MOU

Memorandum of understanding (MoU):

A memorandum of understanding is a type of agreement between two  or more parties. It expresses a convergence of will between the parties, indicating an intended common line of action. It is often used either in cases where parties do not imply a legal commitment or in situations where the parties cannot create a legally enforceable agreement. It is a more formal alternative to a gentlemen agreement.  The MOU can be seen as the starting point for negotiations as it defines the scope and purpose of the talks. 

In private enterprise, an MoU is typically a legally non-binding agreement between two (or more) parties, outlining terms and details of a mutual understanding or agreement, noting each party's requirements and responsibilities—but without establishing a formal, legally enforceable contract (though an MoU is often a first step towards the development of a formal contract).

MoUs can also be used between a government agency and a non-commercial, non-governmental organization.

In brief:

• A memorandum of understanding (MOU) is a document that describes the broad outlines of an agreement that two or more parties have reached.
• MOUs communicate the mutually accepted expectations of all of the parties involved in a negotiation.
• While not necessarily legally binding, the MOU signals that a binding contract is imminent.
• The MOU is most often found in international relations.

So, an MOU is an expression of agreement to proceed. It indicates that the parties have reached an understanding and are moving forward. Although it is not always legally binding, it is a serious declaration that a contract is imminent.

Advantages:

One advantage of MoUs over more formal instruments is that, because obligations under international law may be avoided, they can often be put into effect without requiring legislative approval. Hence, MoUs are often used to modify and adapt existing treaties, in which case these MoUs have factual treaty status.The decision concerning ratification, however, is determined by the parties' internal law and depends to a large degree on the subject agreed upon.

Purpose of MOU:

A memorandum of understanding, or MOU, is a nonbinding agreement that states each party’s intentions to take action, conduct a business transaction, or form a new partnership. This type of agreement may also be referred to as a letter of intent (LOI) or memorandum of agreement (MOA).

The time of using MOU is that if the business is in the beginning stages of a transaction with another party, an MOU is often the first step toward a formal agreement via binding contract. An MOU clearly defines how the parties will work to gether and lays out each one’s expectations and responsibilities. The goal is to achieve a mutual understanding of the partnership, so one can move forward into an enforceable contract everyone feels confident about.

Memorandum of agreement (MOA):

A Memorandum of Agreement is a written document describing a cooperative relationship between two parties wishing to work together on a project or to meet an agreed-upon objective. An MOA serves as a legal document and describes the terms and details of the partnership agreement. It is more formal than a verbal agreement but less formal than a contract. Organizations can use an MOA to establish and outline collaborative agreements, including service partnerships or agreements to provide technical assistance and training. An MOA may be used regardless of whether or not money will be exchanged as part of the agreement.

The Difference Between a Memorandum of Understanding (MOU) and a Memorandum of Agreement (MOA) is a Memorandum of Understanding (MOU) is used for simple common-cause agreements which are not legally binding. MOAs, on the other hand, establish common legal terms that establish a “conditional agreement” where the transfer of funds for services is anticipated.

From the year 2017 up to date, Knowledge University-Erbil (https://www.knu.edu.iq ) have signed sum of 48 MOUs with both local, regional and international higher education institutions and organizations. The purposes of this general agreement include, but are not limited, to the following:

1. Faculty/students exchange
2. Development of collaborative research projects.
3. Postgraduate student’s joint supervisions.
4. Organization of joint academic and scientific activities.
5. Exchange of publications and other materials of common interests

The table below, prepared by Mr. Hawkar Abubaker Othman show the list of the MOUs signed between Knowledge University and the other party.

Edited by Dr. Mohammed Azeez Saeed…….  July 2024.

CONTACT:                             

Assistant professor Dr. 
Mohammed Azeez Saeed

International Academic Relations Office

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