DFAT Foreign Arrangements Scheme and notification requirements
The Foreign Arrangements Scheme commenced on 10 December 2020 under Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 (‘the Act’). This is administered by the Department of Foreign Affairs and Trade (DFAT).
The purpose of this Scheme is to ensure that arrangements between state or territory governments (and their entities) and foreign entities do not adversely affect Australia's foreign relations and are not inconsistent with Australia's foreign policy. As well as covering ‘core entities’ such as state and territory governments, departments and agencies, it also covers ‘non-core entities’, including Australian public universities.
The Act, and the processes that UniSA have developed around the Act, are in no way intended to limit international collaboration. International collaboration is recognised as an important part of UniSA’s teaching, learning, and research activities.
Under the Scheme, the University must notify the Minister for Foreign Affairs (‘the Minister’) of any proposal to enter a foreign arrangement if it is with a foreign entity, including foreign governments, government agencies and foreign universities that do not have institutional autonomy.
The Minister may make a declaration prohibiting the University from negotiating or entering the arrangement if satisfied that the negotiation or arrangement:
- would adversely affect, or would be likely to adversely affect, Australia’s foreign relations; or
- would be, or would be likely to be, inconsistent with Australia’s foreign policy.
For further details on the Foreign Arrangements Scheme, visit https://www.foreignarrangements.gov.au/
Foreign arrangements will be assessed against the Act by the International Relations team within UniSA International, and if assessed as notifiable, will be submitted for the Minister’s consideration via the online notification portal.
International agreements signed by the Pro Vice Chancellor: International are managed by UniSA International. These agreements will be assessed under the Act during the approvals process. For more information on the approvals process for these agreements or to submit an agreement request, go to the International Agreements webpage.
Research agreements will continue to be handled as usual through Research and Innovation Services (RIS). RIS will coordinate with UniSA International regarding the assessment and notification process for relevant research agreements.
For all other arrangements involving a foreign entity, please consult your Academic Unit’s General Manager or your Institute’s Director. Contact UniSA International for any questions: international.relations@unisa.edu.au
- Useful links
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Frequently asked questions
Assessment of arrangements under Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 – FAQs for UniSA staff
- What constitutes an ‘arrangement’?
For the purposes of the Act, an arrangement is anything that is in writing and is an:- agreement
- contract,
- written understanding, or
- written undertaking
- What is the difference between ‘assessing’ an arrangement and ‘notifying’ an arrangement?
Assessment of arrangements is an internal process that is carried out by the International Relations team in UniSA International. The purpose of the assessment is to ascertain whether or not a particular arrangement is within the scope of the Act.
All arrangements with parties overseas (other than those discussed below) and all arrangements subsidiary to an arrangement with a foreign party (see Q7 for more information on subsidiary arrangements) should be sent to the International Relations team for assessment even if you believe it is likely to be outside of the scope of the Act.
If the International Relations team assess an arrangement to be within the scope of the Act, they will notify the Minister of the arrangement by uploading it to the DFAT Foreign Arrangements Scheme Online Portal. - What is a ‘foreign entity’? Does it include all parties located outside of Australia?
Within the Act, a foreign entity is:
- a foreign country, its national government and a department or agency of that national government (‘core foreign entities’), or
- a province, state, self-governing territory, region, local council, municipality or other political subdivision of a foreign country (including its governments, departments, agencies), or an authority of a foreign country established for a public purpose (‘non-core foreign entities’).
A foreign university may also be considered a ‘foreign entity’ under the Act, depending on its governance.
If your arrangement is with a foreign university, it must be assessed and may be notifiable. - I have a foreign arrangement that I think needs to be assessed. How do I have it assessed (and if required, notified)?
If your arrangement involves RIS, RIS will send it to International Relations for assessment as part of their normal process. You do not need to do anything.
If your arrangement is an agreement being prepared by UniSA International, it will be assessed at the appropriate stage of drafting. You do not need to do anything. - Are there any parties located outside of Australia that don’t need to be assessed?
Yes, if the foreign party is a corporation operating on a purely commercial basis, including where the corporation is wholly or partly state-owned, the arrangement does not need to be assessed (unless it is a subsidiary arrangement – see Q.7). - When does the arrangement need to be assessed?
Arrangements must be assessed at the draft stage. This means when the written arrangement is in its final draft but before it is signed by either party.
If the arrangement is assessed to be notifiable, it must be notified to the Minster both before it is signed and again when it is fully executed (fully executed may mean signed by both parties, e.g. with a contract, or by a single party, e.g. with a letter). - What is a subsidiary arrangement?
A subsidiary arrangement is an arrangement with any party, including corporations, parties within Australia, or other parties normally outside the scope of the Act, that is intended to facilitate an arrangement with a foreign entity.
All subsidiary arrangement must be assessed and notified, even if they deal only with administrative matters. - If an arrangement is assessed to be notifiable, does that mean I cannot proceed or that I need to wait for approval from the Minister?
No, UniSA is a ‘non-core entity’ under the Act, which means that we only need to notify the Minister of prospective foreign arrangements, not to seek approval. Regardless of whether the arrangement is notifiable or not, you may proceed once it has been assessed.
If your arrangement does not involve RIS or UniSA International, speak to the General Manager of your Academic Unit about the process in your Academic Unit. - I am jointly supervising a PhD student with a colleague at a foreign university. Does this arrangement need to be assessed?
Yes, if there is a written undertaking or agreement to jointly supervise the student, this must be assessed. - My PhD student is sponsored by their home country’s government. Does this need to be assessed?
No, the agreement is between the student and their government, and UniSA is not a party to that agreement. Therefore, it does not need to be assessed or notified. However, all sponsorship agreements between UniSA and a foreign government does need to be notified. All UniSA international sponsor agreements are managed by the international sponsors team in UI. - I am attending a conference overseas. Does this arrangement need to be assessed?
No, attendance at a conference is exempt from assessment as it a purely logistical matter. - I am presenting at a conference overseas. Does this arrangement need to be assessed?
If you are collaborating on a workshop, presentation or conference session with colleagues from a foreign university and there is a written undertaking or agreement to collaborate, this must be assessed. If you are the sole presenter, there is no need to assess the arrangement to present. - I am presenting at a conference in Australia together with colleagues from a foreign university. Does this arrangement need to be assessed?
If you are collaborating on a workshop, presentation or conference session with colleagues from a foreign university and there is a written undertaking or agreement to collaborate, this must be assessed. - I am collaborating with colleagues at a foreign university on a research publication. Does this arrangement need to be assessed?
If there is a written undertaking or agreement to collaborate, this must be assessed. - I am organising a cultural (non-academic activity) with colleagues at a foreign university. Does this need to be assessed?
If there is a written undertaking or agreement to do so, this must be assessed. - I have been invited by a foreign university to take up an adjunct role or UniSA is inviting an academic from a foreign university to take up an adjunct role at UniSA. Does this need to be assessed?
As the adjunct agreement is between the inviting university and the individual academic, this type of agreement would not normally be notifiable. However, if the invitation has been made under the terms of an MoU or other agreement with the host university, it may be considered a subsidiary arrangement (refer to Q7). If you know there is an agreement in place between the universities or if you are unsure, please contact international.relations@unisa.edu.au for further advice on whether or not this particular adjunct arrangement needs to be assessed. - I want to join an association based overseas. Does this need to be assessed?
This will only need to be assessed if:- there is an arrangement to collaborate with a foreign entity as part of this membership,
- this arrangement is in writing, and
- in this arrangement, you are representing UniSA (rather than as an individual fully independent of your position at the University).
- I am applying for a grant for a study to be undertaken with colleagues at a foreign university. Does my grant application need to be assessed and if so, at what stage?
This only needs to be assessed when:- the application has progressed through UniSA’s grants clearance process,
- the grant outcome is known to be successful, and
- an agreement on research outputs and resourcing is being finalised.
- I have a multi-party foreign arrangement that also includes an Australian Government agency as a party. Does this need to be assessed?
No, as Australian Government agencies are ‘core entities’ under the Act, they must submit all prospective foreign arrangements to the Minister for approval. In this instance, it is the responsibility of core entity to submit the prospective arrangement.
However, you must inform the International Relations team of the arrangement and confirm that it has been submitted by the core entity that is a party to the arrangement. You will be asked to provide the FRA number for the arrangement, which you can obtain from the core entity who submitted the arrangement for approval by the Minister. - I have a multi-party foreign arrangement that includes another Australian public university as a party. Does this need to be assessed by UniSA or will the other university do it?
It is sufficient for one non-core entity to notify the arrangement.
If you are certain that the other Australian University has notified the arrangement, UniSA does not need to assess or notify it. However, International Relations should still be informed and the FRA number for the notification provided.
If the other university has assessed the arrangement and decided that it is not notifiable, written confirmation of this, including the reason why it has been assessed as not notifiable, should ne provided to International Relations.
If you are uncertain whether the other university has assessed the arrangement, it must be assessed by UniSA. - I am renewing an existing or expired arrangement. Does it need to be assessed again?
Yes, all arrangements, including renewals, must be assessed and potentially notified. - Should there be a clause in my agreement letting the partner know this arrangement may need to be notified to DFAT?
Legal will confirm if this is required when reviewing the agreement/agreement template. - If my agreement is notified, will it appear on the Public Register?
No, because of the commercially nature of our arrangements, when we submit a notification, we request that it not be added to the Public Register.
- What constitutes an ‘arrangement’?
