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International Compliance Risks Best Practices

Agenda. Case StudyApplicable USAID Rules

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International Compliance Risks Best Practices

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    1. International Compliance Risks & Best Practices Sunanda K. Holmes Johns Hopkins University Lawrence LeBlanc Scott Vanlandingham McGladrey

    2. Agenda Case Study Applicable USAID Rules & Regulations Overseas Compliance U.S. Compliance Budgeting for Compliance One Approach to Consider

    3. Today’s Case Study USAID grant for 5 years for $10M To deliver HIV/AIDS education and training To be implemented in 3 new countries Work with 1 local partner in each country Kenya, Ethiopia and Nigeria Hire U.S. expats, Third Country Nationals (TCNs) and Host Country Nationals (HCNs) Buy equipments/vehicles and procure other services

    4. Compliance Requirements Landscape Highly regarded research university with activities in 30 countries High standard for transparency, ethics, integrity US government contracting reporting /disclosure requirements Increased in-country government scrutiny Increased scrutiny among educational institutions Reputation considerations

    5. Applicable USAID Rules and Regulations Code of Federal Regulations (CFR) Federal Acquisition Regulations (FAR) AIDS Acquisition Regulations (AIDAR) USAID Policies and Procedures (ADS) Acquisition & Assistance Policy Directives(AAPD) OMB Circulars A-21 A-110 A-133

    6. Host Country Laws Local presence/identity Banking Labor laws HR Manuals Payroll administration Taxes (corporate & indiv.) Work permits/visas Insurance (workers comp., vehicles, etc.) Benefits administration Leasing and procurements Zoning/building/safety Evacuation Plans Reporting obligations U.S. Laws U.S. Employment Laws Foreign Corrupt Practices Act Anti-Boycott Laws Trade Sanctions & SDNs Export Control Intellectual Property laws Tax Treaties/Bilateral Agreements U.S. Reporting Req. Higher Ed Act of 1965 Form 990 Schedule F FBAR (TDF 90.22-1) BE-125 IRS Form 5713 BIS-621P

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