A Memorandum of Understanding should not give details of cooperation. That is why it is never appropriate to rely solely on a statement of intent. Once a Memorandum of Understanding has been concluded, it is important to take advantage of this positive momentum to agree on a more detailed cooperation agreement. Cooperation based solely on a Memorandum of Understanding will not adequately cover potential risks. While there is always an argument in favour of the absence of a declaration of intent and the immediate continuation of the negotiation of the cooperation agreement in order to avoid time and costs, experience shows that international cooperation often takes time to negotiate and that legal documents that support cooperation can often become complex, especially since the parties are not in an overall view of their obligations to cooperate. It is often tempting for the parties to make a statement of intent themselves on the basis that it describes the economic reality and not the legal feasibility of the business, but this could be a costly error and appropriate advice should be sought. The Memorandum of Understanding is the cornerstone on which the parties can negotiate and ultimately sign the cooperation agreement. It also serves as a checklist to ensure that all keywords have been included in the cooperation agreement. First, the parties can ensure that they are working for the same purpose and that long-term legal arguments can be avoided in the future. A Memorandum of Understanding sets a timetable for the transaction that gives the parties a clear direction on what to do and when.
The document will also be useful for the administrative preparation of cooperation, for example. B as the basis for tax returns. Cooperative training agreements can be signed with an existing IU partner or with non-partner institutions. Non-partner institutions should not promote the agreement as a partnership with the IU. The cooperation agreement sets out the main conditions and obligations of the parties. It is the document that governs cooperation. The Memorandum of Understanding is generally used as the basis for the development of the cooperation agreement. One of the keys to the development of a successful cooperation agreement is to ensure that there is good cooperation between the lawyer who develops the agreement and the person responsible for the cooperation. There are a number of risks that a lawyer can mitigate without any negative assistance from the institution, but the fact remains that the cooperation agreement will be most effective when it is developed taking into account this specific cooperation. It is for this reason that it is almost never appropriate to use a trade agreement for international cooperation. There are a plethora of issues that need to be addressed in the cooperation agreement.
Each cooperation will have its own characteristics and therefore its own risks. This is why some or all of the following questions could expose institutions to significant responsibility. However, the following themes will always be of the utmost importance. Who do you sign contracts with? How long do you support and how can you terminate the contract prematurely if necessary? Who`s doing what? Who`s paying what? What are the standards (for example. (B) academic, health and safety, regulatory and legal) to which the parties must comply and can the agreement be denounced if they are not respected? Before drafting an agreement, check the contract policy and policies and contact us if there are any questions. This model should be used for alternating programs where students from the IU and a partner university perform a certain number of credit hours at each university and acquire degrees from both the IU and the partner university.