The University of North Carolina at Chapel Hill is committed to acting ethically and in compliance with applicable laws at all times, including anti-corruption laws such as the U.S. Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws in the jurisdictions in which the University operates. As part of this commitment, it is the policy of the University to prohibit the offering or giving of improper payments or other benefits to obtain a business advantage. University personnel may not take any actions for the purpose of evading this prohibition.
The FCPA is intended to stop bribery and generally prohibits providing anything of value to foreign officials to (i) influence the official in his or her official capacity; (ii) induce the official to do or omit to do an act in violation of his or her duty; or (iii) secure an improper advantage in order to assist in obtaining or retaining business (collectively, “Prohibited Purposes”).
The term “foreign official” is broadly defined to include any officer, employee or agent of a foreign government or any department, agency or instrumentality thereof (including, for example, a public university, a state‑run education or health care facility or system, government-owned or government-controlled state enterprise). The FCPA prohibition also applies to political parties and candidates and to officials of public international organizations such as the United Nations. Though they are not themselves foreign officials, interactions with family members of, and others closely associated with, foreign officials are subject to the same restrictions as interactions with foreign officials.
“Anything of value” could include modest gifts, meals and travel; the FCPA contains no dollar amount threshold beneath which payments or gifts for Prohibited Purposes are permitted.
Payments to foreign officials that are not for prohibited purposes could be allowed where payments are for routine government actions (such as licensing or securing police protection) or for reasonable and bona fide expenditures (such as travel pursuant to performance of a contract with a foreign government). If you have any questions about whether your proposed provision of a payment to a foreign individual may be subject to the FCPA, please seek guidance from the Office of University Counsel.
For more information on the FCPA, please consult the U.S. Department of Justice overview of the statute or the more detailed guide provided by the U.S. Securities and Exchange Commission.
UNC-Chapel Hill requires all personnel, including employees, visiting scholars and students, to comply with all U.S. export control laws and regulations, including the U.S. Department of Commerce’s Export Administration Regulations, the U.S. Department of State’s International Traffic in Arms Regulations (ITAR) and the regulations administered by the Treasury Department’s Office of Foreign Assets Control (OFAC). Learn more about international shipping, export control and sponsored research, international travel, deemed exports, and software and encryption technology on the UNC Department of Environment, Health and Safety website.
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998, commonly referred to as the Clery Act, stipulates that in order for an institution of higher learning to receive federal financial aid, it must report statistics for specific crimes that occur over a three year period on its campuses and those properties (both university-owned and public) that are adjacent to its campuses.
Certain University property abroad is subject to the Clery Act’s reporting requirements. If you are a Campus Security Authority (CSA), you need to submit Clery reports for Clery reportable incidents you become aware of, regardless of whether the incident occurs on the Chapel Hill campus or an international location. Clery crimes include murder, manslaughter, sexual assault, robbery, aggravated assault, burglary, motor vehicle theft, domestic violence, dating violence, stalking, arson and hate crimes.
To learn more about the Clery Act, visit the Department of Public Safety’s website.
Title IX is a portion of the Civil Rights Act of 1964. Title IX prohibits discrimination on the basis of sex in educational programs or activities operated by recipients of federal financial assistance. Harassment on the basis of sex and sexual violence are forms of sex discrimination prohibited by Title IX. Employees who are Responsible Employees under Title IX must share any reported violation of Title IX, including but not limited to sex discrimination, harassment, and sexual violence/assault, with the University’s Equal Opportunity and Compliance Office, Title IX Compliance Coordinator or other designated school personnel as defined by University policy.
View the University’s Policy on Prohibited Discrimination, Harassment and Related Misconduct (including Sexual and Gender-Based Harassment, Sexual Violence, Interpersonal Violence and Stalking). Additional information about Title IX is also available at http://eoc.unc.edu/know-your-rights/gender-discrimination/.