The Procedure for the conclusion of international agreements

The Procedure for the conclusion of international agreements [1]

I.  The scope of activities of the Department of International Relations.

 1.1. The Department of International Relations (hereinafter referred to as “DWZ”), pursuant to paragraph 21 (2) of the Organisational Regulations of the AGH UST, is charged with: coordination, reporting and administrative handling of agreements concluded between the AGH UST and foreign universities, scientific and research institutions and international organisations.

1.2. The scope of activities of the Department of International Relations includes, in particular, the following types of agreements:

1. General agreements on mutual intent, the so-called  Memoranda of Understanding.

2. Agreements on joint courses/ curriculum development within the double degree /diploma programme.

3. Interinstitutional agreements within the Erasmus+ programme and other EU educational programmes.

II. The legal representative of the AGH UST

In accordance with the provisions of the Statutes of the AGH UST, the person who is authorized to conclude agreements with international partners on behalf of the AGH UST is His Magnificence Rector of the AGH University of Science and Technology (see Article 19 of the AGH UST Statutes): “The Rector is the person entitled to make all decisions concerning the University,… , in particular, to conclude agreements on cooperation with national and international institutions”).

III. The procedure for the conclusion of Memoranda of Understanding

III.1. A Memorandum of Understanding (MoU) concluded at the request of an organizational unit of the AGH UST

a) An organizational unit preparing an agreement on cooperation between the AGH UST and a foreign university may use the sample agreement which is available in DWZ (Build. C-1, Room 108) in the following language versions: Polish, English, German, Spanish, Portuguese, French, Russian and Ukrainian [2].

b) The prepared MoU together with the covering letter from the Dean of the Faculty addressed to His Magnificence Rector of the AGH University of Science and Technology containing the request for considering the conclusion of the MoU shall be submitted to DWZ (Build. C-1, Room 108). The covering letter should: substantiate the necessity for concluding the MoU, demonstrate the future benefits of  the cooperation both for the organizational unit and the AGH UST, clearly indicate funding sources to cover the performance of the MoU, in particular, the travel expenses, accommodation and subsistence costs as well as the insurance costs with regard to all incoming and outgoing persons, tuition fees in the case of agreements providing for an exchange of students/doctoral students, and specify all matters of intellectual property resulting from joint research work.

c)  In the case of drafting a MoU independently by the person concerned (without using the sample MoU available in DWZ), the prepared document shall be submitted to the Legal Adviser Team (hereinafter referred to as “ZRP”)for an opinion to ensure that it is formally valid and satisfies the legal requirements.

d) On issuing the opinion by ZRP and implementing any relevant corrections, the wording of the MoU shall be translated into English or into the official language of the partner university.

e) Afterwards, the MoU together with the covering letter of the Dean of the Faculty is presented (by the Head of the DWZ) to the Vice Rector for Cooperation, and then submitted to His Magnificence Rector of the AGH University of Science and Technology for signature.

f) If all the above mentioned formal requirements are fulfilled, the procedure is immediately finalised.

III.2.   A Memorandum of Understanding concluded at the request of a Foreign University.

If a foreign university sends a proposal, written in English or another foreign language,  of a MoU to the AGH UST or to the Faculty it wants to initiate cooperation with by email or in a letter form , the following actions shall be undertaken:

a) The MoU shall be translated into Polish (the Department of Foreign Languages), and next it shall be submitted to ZRP to obtain an opinion in terms of formal and legal compliance.

b) If the memorandum is not amended by DWZ, the MoU shall be submitted to DWZ together with the application to His Magnificence Rector of the AGH University of Science and Technology. The application shall contain information on the Partner university and contact particulars of the person to be contacted at the AGH UST.

c) If there are any objections raised by ZRP, the MoU shall be corrected accordingly and sent to the Partner University for the purpose of further negotiations.

·         If the Parties reach an agreement on all the provisions which were negotiated, the Partner University shall send the MoU, signed by  the Partner University Authorities , to the AGH UST, and then the procedure shall be deemed to have been completed.

·         However, if the Foreign University does not approve the amendments to the text of the MoU, the AGH UST will have to withdraw from cooperation with this University.

d) If all the above mentioned conditions have been complied with, the procedure shall be deemed to have been completed.

Final Provisions:

a) The MoU shall be drawn up in the official languages of the Partner Universities (e.g. Polish and Spanish  if the Partner University is in Spain) or in English. The submission of the document in the Polish language version is obligatory pursuant to Art.6 of the Act of 7 October 1999 on the Polish Language (Journal of Laws No 90, item 999, as amended), under which such an obligation is imposed.

b) A MoU which is drawn up in the Polish language can have a foreign-language version/versions. Unless otherwise agreed by the Parties, the basis for the interpretation of the provisions of the MoU is the Polish language version.

c) When the MoU is concluded, the original of the MoU must be submitted to the AGH UST Rector’s office, and its copies must be submitted to DWZ.

__________________________________________________________________________________________________ [1] The above applies only to those agreements which are in the field of competence of the Department of International Relations (DWZ) of the AGH UST.

[2] The sample MoU was prepared in cooperation and with assistance of the Legal Adviser Team of the AGH UST.