Foreign Arrangements Scheme

The Foreign Arrangements Scheme (the Scheme) is established by Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 (the Act). The Scheme ensures arrangements between State/Territory entities and foreign governments and their entities do not adversely affect Australia's foreign relations and are consistent with Australia's foreign policy. These may include written arrangements, agreements, contracts, understandings or undertakings.

Obligations

Under the Scheme, the University is required to notify the Foreign Minister if it proposes to enter a non-core arrangement* with a foreign entity. The Scheme only applies if the University enters an arrangement with a foreign government or a foreign university that lacks institutional autonomy. The vast majority of foreign universities do not fall into this category.

The Act authorises the Minister of Foreign Affairs to determine whether an arrangement is compatible with Australia’s foreign relations and policy.

*As a university, Notre Dame is defined as a non-core entity. Accordingly,  most of our arrangements will also be considered non-core unless they form part of a consortium agreement that includes the Australian government.

Our process

  1. Notification is provided to foreign.interference@nd.edu.au when considering entering into any arrangements with a foreign entity. Arrangements include written agreements, contracts, understandings, or undertakings, and may or may not be legally binding. Arrangements also include those made informally in writing (such as MOUs or letters), as well as variations of existing arrangements and exercises of options to extend arrangements.

    Information to be attached to the notification:

    • Completed FAS Due Diligence Form
    • Copy of draft arrangements if available
    • Governance documents of the partner institution, for example, an annual report, a governance structure diagram, website information, Board composition
  2. Following receipt of a notification, an assessment will be undertaken, informed by appropriate legal advice.
  3. The University Secretary, as an authorised officer, reports foreign arrangements to the Commonwealth on behalf of the University as necessary. This requires initial notification of intent and a subsequent notification once the arrangement is entered into.

Research Activity

Research activity includes research funding as well as non-funded research activity where the University is a participant, such as research memorandums of understanding, collaborative agreements, data or material transfers and HDR scholarships.

University staff involved in any research activity with a foreign entity are required to

  1. Complete the Foreign Arrangements Scheme Due Diligence Form
  2. Submit the completed form to foreign.interference@nd.edu.au
  3. Include a copy cc’d to research.grants@nd.edu.au

The form is required both for compliance with the FAS process and as part of the documentation supporting internal research approvals.

Further information