usually Australian corporations) to facilitate short-term overseas mobility experiences for students.
[Articulation] 

Agreements that enable students to progress from completed qualification (such as diploma, UG/PG program, or Pre-master program) to another program with credit in a defined pathway.

These arrangements must comply with the Recognition of Prior Learning Policy and Credit Procedure.

[Credit Transfer]

Agreements that provide students with agreed and consistent credit outcomes for components of a qualification based on identified equivalence in content and learning outcomes between matched qualifications.

These arrangements must comply with the Recognition of Prior Learning Policy and Credit Procedure.

[Dual Awards]

Agreements under which students from both institutions can acquire two degrees (one from home institution and one from the partner) through the mutual recognition of studies at both institutions. The definition is an interpretation of TEQSA’s Guidelines.

These arrangements must comply with the Recognition of Prior Learning Policy and Credit Procedure.

Sponsored studentsAgreements under which Adelaide University and another organisation (often a government) agree to sponsor students to study at Adelaide University, for example, by covering tuition fees, stipends or other costs.
Institutional Jointly Conferred Academic Coursework Award Agreement through which a coursework program is delivered jointly by two or more collaborating institutions whereupon students receive a single award conferred jointly by those institutions. This type of agreement must be approved and signed according to the relevant Policy.  
Institutional Jointly Conferred Academic PhD Award An overarching agreement with another institution(s) through which a program is delivered jointly by two or more collaborating institutions where upon completion students receive a single award conferred jointly by those institutions.  Multiple students may enrol under the agreement. This type of agreement must be approved and signed according to the relevant Policy.  
Institutional Collaborative SupervisionAgreements that facilitate joint PhD supervision programs. Students remain enrolled at their home institution for the duration of their candidature and are not eligible for an award or credit from the partner institution. Students may spend up to three months per year at the partner institution. Host institutions do not charge fees.