I. The scope of activities of the International Contracts and Projects Office
1.1. Pursuant to § 6 of the Regulations of the Center for International Affairs, constituting Appendix No. 1 to Order No. 32/2022 of the Rector of AGH University of Krakow of May 9, 2022, the scope of SUMP activities includes in particular:
“coordination, reporting and administrative handling of agreements concluded between the AGH University and foreign universities, scientific and research institutions and international organisations.”
1.2. Types of the agreements
The scope of activities of the International Contracts and Projects Office includes, in particular, the following types of agreements:
1. General agreements on mutual intent, the so-called Memorandum of Understanding.
2. Agreements on joint education of students within the double degree.
II. The legal representative of the AGH University
In accordance with the provisions of the Statute of the AGH University, the person who is authorized to conclude agreements with international partners on behalf of the AGH University is His Magnificence Rector of the AGH University of Krakow (see Article 19 of the AGH University Statute): “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. General Agreements concluded at the request of an organizational unit of the AGH University
a) An organizational unit of the AGH University initiating conclusion of an agreement on cooperation between the AGH University and a foreign university is required to contact via mail with MA Monika Kita (mkita@agh.edu.pl) in order to receive a template of the agreement or initial information about the agreement prepared by the unit initiating conclusion of the contract by its own.
b) The prepared General Agreement together with the scan of covering letter from the Dean of the Faculty addressed to His Magnificence Rector of the AGH University containing the request for considering the conclusion of the General Agreement shall be sent to mail address mkita@agh.edu.pl. The covering letter should include the necessity for conclusion of the General Agreement, demonstrate the future benefits of the cooperation both for the organizational unit and the AGH University, 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 template MoU available in CIA), the prepared document shall be submitted to the Attorneys at Law Team (hereinafter referred to as “ALT”) for an opinion to ensure that it is formally valid and satisfies the legal requirements.
d) After an issuing the opinion by ALT 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 to the Vice Rector for Cooperation, and then submitted to His Magnificence Rector of the AGH University of Krakow for signature.
f) If all the above mentioned formal requirements are fulfilled, the procedure is immediately finalised.
III. 2. General Agreement concluded at the request of a Foreign University
If a foreign university sends a proposal, written in English or another foreign language, of conclusion of General Agreement to the AGH University to the Faculty which with it wants to initiate cooperation with by email or in a letter form, the following actions shall be undertaken:
a) The General Agreement shall be translated into Polish (the Department of Foreign Languages), and next it shall be submitted to ALT to obtain an opinion in terms of formal and legal compliance.
b) If the General Agreement is not amended by ALT, it should be submitted to CIA together with the covering letter to His Magnificence Rector of the AGH University of Krakow. The covering letter shall contain information on the partner university and contact of the person to at the AGH University.
c) If there are any objections raised by ALP, the General Agreement 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 General Agreement, signed by the Partner University Authorities, to the AGH University, 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 General Agreement, the AGH University will have to withdraw from cooperation with this University.
d) If all the above mentioned conditions have been complied, the procedure shall be deemed to have been completed.
Final Provisions:
a) The General Agreement 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.
b) A General Agreement 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 General Agreement is the Polish language version.
c) When the General Agreement is concluded, the original of the General Agreement must be submitted to the AGH University Rector’s office, and its copies must be submitted to CIA.
[1] The above applies only to those agreements which are in the field of competence of the CIA of the AGH University.
[2] The template of MoU was prepared in cooperation and with assistance of the ALT of the AGH University.
