Please follow the guidelines below when developing and formalizing international partnerships to help shape activities and assist with informed decision-making in accordance with applicable laws, regulations, policies, guidelines, mitigating any risk exposure.
Questions? Email intlops@gatech.edu
Involve Key Georgia Tech Stakeholders Early in Discussions:
- Vice Provost for International Initiatives
- Office of General Counsel
- Office of Sponsored Programs (if research is involved)
Evaluate Georgia Tech Mission and Benefit Alignment:
- Ensure that international initiatives are explicitly aligned with Georgia Tech’s overall mission.
- Clearly communicate the benefit to Georgia Tech in all relevant agreements, establishment documents, operational documents and informational materials.
Clarify Structure and Definition of Activities:
- Clearly structure and define proposed activities to help stakeholders:
- Determine Georgia Tech’s compliance obligations with applicable laws, regulations, policies, guidelines, and risk exposure; and
- Develop appropriate agreements with well-defined terms and conditions based on such structures.
Key Legal and Compliance Issues to Address
EXPORT CONTROL AND TRADE
Consult with the Export Control & Trade Team within the Office of the General Counsel (OGC) to:
- Conduct Restricted Party Screening of international entities using Visual Compliance.
- Evaluate proposed international activities to determine if such activities require an Export Review, which is more comprehensive than a Restricted Party Screening.
- Evaluate proposed international activities to determine if a Technology Control Plan (TCP) is needed.
- Note: A TCP may be required to safeguard and control access to items (e.g., data, information, materials, software, technology, etc.) that are subject to export regulations.
For additional information on export, please visit the Export Control & Trade and International Collaborations webpage.
FUNDING AND RESOURCE ALLOCATION
- Identify needed resources and funding sources, such as, U.S. federal, international corporations, international governments, private donations, etc.
- Establish a clear trail of funding allocations to avoid any potential prohibited or impractical funding paths.
- Coordinate with OGC to track foreign funds to comply with Georgia Tech’s Section 117 disclosure obligations to the U.S. government.
- Note: Georgia Tech is required to report payments from a foreign source of $250,000 or more in a calendar year under Section 117 Foreign Gift and Contract Reporting.
ENGAGING AND BUDGETING FOR EXTERNAL COUNSEL
- Allocate budget for external counsel services.
- Coordinate with OGC to engage external counsel with expertise in the relevant country’s laws to review and advise on legal, compliance, and risk matters.
- Consult with OGC to ensure external counsel understands the structure and operations of Georgia Tech as a Georgia state agency and its affiliated organizations.
- At a minimum, external counsel should provide guidance on:
- Georgia Tech’s legal and compliance obligations under the relevant foreign country’s laws for the proposed activities.
- Approval and authority to operate international activities in the relevant country.
- Establishment or operational documents.
- Employment, immigration, and payroll considerations (see below).
- Tax considerations for proposed Georgia Tech activities and employment context.
- Potential for creating a Permanent Establishment (PE) which can lead to local tax obligations.
- Note: PE occurs when an entity creates a taxable presence outside its home base, allowing the relevant foreign country to impose local taxes.
- Georgia Tech Trademark protection.
Note: This list is not exhaustive. Additional advice from external counsel may be needed for other areas depending on the specific activities contemplated.
EMPLOYMENT CONSIDERATIONS
- Consult with GT Global Human Resources and External Counsel regarding:
- Employment Needs and Pathways: Assess employment requirements for the proposed activities:
- Georgia Tech employees (on International Assignment)
- GT Affiliates (non-Safeguard Global employees)
- Safeguard Global employee (GT Affiliates)
- International independent contractors
- Employment Contracts and Payroll Administration:
- Develop employment contracts that comply with local and U.S. laws.
- Manage payroll administration and ensure local reporting compliance.
- Immigration and Tax Compliance:
- Ensure compliance with immigration laws, visa requirements and tax regulations.
- Health, Safety and Benefits:
- Implement health and safety measures in accordance with applicable laws.
- Provide appropriate benefits to employees.
- Additional Considerations:
- Design initiatives to comply with all relevant employment laws and regulations.
- Adhere to local and U.S. laws related to non-discrimination.
- Ensure that participation does not impact the employment status of Georgia Tech employees.
- Identify, report, and manage any conflicts of interest (COIs).
- Avoid creating unintended employer-employee relationships.
- Employment Needs and Pathways: Assess employment requirements for the proposed activities:
GLOBAL DATA SHARING AND PRIVACY
- Determine if any personal, sensitive category, or confidential data will be disclosed between or collected by or on behalf of Georgia Tech and/or the international entity in connection with any assessment, workshop or course.
- If personal data is to be collected or shared, please:
- Determine the type of personal data that will be used
- Identify the geographical location of the individuals whose data will be collected or shared.
- Note: A Data Processing Addendum may be required. Please consult with the OGC, the Data Privacy Office and/or external counsel, as appropriate.
- Ensure personal data is collected, maintained, and used by Georgia Tech in accordance with Georgia Tech Privacy Best Practices. For additional information, please visit Privacy webpage at https://generalcounsel.gatech.edu/ethics-and-compliance/privacy. For privacy questions, please contact Chief Privacy Officer within the OGC via privacy@gatech.edu.
- Ensure confidential or sensitive information is properly disclosed via a standalone Non-Disclosure Agreement (NDA) or an overarching agreement tailored to the specific activities, such as a research collaboration agreement.
- Additional Considerations:
- Consult with outside counsel to ensure compliance with all relevant data protection and privacy laws, both local and international.
- Implement technical measures to safeguard the data, including encryption and access controls.
- Regularly review and consult the Data Privacy Office regarding any new or changes to existing data processing practices to align with evolving legal requirements and best practices.
INTERNATIONAL RESEARCH
- Research Projects Involving International Activities and/or an International Sponsor:
- Please contact the Corporate & International Contracting Team within OSP. This team specializes in research agreements with foreign governments and private foreign entities.
- For additional details or specific assistance, please visit the Research with International Sponsors website.
- General Research Project Inquiries:
- Please contact OSP for initial research questions. OSP handles the majority of research-related matters and can provide guidance on your specific project needs.
- For additional information, please visit the OSP website.
GLOBAL TRADEMARK AND BRANDING STRATEGY
- Assess Trademark and Branding Usage:
- Determine the desired use of Georgia Tech trademarks and branding in the relevant foreign country. o Please contact Licensing in Institute Communications (IC) to verify if Georgia Tech has current trademark registration in that country for the specific marks intended for use.
- Note: Georgia Tech’s U.S. trademark protections do not extend to international jurisdictions. Therefore, protecting Georgia Tech’s trademarks and branding abroad is important, especially in countries without existing legal protections.
- Local Compliance:
- Check for possible confusion with Georgia Tech trademarks and branding, considering all appropriate languages.
- Trademark Registration Consideration:
- Consider trademark registration in international markets.
- Engage Institute Communication, OGC and external counsel, as needed, if no registration currently exists.