Conclusion of international cooperation agreements - Guideline

The Catholic University of Eichstätt-Ingolstadt (KU) maintains a worldwide network of international university partnerships and cooperations in research and teaching. The International Office (IO) supports faculties and institutions in the initiation and administrative handling of new cooperation agreements.

Agreements on the implementation of research projects or bi-national doctoral procedures (cotutelle) are supervised by the Research Service Center (ZFF). The establishment of international study programmes (Joint or Double Degree Option) is jointly supported by the IO and the Programme Development Department (Studiengangsentwicklung). Information on funding opportunities for third-party funded projects and cooperation projects can be found on the DAAD Portal.

In the case of international university cooperations, a basic distinction must be made between three types of contract, which are described below and whose respective application processes are explained in more detail:

2.1 University-wide cooperation agreements

University-wide university cooperations encompass the entire KU; the contents of the cooperation agreement can be perceived by all faculties. They can be initiated on the initiative of university members or foreign universities. The application process is as follows:

1. In the run-up to a planned, new university-wide university cooperation, the IO examines university status and accreditations, as well as existing international cooperations and intersections of the profile of the foreign university with the KU. On this basis, the IO prepares a statement for the university management (HSL).
2. The IO coordinates the contents of the cooperation agreement with the foreign university and the legal department of the KU and submits the cooperation application to the university management meeting. Contracts that have not been previously agreed with the IO and the legal department are not treated by the HSL.
3. The HSL decides on the new cooperation.
4. The IO coordinates the signatures of the contracts.

2.2 Agreements at faculty or technical level

Cooperation agreements at faculty or subject level only apply to selected KU institutions, and only members of the respective faculty or subject benefit from them. The application process is as follows:

1. The respective faculty must agree to the cooperation agreement. In addition, an opinion of the applicant is required, outlining the benefits of the envisaged cooperation and justifying the agreement.
2. The IO then examines the university status, accreditations and international partnerships of the foreign university and prepares a statement for the HSL.
3. The IO coordinates the contents of the cooperation agreement with the foreign university, the faculty or subject area and the KU Legal Affairs Department and, in case of double-degree agreements, also with the Examinations Office and the Student Office and submits the cooperation application for the next meeting of the University Management.
4. The HSL decides on the new cooperation.
5. The IO coordinates signing of the agreement.

6. In case of double-degree agreements, the IO organizes a meeting of all involved groups (IO, faculty/subject area, Legal Affairs Department, Study Organization Department) to coordinate the actual implementation of the agreement (such as enrollment and status of students, implementation of exams, exchange of exam results, accreditation of study achievements, etc.). All groups involved will have access to the digital copy of the double-degree agreement via Mobility-Online as well as to all information necessary for implementation of the agreement.

2.3 Erasmus+ contracts (with institutions in Erasmus+ program countries)

Erasmus+ contracts with institutions in Erasmus+ program countries are concluded exclusively at faculty or subject level and are administratively supervised by the IO at the KU. When initiating a cooperation, a "Departmental Coordinator" must therefore be named by the relevant department as the contact person responsible for academic matters. He or she acts as a contact person for the IO in all academic matters.

Erasmus+ agreements are drawn up by the Erasmus+ university coordinator and coordinated with the IO of the Erasmus+ partner university.

The differences between non-binding letters of intent and binding cooperation agreements are explained below. Please note that the existence of a binding cooperation agreement (3.3) is absolutely necessary for a student exchange.

3.1 Letter of Intent

A Letter of Intent (LoI) is a non-binding declaration of intent confirming that the parties to the LoI are in negotiations to conclude a contract. A LoI should demonstrate the interest and seriousness of the discussions and negotiations. However, as it is not legally binding, there is no claim to the conclusion of the desired contract. Even if a LoI does not in principle create an obligation to conclude the intended main contract, individual provisions of the LoI, such as exclusivity clauses and non-disclosure agreements, are binding for the agreed duration.

3.2 Memorandum of Understanding

A Memorandum of Understanding (MoU) is a declaration of intent that is made and signed between several negotiating parties. The term originates from the US-American legal system. It is also a legally non-binding Memorandum of Understanding and is subject to the same principles as a LoI. In practice, the terms are sometimes used synonymously. The title of the document is not relevant. The decisive factor is the content, which shows that it is a non-binding declaration of intent - i.e. a LoI or MoU.

3.3 Cooperation agreement

However, a (cooperation) agreement has binding effect. A cooperation agreement can be concluded between two universities, faculties or also with another partner (society, association). It is usually designed as a framework agreement, i.e. the framework conditions (general rules) for cooperation are defined, but individual agreements are then concluded on a case-by-case basis.

The aim of a cooperation agreement is to bundle and promote existing contacts and cooperation. In a cooperation agreement, regulations can be made regarding the exchange of students, scientists and other university members, but also the joint execution of research projects, a summer school program or knowledge and technology transfer can be the subject of the agreement. The regulations to be made must always take into account the particularities of the respective objective. Example: For contracts concerning the exchange of students, the respective study and examination regulations must be observed; in particular, a regulation must be drawn up regarding the collection of tuition fees.

With the exception of Erasmus+ contracts, all cooperation agreements may include tacit renewal clauses for X years after the end of each contract period. Contracts without such a clause will be evaluated by the IO in good time before expiry (e.g. with regard to the exchange balance) and details of a contract extension will be agreed with the relevant bodies at the KU and with the IO of the partner university. Subsequently, the HSL decides on the continuation of the university cooperation.

Erasmus+ contracts may be concluded up to the end of a programme period. Subsequently, the subjects decide which Erasmus+ contracts are to be newly concluded by the end of the next programme period at the latest. The IO takes care of the administrative preparation and processing of new contracts.

The International Office already has templates for various types of contracts that have been agreed with the legal department. The contract language for partnership agreements is German or English. In the event that further language versions are available, only the German or English version shall prevail.

The partner in an agreement with another university is always the KU. Each agreement therefore requires a decision of the HSL and must be signed by the university management, usually by the president. The only exception to this is Erasmus+ agreements, which are concluded under the umbrella of the Erasmus+ program at subject level and therefore do not require separate approval by the university management.