Asia North

EnglishConnect in Guam

Summary

November 20, 2018

*This summary applies to EnglishConnect 1, EnglishConnect 2, and Learn English Now only.

Corporation of the President of The Church of Jesus Christ of Latter-day Saints, a branch of a foreign legal entity (“COP Guam”), can carry out the EnglishConnect program in Guam. The EnglishConnect program will be part of the Self-Reliance activities already taking place in Guam. COP Guam may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses. We recommend that COP Guam provide a disclosure to each participant that EnglishConnect courses will contain religious content, that they will not carry accredited value, and outlining the cost (if any) of EnglishConnect course materials.

The authorization of the EnglishConnect program in Guam has been made by OGC pursuant to an expedited review process (approved by Associate General Counsel – International on May 15, 2018) without specific review by local counsel in Guam.

The conditions of this approval are that the program be operated in Guam according to the following guidelines:

• No mass media advertising of the program targeting the general public:
  
  • I.e., no newspaper, radio, or broadly distributed social media advertising;
  • Handbills, posters, announcements in Church, or “pass-along” cards are acceptable.
• Obtain parental consent for each student 18 years old or under (using the parental consent form attached as Appendix A):
  
  • Obtain both parent signatures where possible; o If someone 18 or under is actually living on their own, parental consent is not needed.
• Provide every student a hard copy of the Church’s Privacy Notice (attached as Appendix B) and be sure they read it.1
• Do not charge any fees or costs to the participants for program participation:
  
  • Program materials can be provided for free (by on-line download where possible) or purchased through regular distribution channels by local units or directly by participants.
• At least one-third of all teaching must contain substantial religious content (i.e., religious content should take up 20 minutes of each hour of instruction or 30 minutes of each 90 minutes of instruction).
• Follow all local country standards for the vetting and calling of teachers of youth for any EnglishConnect teacher who will be teaching anyone under 21.
• Follow all program guidelines contained in the Leader and Teacher guides.  Any mission which has never used English teaching as a contacting method must obtain specific OGC approval before beginning to use EnglishConnect materials, in order to avoid threats to missionary visas or the Church’s legal status.
  

1. If a student has registered online for EnglishConnect using an LDS Account, he or she need not be provided a hard copy of the Privacy Notice.

____________________________________________________________________________

EnglishConnect in Japan

Summary

February 20, 2018, updated September 3, 2019 and February 4, 2022 1

EnglishConnect 1, EnglishConnect 2, and Learn English Now

The Church of Jesus Christ of Latter-day Saints, a Japanese religious organization (the “Japanese Church”), can carry out the EnglishConnect program in Japan. The EnglishConnect program will be part of the Self-Reliance activities already taking place in Japan. The Japanese Church has the corporate authority to administer the EnglishConnect program.2 The Japanese Church may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses. We recommend that the Association provide a disclosure to each participant that EnglishConnect courses will contain religious content, that they will not carry accredited value, and outlining the cost (if any) of EnglishConnect course materials.

The EnglishConnect program in Japan was reviewed by local counsel. Based on that review, the EnglishConnect program should operate under the following country-specific guideline:

• Obtain parental consent for each student 20 years old or under (using the parental consent form attached as Appendix A); obtain both parent signatures where possible.

In addition, the program should be operated in Japan according to the following general program guidelines:

• The program may be advertised through mass media (newspaper, radio, paid social media ads) or by handbills, posters, announcements in Church, or “pass-along” cards, provided the advertisements contain:
  
  • Prominent placement of the Church’s name;
  • A statement that there is no cost for EnglishConnect novice programs; and
  • A statement that EnglishConnect novice programs are not accredited.
• Provide every student a hard copy of the Church’s Privacy Notice (attached as Appendix B) and be sure they read it.3
• Do not charge any fees or costs to the participants for program participation:
  
  • Program materials can be provided for free (by on-line download where possible) or purchased through regular distribution channels by local units or directly by participants. 4
• At least one-third of all teaching must contain substantial religious content (i.e., religious content should take up 20 minutes of each hour of instruction or 30 minutes of each 90 minutes of instruction).
• Follow all local country standards for the vetting and calling of teachers of youth for any EnglishConnect teacher who will be teaching anyone under 21.
• Follow all program guidelines contained in the Leader and Teacher guides.
• Any mission that has never used English teaching as a contacting method must obtain specific OGC approval before beginning to use EnglishConnect materials, in order to avoid threats to missionary visas or the Church’s legal status.

EnglishConnect 3
BYU-Pathway Worldwide (“BYU-PW”) can offer EnglishConnect 3 in Japan. Because BYUPW will offer EnglishConnect 3 through the Pathway program, it must operate under the same conditions as Pathway. For more information on EnglishConnect 3 and the Pathway program, please refer to the Pathway Program Report, under the Church Education key topic for Japan on InfoGuide. (In the past, Brigham Young University – Idaho was the entity that offered Pathway programs, but it transferred its Pathway activities to BYU-PW in 2019.)

1. This EnglishConnect summary was drafted February 20, 2018, but updated on September 3, 2019 to include information about the EnglishConnect 3 program and to include the general program guidelines, which were developed after the summary was first drafted. In November 2021, EnglishConnect proposed broad paid advertising of the program. On February 3, 2022, local counsel Wada Nobuhiro of Wada & Watanabe confirmed by email to Kirton McConkie attorney Karen Taylor DelPriore that there are no legal issues with broad advertising of EnglishConnect, or with the program generally. This summary was updated on February 4, 2022 to reflect that conversation.
2. Although there is legal commentary arguing that specific details of a religious corporation’s activity (i.e., “provide English language training”) should be included in its articles of incorporation, the Religious Corporation Law does not specifically require detailed descriptions. The Japanese Church’s articles allow it to carry out “charitable, educational, cultural or social activities.” This language is sufficient authority for purposes of administering the EnglishConnect program.
3. If a student has registered online for EnglishConnect using an LDS Account, he or she need not be provided a hard copy of the Privacy Notice.
4. The sale of books by a religious corporation (i.e., scripture) is generally considered “sales of goods”, which is subject to tax as profitable activity in Japan. However, other goods sold by religious corporations are viewed as alms or donations and are not subject to tax. Further technical analysis would be required in order to determine definitively whether the sale of EnglishConnect materials is subject to tax. In order to avoid these potential tax consequences, the Japanese Church should provide materials free of charge.

____________________________________________________________________________

EnglishConnect in Micronesia

Summary

November 20, 2018

*This summary applies to EnglishConnect 1, EnglishConnect 2, and Learn English Now only.

Corporation of the President of The Church of Jesus Christ of Latter-day Saints, a branch of a foreign legal entity (“COP Micronesia”), can carry out the EnglishConnect program in Micronesia. The EnglishConnect program will be part of the Self-Reliance activities already taking place in Micronesia. COP Micronesia may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses. We recommend that COP Micronesia provide a disclosure to each participant that EnglishConnect courses will contain religious content, that they will not carry accredited value, and outlining the cost (if any) of EnglishConnect course materials.

The authorization of the EnglishConnect program in Micronesia has been made by OGC pursuant to an expedited review process (approved by Associate General Counsel – International on May 15, 2018) without specific review by local counsel in Micronesia.

The conditions of this approval are that the program be operated in Micronesia according to the following guidelines:

• No mass media advertising of the program targeting the general public:
  
  • I.e., no newspaper, radio, or broadly distributed social media advertising;
  • Handbills, posters, announcements in Church, or “pass-along” cards are acceptable.
• Obtain parental consent for each student 18 years old or under (using the parental consent form attached as Appendix A):
  
  • Obtain both parent signatures where possible;
  • If someone 18 or under is actually living on their own, parental consent is not needed.
• Provide every student a hard copy of the Church’s Privacy Notice (attached as Appendix B) and be sure they read it.1
• Do not charge any fees or costs to the participants for program participation:
  
  • Program materials can be provided for free (by on-line download where possible) or purchased through regular distribution channels by local units or directly by participants.
• At least one-third of all teaching must contain substantial religious content (i.e., religious content should take up 20 minutes of each hour of instruction or 30 minutes of each 90 minutes of instruction).
• Follow all local country standards for the vetting and calling of teachers of youth for any EnglishConnect teacher who will be teaching anyone under 21.
• Follow all program guidelines contained in the Leader and Teacher guides.
• Any mission which has never used English teaching as a contacting method must obtain specific OGC approval before beginning to use EnglishConnect materials, in order to avoid threats to missionary visas or the Church’s legal status.

1. If a student has registered online for EnglishConnect using an LDS Account, then he or she need not be provided a hard copy of the Privacy Notice.

____________________________________________________________________________

EnglishConnect in Mongolia

Summary

December 27, 2018

*This summary applies to EnglishConnect 1, EnglishConnect 2, and Learn English Now only.

The Church of Jesus Christ of Latter-day Saints in Mongolia, a Mongolian association (the “Mongolian Church”), can carry out the EnglishConnect program in Mongolia so long as the specific guidelines provided below are carefully followed. The EnglishConnect program will be part of the Self-Reliance activities already taking place in Mongolia. The Mongolian Church may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses. Because in Mongolia EnglishConnect conversation groups must be gospel-focused, the Mongolian Church should ensure that each participant understands that these groups will contain significant religious content and that they will not carry accredited value. The Mongolian Church should also outline to prospective participants the cost (if any) of EnglishConnect materials.

The EnglishConnect program in Mongolia was reviewed by local counsel. Based on that review, it should be operated with the following country-specific guidelines.1 For more details on each of these guidelines, please see the EnglishConnect Instructor Manual Addendum for Mongolia (the “Instructor Addendum” found at www.EnglishConnect.org).

• Classes should focus on learning the gospel, with gospel principles incorporated into every speaking activity and lesson. Instructors must adapt lessons to include gospel principles, using the example provided in the Instructor Addendum.
• EnglishConnect groups should be less formal than the manual suggests, with a focus on conversation rather than formal teaching.
• Instructors should divide the course into shorter, less formal modules of 6, 10 or 12 weeks.
• EnglishConnect groups in Mongolia should be marketed as “Christian conversations in English” or “English conversation groups” rather than “free English classes.”

In addition to the country-specific guidelines above, the program should be operated in Mongolia according to the following general program guidelines:

• No mass media advertising of the program targeting the general public:
  
  • I.e., no newspaper, radio, or broadly distributed social media advertising;
  • Handbills, posters, announcements in Church, or “pass-along” cards are acceptable.
• Obtain parental consent for each student 18 years old or under (using the parental consent form attached as Appendix A):
  
  • Obtain both parent signatures where possible;
  • If someone 18 or under is actually living on their own, parental consent is not needed.
• Provide every student a hard copy of the Church’s Privacy Notice (attached as Appendix B) and be sure they read it.2

1. Mongolia’s Education Law regulates informal and formal education, including preschool, elementary, secondary, vocational and higher education. In the form reflected in the standard EnglishConnect curriculum materials, the EnglishConnect program might not qualify for any exemptions under the Education Law. Therefore, in order to assure that regulation under the Education Law is not applicable to the Mongolian Church’s use of the EnglishConnect materials, EnglishConnect groups in Mongolia should be religious discussions conducted in English, be structured as informal conversation groups with shorter modules, and should not be marketed as formal courses.
   
2. If a student has registered online for EnglishConnect using a Church Account, he or she need not be provided a hard copy of the Privacy Notice.

____________________________________________________________________________

EnglishConnect in the Northern Mariana Islands

Summary

February 4, 2022

EnglishConnect 1, EnglishConnect 2, and Learn English Now
The Church of Jesus Christ of Latter-day Saints, a registered branch of a foreign legal entity (“CHC Mariana”), can carry out the EnglishConnect program in the Northern Mariana Islands. The EnglishConnect program will be part of the Self-Reliance activities already taking place in the Northern Mariana Islands. CHC Mariana may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses. We recommend that CHC Mariana provide a disclosure to each participant that EnglishConnect courses will contain religious content, that they will not carry accredited value, and outlining the cost (if any) of EnglishConnect course materials.

The authorization of the EnglishConnect program in the Northern Mariana Islands has been made by OGC pursuant to an expedited review process (approved by Associate General Counsel – International on May 15, 2018) without specific review by local counsel in the Northern Mariana Islands.

The conditions of this approval are that the program be operated in the Northern Mariana Islands according to the following guidelines:

• The program may be advertised through mass media (newspaper, radio, paid social media ads) or by handbills, posters, announcements in Church, or “pass-along” cards, provided the advertisements contain:
  
  • Prominent placement of the Church’s name;
  • A statement that there is no cost for EnglishConnect novice programs; and
  • A statement that EnglishConnect novice programs are not accredited.
• Obtain parental consent for each student 18 years old or under (using the parental consent form attached as Appendix A):
  
  • Obtain both parent signatures where possible;
  • If someone 18 or under is actually living on their own, parental consent is not needed.
• Do not charge any fees or costs to the participants for program participation:
  
  • Program materials can be provided for free (by on-line download where possible) or purchased through regular distribution channels by local units or directly by participants.
• At least one-third of all teaching must contain substantial religious content (i.e., religious content should take up 20 minutes of each hour of instruction or 30 minutes of each 90 minutes of instruction).
• Follow all local country standards for the vetting and calling of teachers of youth for any EnglishConnect teacher who will be teaching anyone under 21.
• Follow all program guidelines contained in the Leader and Teacher guides, which must include the requirement to follow the attached matrix with regard to data privacy (attached as Appendix B).
• Any mission which has never used English teaching as a contacting method must obtain specific OGC approval before beginning to use EnglishConnect materials, in order to avoid threats to missionary visas or the Church’s legal status.

EnglishConnect 3
BYU-Pathway Worldwide (“BYU-PW”) can offer EnglishConnect 3 in Mali. Because BYU-PW will offer EnglishConnect 3 through the Pathway program, it must operate under the same conditions as Pathway. For more information on EnglishConnect 3 and the Pathway program, please refer to the Pathway Program Report, under the Church Education key topic for Mali on InfoGuide. (In the past, Brigham Young University – Idaho was the entity that offered Pathway programs, but it transferred its Pathway activities to BYU-PW in 2019.)
____________________________________________________________________________

EnglishConnect in Palau

Summary

November 20, 2018

*This summary applies to EnglishConnect 1, EnglishConnect 2, and Learn English Now only.

Corporation of the President of The Church of Jesus Christ of Latter-day Saints, a branch of a foreign entity (“COP Palau”), can carry out the EnglishConnect program in Palau. The EnglishConnect program will be part of the Self-Reliance activities already taking place in Palau. COP Palau may issue OGC- approved certificates of completion to participants who successfully complete EnglishConnect courses. We recommend that COP Palau provide a disclosure to each participant that EnglishConnect courses will contain religious content, that they will not carry accredited value, and outlining the cost (if any) of EnglishConnect course materials.

The authorization of the EnglishConnect program in Palau has been made by OGC pursuant to an expedited review process (approved by Associate General Counsel - International on May 15, 2018) without specific review by local counsel in Palau.

The conditions of this approval are that the program be operated in Palau according to the following guidelines:

• No mass media advertising of the program targeting the general public:
  
  • I.e., no newspaper, radio, or broadly distributed social media advertising;
  • Handbills, posters, announcements in Church, or “pass-along” cards are acceptable.
• Obtain parental consent for each student 18 years old or under (using the parental consent form attached as Appendix A):
  
  • Obtain both parent signatures where possible;
  • If someone 18 or under is actually living on their own, parental consent is not needed.
• Provide every student a hard copy of the Church’s Privacy Notice (attached as Appendix B) and be sure they read it.1
• Do not charge any fees or costs to the participants for program participation:
  
  • Program materials can be provided for free (by on-line download where possible) or purchased through regular distribution channels by local units or directly by participants.
• At least one-third of all teaching must contain substantial religious content (i.e., religious content should take up 20 minutes of each hour of instruction or 30 minutes of each 90 minutes of instruction).
• Follow all local country standards for the vetting and calling of teachers of youth for any EnglishConnect teacher who will be teaching anyone under 21.
• Follow all program guidelines contained in the Leader and Teacher guides.
• Any mission which has never used English teaching as a contacting method must obtain specific OGC approval before beginning to use EnglishConnect materials, in order to avoid threats to missionary visas or the Church’s legal status.

If a student has registered online for EnglishConnect using a Church Account, then he or she need not be provided a hard copy of the Privacy Notice.

____________________________________________________________________________

EnglishConnect in South Korea

Summary

April 30, 2018

*This summary applies to EnglishConnect 1, EnglishConnect 2, and Learn English Now only.

1. Legal Entity:

The Incorporated Foundation of The Church of Jesus Christ of Latter-day Saints, a South Korean foundation (the “Foundation”), can carry out the EnglishConnect program in South Korea. The EnglishConnect program will be part of the Self-Reliance activities already taking place in South Korea. The Foundation has the corporate authority to administer the EnglishConnect program.

2. Regulations and Licensing Requirements:

The Foundation is not subject to any regulations or licensing requirements, including but not limited to those for education, when it administers the EnglishConnect program, as long as at least one-third of all teaching has substantial religious content.1 Any country-specific materials should include this requirement.

3. Tax Consequences:

The Foundation is not subject to any tax consequences or reporting obligations if it administers the EnglishConnect program so long as it offers these courses free of charge. Administering the

EnglishConnect program will not jeopardize the Foundation’s current tax exempt status and activities can take place in meetinghouses without jeopardizing their property tax exemptions. There are no tax consequences or reporting requirements arising from the nominal charge for course materials, as long as these materials are sold at cost.2

4. Other:

Other than those listed below, there are no legal issues arising from the Foundation’s administration of the EnglishConnect program in South Korea.

1. Education is highly regulated in South Korea, with any instructional program that is conducted for more than 30 days with more than 10 participants (including all locations throughout the country) being required to register as a “hakwon.” This registration includes requirements for teacher qualifications and facilities. Religious instruction is exempt from these “hakwon” requirements. The EnglishConnect curriculum materials themselves may not contain sufficient religious content to exempt EnglishConnect from “hakwon” registration. But if at least one-third of each lesson period contains substantial religious content, the “hakwon” requirements would not apply. For example, we understand that, following each lesson from the EnglishConnect curriculum, the class period is intended to include a religious lesson based on the principles in the Self-Reliance My Foundation course. So long as students are always expected to participate in that portion of the class, and as long as that portion takes up at least 20 minutes of each hour of instruction (or 30 minutes of each 90 minutes of instruction), this “one-third” requirement would be met. If the instructor uses general conference talks, or the Book of Mormon in the English instruction portion of the lesson for at least 20 minutes of every hour of instruction, that would meet the “one-third” requirement. As long as this religious instruction is a mandatory component of EnglishConnect and as long as the religious instruction takes up at least one-third of the class time (e.g., 20 minutes out of every 60 minutes), the EnglishConnect program should be considered religious education and should not require “hakwon” registration.
   
2. In order to preserve the tax exempt status of its meetinghouses, the Foundation should not engage in revenue generating activities. Selling materials at cost should not be considered a revenue generating activity, but the Foundation should be able to show that the materials are sold at cost if it is ever challenged. The Foundation could avoid all question by providing EnglishConnect materials for free, either in hard copy or in electronic form for participants to download and print at home.