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Contracting with International Sponsors

Policy
Purpose: 

The Vice Chancellor for Research strongly supports the connections our investigators have with international institutions. This policy articulates KUCR policies related to the language in which contracts are written, the currency in which payment is to be made, and the governing law for such agreements.

Applies to: 

Principal Investigators, Faculty, Staff, and Students paid from Sponsored Projects.

Campus: 
Lawrence
Policy Statement: 

Language

Occasionally, a sponsor may present us with an agreement in support of a sponsored project that is not written in English. We prefer to only sign agreements in English, but if the sponsor is unable or uncomfortable signing only an English contract we will be guided by this policy. When presented with a contract or other agreement that is not written in English, KU/KUCR will request a certified translation be made available. KU/KUCR will sign both English and foreign-language agreements with the understanding that the English version represents the understanding of KU/KUCR, and the foreign-language version represents the understanding of the international sponsor. In the event of conflict, KU/KUCR and the sponsor will work in good faith to resolve said conflict.

Currency of payment

KU/KUCR will require payment be made in advance and in U.S. currency for all sponsored projects funded by international institutions. If foreign currency is used as payment, a U.S. dollar equivalent will be stated in the agreement, and the foreign currency risk exposure may need to be approved prior to acceptance of the contract.

Governing law

It is the policy of KU and KUCR not to agree to jurisdiction in or governing law of any place other than the State of Kansas.

Exclusions or Special Circumstances: 

Any exception from this policy requires Vice Chancellor for Research approval.

Consequences: 

Financial liability resulting from exceptions to this policy may rest with the department or unit managing the award.

Contact: 

Kristi Billinger, Assistant Vice Chancellor
Office of the Vice Chancellor for Research
Youngberg Hall
2385 Irving Hill Road
Lawrence, KS 66045
785-864-7231

Approved by: 
Vice Chancellor for Research
Approved on: 
Tuesday, December 28, 2010
Effective on: 
Tuesday, December 28, 2010
Review Cycle: 
Annual (As Needed)
Background: 

Contracting with international sponsors for research and other activities poses unique challenges. KU and KUCR support the activities and relationships that our investigators have with international sponsors, but must take care in managing the agreements under which such arrangements are made. Language barriers can pose difficulties in clear communication, currency fluctuations can drastically affect our spending power, and it is not uncommon for foreign governments to request governing law issues to be managed under their country's laws. These issues pose considerable financial risk to KU and KUCR and this policy has been developed to reduce these risks while not impeding the research of our investigators.

Keywords: 
Contracts, Sponsored Projects, Agreements, Governing Law
Review, Approval & Change History: 

01/23/2015: Policy formatting cleanup (e.g., bolding, spacing).

06/16/2014: Updated title for 'Office of Research', changed Approved by to reflect title of official, updated required Campus field (Lawrence), minor formatting updates.

07/22/2013:  Updated contact information.

Research and Sponsored Projects Category: 
Research and Sponsored Projects

Moderation History

Updated: June 28, 2015 - 21:27

Log message: Edited by ShellyL@ku.edu - updated Review, Approval & Change History to show in reverse chronological order.

Updated: January 23, 2015 - 16:35

Log message: Edited by ShellyL@ku.edu - updated Review, Approval & Change History to show in reverse chronological order.

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