Administering a Global Portfolio: Challenges in Managing International Projects Cheryl George, Kara...
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Administering a Global Portfolio: Challenges in Managing International Projects Cheryl George, Kara Amoratis, Sue Wiedemer ACOR Retreat September 5, 2012
Administering a Global Portfolio: Challenges in Managing
International Projects Cheryl George, Kara Amoratis, Sue Wiedemer
ACOR Retreat September 5, 2012
Slide 2
As Universities Expand Abroad, Risks & Obligations Do As
Well To meet the needs of INTERNATIONALIZATION.. increased activity
abroad and at home new types of activity increased travel risk
increased host country requirements and enforcement increased USG
reporting and compliance obligations...administrative coordination
is essential 2
Slide 3
Internationalization Means New Activities International
operations support structure needs to be nimble and centrally
coordinated to meet new needs at home and abroad. Research
collaboration is becoming more complex Collaborative degrees
present new issues for accreditation and matriculation Faculty are
staying abroad longer and getting more involved Non-U.S. funding
sources Independent student travel for research and internships
Faculty-led small group travel is increasing Destinations are more
diverse and may present new risks 3
Slide 4
Increased Host Country Engagement Host countries are becoming
more thorough in enforcing disclosure, labor, tax and registration
requirements. Cannot assume U.S. non-profits will be exempt in
foreign countries U.S. educational institutions sued for employee
benefits New registration rules in many countries Bahrain,
Venezuela, Sudan, Egypt and Iran have recently tightened
registration requirements .and fines and penalties (including
imprisonment) can be costly, and imposed personally upon individual
employees. 4
Slide 5
Increased U.S. Government Reporting Requirements New USG
requirements have had a great impact on data collection efforts.
IRS Form 990, Schedule F and R Foreign Bank Account Reports (FBAR)
Higher Education Act of 1965 Department of Commerce BE-125 Report
IRS Form 5713 (International Boycott Report) Federal Funding
Accountability and Transparency Act Dept. of Commerce - Bureau of
Industry and Security Form BIS 621P Clery Act Application to
Education Abroad . and many U.S. institutions are just becoming
aware of this. 5
Slide 6
Compliance Needs You must have an administrative structure that
supports U.S. regulatory compliance... Export Controls Office of
Foreign Asset Control Anti-Boycott Laws Foreign Corrupt Practices
Act . as evidenced by increased auditing and government oversight
in nearly every region of the world. 6
Slide 7
Compliance Needs And you must have an administrative structure
that supports foreign country legal compliance... Better tracking
of activities abroad More nimble process for providing operations
support abroad Clear process for assessing, in advance, costs of
in-country compliance for proposed activities Promote better
understanding of the implications of certain types of activities
abroad. . to avoid liability, penalties or under-prediction of
project costs. 7
Slide 8
Global Operations Infrastructure Task Force Charged November
2010 Led by Peter Schiffer & Dave Richardson Recommendations:
Form WGGOS Resolve 42 identified issues Create a website Audit
current international activities Recommend a data collection tool
Charged November 2010 Led by Peter Schiffer & Dave Richardson
Recommendations: Form WGGOS Resolve 42 identified issues Create a
website Audit current international activities Recommend a data
collection tool
Slide 9
Working Group for Global Operations Support Charged April 2011
Standing committee with members from: Finance & BusinessGlobal
Programs Sponsored ProgramsMedical School Research ProtectionsRisk
Management Information TechnologyFaculty General CounselHuman
Resources Working Group for Global Operations Support Charged April
2011 Standing committee with members from: Finance &
BusinessGlobal Programs Sponsored ProgramsMedical School Research
ProtectionsRisk Management Information TechnologyFaculty General
CounselHuman Resources Form WGGOS
Travel Security/Preparation Review travel restriction policies
for all groups Assess pre-departure preparation for non-EA groups
Clarify and publicize insurance for all Clarify emergency
preparedness for all Draft data privacy/laptop guidelines Provide
travel resources Review travel restriction policies for all groups
Assess pre-departure preparation for non-EA groups Clarify and
publicize insurance for all Clarify emergency preparedness for all
Draft data privacy/laptop guidelines Provide travel resources
Slide 12
Legal Issues Resolve controlling law and translation policy for
international agreements Adopt agreements approval process Assess
guidelines on prohibited parties/embargoed countries Assess
compliance needs for currency, financial, banking regulations
Provide advice for compliance with FCPA Resolve controlling law and
translation policy for international agreements Adopt agreements
approval process Assess guidelines on prohibited parties/embargoed
countries Assess compliance needs for currency, financial, banking
regulations Provide advice for compliance with FCPA
Slide 13
Financial Operations Address hiring, procurement and leasing
abroad Draft advice on banking and funds transfer Draft advice on
equipment transfer Address Anti-boycott laws and other tax
reporting issues Assess expense-reporting policies abroad Assess
overhead rates abroad Address cost allocation for consultants
Address hiring, procurement and leasing abroad Draft advice on
banking and funds transfer Draft advice on equipment transfer
Address Anti-boycott laws and other tax reporting issues Assess
expense-reporting policies abroad Assess overhead rates abroad
Address cost allocation for consultants
Slide 14
Research Integrity/ Medical Operations Clarify research
integrity process (IRB, etc) for research collaboration with
non-U.S. partners Draft guidelines on endangered species,
import/export of wildlife and plants, DNA Draft cultural property
advice, provide resources Review clinical research policies for
application abroad Clarify research integrity process (IRB, etc)
for research collaboration with non-U.S. partners Draft guidelines
on endangered species, import/export of wildlife and plants, DNA
Draft cultural property advice, provide resources Review clinical
research policies for application abroad
Slide 15
Academic Issues Review provisions for graduate and post-doc
exchanges Clarify faculty exchange policies Consider what
additional policies are needed for research information sharing
Review provisions for graduate and post-doc exchanges Clarify
faculty exchange policies Consider what additional policies are
needed for research information sharing
Slide 16
Export Control Compliance Assess current compliance
infrastructure Consider broader access to compliance software
(Visual Compliance) Establish communications guidelines for
research collaboration Assess guidelines for labs and facilities
Establish language for collaboration agreements Assess current
compliance infrastructure Consider broader access to compliance
software (Visual Compliance) Establish communications guidelines
for research collaboration Assess guidelines for labs and
facilities Establish language for collaboration agreements
Slide 17
Global operations guidance in one place Housed with Global
Program websites Link to other websites Provide Contacts for
Answers Global operations guidance in one place Housed with Global
Program websites Link to other websites Provide Contacts for
Answers Create a Website
Slide 18
Slide 19
U.S. reporting requirements Compliance requirements Travel
security for all constituents Managing institutional risk Strategic
tracking for better support/coordination U.S. reporting
requirements Compliance requirements Travel security for all
constituents Managing institutional risk Strategic tracking for
better support/coordination Information Collection Needs
Slide 20
Use current sources of information? SIMSDevelopment database
ERSIntellectual property database Travel onLionAgreements database
IBISISFVS database ISIS Data WarehouseRM Groups database Global
Reach PortalInformation requests Use current sources of
information? SIMSDevelopment database ERSIntellectual property
database Travel onLionAgreements database IBISISFVS database ISIS
Data WarehouseRM Groups database Global Reach PortalInformation
requests Data Collection Snapshot
Slide 21
Pre-Travel Registries Undergraduates only Undergraduates,
credit program only Faculty, staff and students recommended
Faculty, staff and students mandatory Research and Activity
Registries Mandatory for certain international activity/ voluntary
Data Flagging for IRS 990 Reporting Annual survey Pre-Travel
Registries Undergraduates only Undergraduates, credit program only
Faculty, staff and students recommended Faculty, staff and students
mandatory Research and Activity Registries Mandatory for certain
international activity/ voluntary Data Flagging for IRS 990
Reporting Annual survey Benchmarking
Slide 22
Boston University Duke University George Washington University
Harvard University Michigan State University Stanford University
University of Michigan University of Minnesota University of
Pennsylvania Yale University Boston University Duke University
George Washington University Harvard University Michigan State
University Stanford University University of Michigan University of
Minnesota University of Pennsylvania Yale University Peer
Institutions
Slide 23
Penn State Options Being Considered Travel registry mandatory
for students Faculty/staff: Self-reporting enforced by
colleges/departments or Mandatory central registry with 4 questions
& Annual/quarterly survey to follow-up Comprehensive travel
insurance Travel registry mandatory for students Faculty/staff:
Self-reporting enforced by colleges/departments or Mandatory
central registry with 4 questions & Annual/quarterly survey to
follow-up Comprehensive travel insurance
Slide 24
Operations Abroad Sue Wiedemer, Associate Controller Logistical
guidelines for operating abroad Legal issues of operating abroad
Sue Wiedemer, Associate Controller Logistical guidelines for
operating abroad Legal issues of operating abroad
Slide 25
Establishing Operations Abroad Getting Established Abroad
Foreign Bank Accounts and Transfers Employment and Hiring Abroad
Procurement, Leasing, and Renting Abroad Transfer of Materials and
Equipment Abroad Getting Established Abroad Foreign Bank Accounts
and Transfers Employment and Hiring Abroad Procurement, Leasing,
and Renting Abroad Transfer of Materials and Equipment Abroad
Slide 26
1)Work through an in-country partner; 2)Retain a third-party
provider; 3)Establish Penn State entity in-country to: -comply with
applicable laws -accommodate payroll services 1)Work through an
in-country partner; 2)Retain a third-party provider; 3)Establish
Penn State entity in-country to: -comply with applicable laws
-accommodate payroll services Must have approval from Controller
& GC Getting Established Abroad
Slide 27
1)Several options available 2)Contact FO prior to travel (as
early as possible) -discuss best options -make arrangements
1)Several options available 2)Contact FO prior to travel (as early
as possible) -discuss best options -make arrangements Foreign Bank
Accounts & Transfers
Slide 28
1)Hiring non-U.S. citizens overseas complex and requires robust
infrastructure to: -comply w/ local tax, labor laws -adhere to
reporting procedures -provide payroll services 2)All hiring to be
cleared prior to employment 3)Long-term arrangements to be reviewed
by Penn States Director of Payroll & Tax Services 1)Hiring
non-U.S. citizens overseas complex and requires robust
infrastructure to: -comply w/ local tax, labor laws -adhere to
reporting procedures -provide payroll services 2)All hiring to be
cleared prior to employment 3)Long-term arrangements to be reviewed
by Penn States Director of Payroll & Tax Services Must have
approval from Controller & GC Employment & Hiring
Abroad
Slide 29
1)May require special processes 2)Contact FO -consider
transactional needs in advance -discuss plans 1)May require special
processes 2)Contact FO -consider transactional needs in advance
-discuss plans Procurement, Leasing & Renting
Slide 30
Federal Law may require special licensing or reporting for:
export-controlled materials; shipments over $2,500; some
international destinations (Cuba, Iran, North Korea, Sudan, Syria);
specific items (rough diamonds) Federal Law may require special
licensing or reporting for: export-controlled materials; shipments
over $2,500; some international destinations (Cuba, Iran, North
Korea, Sudan, Syria); specific items (rough diamonds) Transfer of
Materials & Equipment
Slide 31
Operations Abroad Cheryl George, Export Compliance Officer
Export Control Guidelines Research Collaboration Concerns Cheryl
George, Export Compliance Officer Export Control Guidelines
Research Collaboration Concerns
Slide 32
Working with International Colleagues Export Control Laws
Restricted Countries, Persons, and Entities Anti-Boycott Laws
Payments and Gifts to Foreign Officials Research Collaboration
Export Control Laws Restricted Countries, Persons, and Entities
Anti-Boycott Laws Payments and Gifts to Foreign Officials Research
Collaboration
Slide 33
Export Control Laws: - control the export of certain
technologies, software, hardware - regulate the transfer of items,
technology, software, services - apply to ALL activities with
foreign persons and countries Export Control Laws MAY restrict: -
foreign nationals from participating in research - University
personnel from providing services (including training) to foreign
nationals - shipment of equipment, parts, technology or software to
foreign countries - the ability to collaborate with researchers in
foreign countries Export Control Laws: - control the export of
certain technologies, software, hardware - regulate the transfer of
items, technology, software, services - apply to ALL activities
with foreign persons and countries Export Control Laws MAY
restrict: - foreign nationals from participating in research -
University personnel from providing services (including training)
to foreign nationals - shipment of equipment, parts, technology or
software to foreign countries - the ability to collaborate with
researchers in foreign countries Export Control Laws
Slide 34
This program scans 70 different federal sites to search for
individual names and organizations that are being watched by the
federal government because of actions that oppose U.S. security and
economic interests. Export Control Laws
Slide 35
Anti-boycott laws are handled through the Office of
Anti-boycott Compliance (OAC) under the Bureau of Industry and
Security (BIS).
http://www.bis.doc.gov/complianceandenforcement/index.htm#oac
Export Control Laws
Slide 36
Payments and gifts to foreign officials..is that illegal? U.S.
Department of Justice United States Attorney's Office District of
Columbia (202) 514-6933 Chiquita Brands International, Inc., Pleads
Guilty to Making Payments to a Designated Terrorist Organization
and Agrees To Pay a $25 Million Fine Export Control Laws
Slide 37
International research collaborations cannot claim the
fundamental research exemption. Must have an export review because
it is important to know who we are collaborating with. It is also
important to know what we will be shipping or creating and sending
abroad A license could be necessary before we send technologies
abroad. Export Control Laws
Slide 38
Penn States Export Control web pageExport Control web page
Laptops and Cell Phones Abroad (Global Operations website)Global
Operations website Penn States Export Control ManualExport Control
Manual Penn States Export Control Policy RA18Policy RA18 Penn
States Export Control Policy RAG11Policy RAG11 General Counsels
Advisory on Export Control: Explanation of Impact of Fundamental
Research Exclusion General Counsels Advisory on Export Control:
Explanation of Impact of Fundamental Research Exclusion Penn States
Export Control web pageExport Control web page Laptops and Cell
Phones Abroad (Global Operations website)Global Operations website
Penn States Export Control ManualExport Control Manual Penn States
Export Control Policy RA18Policy RA18 Penn States Export Control
Policy RAG11Policy RAG11 General Counsels Advisory on Export
Control: Explanation of Impact of Fundamental Research Exclusion
General Counsels Advisory on Export Control: Explanation of Impact
of Fundamental Research Exclusion Export Control Laws:
Resources