Overview
UPCEA members have the opportunity to build professional, continuing and online (PCO) educational partnerships with foreign universities as part of their institution’s internationalization strategy or thanks to grant funding from governments, foundations, or companies. This resource provides a broad overview of some of the most critical policies that affect international PCO programming. More importantly, it provides UPCEA members with the key questions to ask about a potential international PCO program in order to adequately measure the policy risk involved. Knowing what questions to ask during the project planning and vetting stage will help surface risks that can help UPCEA members judge the merits of a given international education project, and, if they proceed, avoid delays and challenges during implementation. This resource will not address the policies related to international student mobility given existing resources available from organizations like NAFSA and the large scale of the topic.
State, National and International Policies Matter to International PCO Programming
Prior to seeking funding for and engaging in international PCO programming, it is beneficial for UPCEA members to be aware of the relevant government policies and regulations that will affect a given international program and the extent to which each policy will influence the program. An unaccounted-for regulation in the United States, Canada or foreign country can cause implementation delays and program deficits, vexing both UPCEA members and their foreign counterparts. Knowing in advance the relevant policies helps avoid unanticipated labor costs related to policy compliance. On the flip side, demonstrating knowledge about relevant government policies in the US and foreign countries can strengthen UPCEA members’ grant proposals to funders.
Policies can exist simultaneously at different levels of government, which makes international policy compliance more complex than domestic policy compliance. There are state and national level policies in the U.S. and in the foreign country(ies), and there are transnational policies, such as in the European Union, that should be taken into consideration. Examples of policies that affect international PCO programs include, but are not limited to: export control policies, such as U.S. government policies that limit the transfer of or online teaching of sensitive research and technology to select foreign countries; foreign government policies that require U.S. universities to register as a foreign education provider prior to engaging in educational programs; taxation policies in foreign countries; university, state or national policies governing foreign student aid eligibility; and, of course, visa rules that impact student mobility.
Ten Questions to Identify Relevant Policies, Risks and Judge Opportunity
It is essential to have an understanding of the policies and regulations that can potentially impact an international PCO program, since non-compliance can have significant implications. Here are ten questions to pose as part of the policy discovery process. Answering these 10 questions can help determine which US and foreign policies exist and are the most impactful for the proposed international PCO program. These questions can be posed as part of an extensive or quick opportunity analysis of a given international program. Ultimately, answering these policy scoping questions (or recognizing that there is a lot of work to do to answer them) can help UPCEA members better judge the risk - reward of entering into international PCO programs.
This seems like a very basic question but by identifying the number of governance levels, you can identify the policies that may impact your international PCO program. A good foreign university partner can provide answers, as can the US Embassy in the country (the cultural attaché, typically.)
A unitary government structure simplifies matters considerably since you only need to become familiar with the Ministry of Education’s policies.
Again, your foreign university partner is typically the best resource to help you understand how regional and national education policies around online learning, workforce development, joint degree conferral, etc., interact.
While partnering with a local institution can be helpful in gaining a better understanding of local laws and restrictions (as is outlined above), these partnerships are not always permissible or can require unique recognition and approval (e.g., academic collaboration regulations). Additionally, such partnerships can subject the U.S.-based institution to unique requirements that pass through as a condition of entering into a formal partnership.
This can seem daunting, but keep in mind that this question only pertains to foreign countries where there are multiple government levels and policies that affect your international PCO program.
- If so, what is the annual cost to register and to maintain the registration?
- What are the tax implications for registering with the Ministry of Education?
- Are all of your university’s programs subject to review by the Ministry of Education or just the international project? If all of your university’s programs are subject to review by the Ministry, the risk to your university of undertaking a PCO project in the given foreign country will more than likely be too great. General Counsels do not wish to comply with a foreign country’s educational policies whenever possible.
- Does registering as a foreign education provider jeopardize your university’s standing in your state/province in any way? For example, some US state legislatures are increasingly skeptical of educational partnerships with select countries, such as the People’s Republic of China.
For example, the U.S. Department of Justice, not the Department of Education, recently promulgated new online learning accessibility standards under the Americans with Disabilities Act.
- The U.S. Embassy provides visa wait times for each post so this data is typically accessible via the U.S. Department of State website.
- Tourist or visitor visas like the B-1 or B-2 may be an option for non-study purposes, potentially such as attending an orientation, networking event, or graduation.
- Ideally, any online program with U.S.-based components would provide alternative opportunities for completion given that visa denials can be based on a number of factors outside of both the institution's and student’s control.
- Note that F-1 student visas are not awarded for fully online programs and sponsored students located in the U.S. on an F-1 visa can violate visa terms if they fail to maintain 12 credits in-person or hybrid per term (undergraduate) or a full course of study in-person or hybrid (graduate).
Read the fine print and check with your funder to make sure the program that you design complies with any funding guidelines.
If you feel that some of the policies that you uncovered by posing the foregoing questions require additional information, conduct additional research and due diligence so you can confidently build a strong international PCO program.
International Education Policy Compliance Tips
Be sure to engage your university’s general counsel’s office as part of your effort to identify the government policies that can influence an international PCO program. This is particularly important if the proposed program involves financial aid for students (Title IV funding), requires registering as a foreign university in a given country, and/or if you need to seek legal recourse in a foreign jurisdiction, as may be the case with programs that involve sharing of intellectual property or vague dispute resolution clauses in a contract or agreement. It is also extremely beneficial to have your general counsel’s office review the agreement— memorandum of understanding (MOU)—that you craft with your foreign university partner or government agency. The MOU should clearly outline the goals and responsibilities of the partnership. Other offices on campus that may need to review the MOU include the international programs office, an office of academic programs and accountability, the Faculty Senate, among other possible offices. It is worth noting that because legal recourse can be limited for U.S. universities in foreign countries (i.e. the ability to take an organization to court and have full confidence in the legal system), university general counsel offices may have a lower risk tolerance for vaguely written MOUs for international PCO programming. Clarity is key should disputes arise between you and your foreign university partner or the foreign country government.
Ignorance of a policy does not exempt compliance with the policy, so doing your homework in advance is critical. Reaching out to fellow UPCEA members with international PCO programs is a good starting point to understand the lay of the land. We recommend using resources such as UPCEA's International Network and Policy Committee (email [email protected] for assistance), international members, associations (NAFSA etc.), government agencies, and business support organizations such as the World Trade Centers in the U.S. and American Chambers of Commerce in foreign countries.
If you are a U.S. state university or college, check with your government affairs office to help them advise you of any state laws that could restrict or enable your international program. All institutions (state and private) should ensure that the potential international partnership complies with the U.S. export control laws. You should also ensure that your institution continues to protect the privacy of students’ educational records under the Family Educational Rights and Privacy Act (FERPA) even when student information is shared internationally. Note that if you are collaborating with a country that is part of the European Union, you should comply with the General Data Protection Regulation (GDPR) that protects the privacy and security of personal data. Hence, it is paramount to research and follow the specific data protection regulations in order to develop secure processes for transferring and storing sensitive data.
Additionally, it is important to evaluate accreditation requirements if partnering with a foreign educational institution. You should confirm that the institution is accredited since non-compliance with accreditation standards could compromise your university. Accreditation compliance demonstrates institutional sustainability; therefore it is a strong marker for a successful, long-term international collaboration.
An emerging need in international PCO project implementation is tracking how many of your university’s personnel travel to a given country in a year. Some foreign countries make a determination of physical presence of a foreign education provider based on the amount of travel to and time spent in the foreign country by university personnel. It is relatively easy for a university to track this by using university travel agency records and/or trip approvals from supervisors. These administrative systems and softwares typically exist on university campuses.
Key Policies that Affect International PCO Programs
Listed below are key government policies that affect international PCO programs. Each policy is briefly described and a link is provided for more information. UPCEA members can familiarize themselves with these policies as a first step in the international program regulatory compliance process.
- Bureau of Industry and Security (BIS), U.S. Export Controls - BIS administers U.S. laws, regulations and policies governing the export and reexport of commodities, software, and technology (collectively “items”) falling under the jurisdiction of the Export Administration Regulations (EAR).
- EAR - The EAR is administered by BIS to regulate the export of goods and technologies for national security and foreign policy purposes.
- ITAR - The International Traffic in Arms Regulations (ITAR) controls the export of defense articles and services, and is administered by the Department of State's Directorate of Defense Trade Controls (DDTC).
- NSDD-189 National Policy on the Transfer of Scientific, Technical and Engineering Information - Controls the flow of scientific, technical, and engineering information produced in federally funded fundamental research at colleges, universities, and laboratories, and is administered by the Department of Defense.
- 15 CFR 734.8 - Covers “technology” or “software” arising during, or resulting from, fundamental research.
- Foreign Assets Control Regulations - Regulate economic trade with foreign countries and administered by the U.S. Treasury Department’s Office of Foreign Assets Control.
- Sanctions Programs and Country Information - The Treasury Department’s Office of Foreign Assets Control administers multiple sanctions programs, utilizing the blocking of assets and trade restrictions to further foreign policy and national security goals.
- Cyber-Related Sanctions - The Treasury Department’s Office of Foreign Assets Control administers sanctions against individuals engaging in significant malicious cyber-enabled activities.
- State of Florida regulation limited state university programs in China (SB 846).
- Worldwide VAT, GST and Sales Tax Guide 2024 - covers a wide range of topics such as value-added tax (VAT), good and services tax (GST) and sales tax systems in 150 jurisdictions.
- AACRAO EDGE - the Electronic Database for Global Education, evaluates foreign educational credentials (subscription required).
- Thompson-Coburn law firm resources - some free.
History of Changes/Authorship
This guide was originally authored by Dr. George Irvine of the University of Delaware and Dr. Corina Caraccioli of Loyola University of New Orleans with input by the UPCEA Policy Committee and Staff. It was first published and last updated on January 17, 2025.
Have a question about or suggestion for this resource? Contact us at [email protected].