Pacific

EnglishConnect in American Samoa

Summary

June 28, 2018

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

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

The authorization of the EnglishConnect program in American Samoa 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 American Samoa.

The conditions of this approval are that the program be operated in American Samoa 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 available on the englishconnect.org website):
  
  • 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, including strict adherence to all registration processes.
• 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.

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EnglishConnect in Australia

Summary

April 12, 2018

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

1.  Legal Entity:

The Church of Jesus Christ of Latter-day Saints Australia, a company limited by guarantee (the “Australian Church”), can carry out the EnglishConnect program in Australia. The EnglishConnect program will be part of the Self-Reliance activities already taking place in Australia. The Australian Church has the corporate authority to administer the EnglishConnect program.

2.  Regulations and Licensing Requirements:

The Australian Church is not subject to any regulations or licensing requirements, including but not limited to those for education, when it administers the EnglishConnect program so long as the Australian Church does not provide or purport to provide any recognized qualification upon completion the EnglishConnect program.

3.  Tax Consequences:

The Australian Church 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 Australian Church’s current tax exempt status and activities can take place in meetinghouses without jeopardizing their property tax exemptions. The sale of course materials will not be subject to Australian Goods and Services Tax (“GST”) so long as the amount charged is less than 50% of the market value of the course materials (including GST) or less than 75% of the amount that the Australian Church paid to acquire the course materials. The Australian Church should disclose the sale of GST exempt course materials in its Business Activity Statement, which it is already filing on a monthly basis.

4.  Other:

Other than those listed below, there are no legal issues arising from the Australian Church’s administration of the EnglishConnect program in Australia.

a. Parental Consent. The Australian Church should obtain written consent from the parent/ guardian of all EnglishConnect participants under the age of 18 before they can participate in the EnglishConnect program.

b. Working With Children Checks. To the extent participants are under the age of 18, EnglishConnect instructors or others involved in the program in Australia will require “working with children checks” (“WWCCs”). The Church in Australia has implemented a system to ensure that individuals obtain WWCCs if they will be working with children. This system should also cover EnglishConnect instructors.

c. Missionary Visas. Missionaries may teach EnglishConnect courses in Australia without causing issues with their existing visas.1

d. Certificates. The Australian Church may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses. Issuing certificates of completion will not subject the Australian Church to additional laws or regulations.

e. Participant Disclosure. We recommend that the Australian Church 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. This can be accomplished by including such language in the standard online registration materials.

1. As of March 2018, young missionaries in Australia hold Subclass 408 Religious Worker visas that require them to work full time (at least 38 hours a week) directly serving the religious objectives of the institution. This type of visa allows missionaries to conduct teaching or workshops that further the religious objectives of the institution. Because EnglishConnect courses will contain religious content, missionaries may teach EnglishConnect courses under Subclass 408 Religious Worker visas.
2. If participants do not properly understand that EnglishConnect courses are not accredited, the Australian Church risks violating the prohibition of misleading and deceptive conduct under the Australian Consumer Law increases.

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EnglishConnect in the Cook Islands

Summary

September 19, 2023

EnglishConnect 1, EnglishConnect 2, and Learn English Now

The Church of Jesus Christ of Latter-day Saints (a Utah corporation sole), a Branch of a Foreign Legal Entity under the laws of the Cook Islands (the “Branch”), can carry out the EnglishConnect program in the Cook Islands. The EnglishConnect program will be part of the Self-Reliance activities already taking place in the Cook Islands. The Branch may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses. We recommend that the Branch 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 Cook 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 Cook Islands.

The conditions of this approval are that the program be operated in the Cook 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.
• 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).
• Require instructors to complete the required Church training, “Protecting Children and Youth,” and 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 in this country 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 the Cook Islands. 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 the Cook Islands 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 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.

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Fiji

EnglishConnect in Fiji

Summary

June 28, 2018, updated September 10, 2019 and January 11, 2022

EnglishConnect 1, EnglishConnect 2, and Learn English Now

The Trustees in the Republic of Fiji of The Church of Jesus Christ of Latter-day Saints, a Fijian trust (the “Trustees”), can carry out the EnglishConnect program in Fiji. The EnglishConnect program will be part of the Self-Reliance activities already taking place in Fiji. The Trustees may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses. We recommend that the Trustees 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 should be operated in Fiji 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.
• 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
• 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.

EnglishConnect 3
BYU-Pathway Worldwide (“BYU-PW”) can offer EnglishConnect 3 in Fiji. 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 Fiji 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 June 28, 2018, but updated on September 9, 2019 to include information about the EnglishConnect 3 program and to update the data privacy information. The authorization of the EnglishConnect program in Fiji was originally 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 Fiji. In November 2021, EnglishConnect proposed broad paid advertising of the program. On November 9, 2021, Kirton McConkie attorney Karen Taylor DelPriore held a call with local counsel Jesline Singh and Glenis Yee of Munro Leys, where counsel confirmed that there are no legal issues with broad advertising of EnglishConnect. On December 16, 2021, after a no-name inquiry with the Fiji Higher Education Commission (“FHEC”), counsel opined that EnglishConnect in Fiji does not likely need to be registered with the FHEC because it is a free, non-accredited program that is short in duration. To be absolutely certain that it does not need to register with the FHEC, the Trustees could seek confirmation in writing that it is not required to register. Upon discussion, OGC’s David Hancock and Pacific Area Legal Counsel Gordon Tanner approved moving forward without seeking formal confirmation. This summary was updated on January 11, 2022 to reflect that advice and decision.
   
2. 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.
   

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EnglishConnect in French Polynesia

Summary

April 9, 2019, updated September 10, 2019 and January 20, 20221

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

The Administration Council of The Church of Jesus Christ of Latter-day Saints, a locally registered administrative council (the “Administration Council”), can carry out the EnglishConnect program in French Polynesia. The EnglishConnect program will be part of the Self-Reliance activities already taking place in French Polynesia. The Administration Council may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses. We recommend that the Administration Council 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 French Polynesia was reviewed by local counsel. Based on that review, the EnglishConnect program in French Polynesia should not be advertised broadly through mass media 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).2 In addition, the program should be operated in French Polynesia according to the following general program guidelines:

• 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.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.
• 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.

EnglishConnect 3
BYU-Pathway Worldwide (“BYU-PW”) can offer EnglishConnect 3 in French Polynesia. 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 French Polynesia 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 April 9, 2019 but updated on September 10, 2019 to include information about the EnglishConnect 3 program and on January 20, 2022 to include the guidance that the EnglishConnect program should not be advertised through mass media.
2. The Administrative Council must only conduct activities that are religious in nature. As long as it follows the general program guidelines, the EnglishConnect program should fit within the entity’s purposes and should not be subject to regulation in French Polynesia. In November 2021, EnglishConnect proposed broad paid advertising of the program. On December 21, 2021, Kirton McConkie attorney Karen Taylor DelPriore held a call with local counsel Anthony Pindozzi, where counsel raised concerns that broad advertising could be seen as violating proselyting prohibitions. Counsel advised that the Administrative Council could approach the High Commissioner of France in French Polynesia to seek clarification about whether advertising is allowed, but Area Legal Counsel Gordon Tanner recommended that the Administrative Council not seek clarification at this time because it has other matters pending before the High Commission and is working through land title issues. For the time being, the EnglishConnect program should not be broadly advertised in French Polynesia.
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.

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EnglishConnect in Kiribati

Summary

September 19, 2023

EnglishConnect 1, EnglishConnect 2, and Learn English Now
Kiribati Trust of The Church of Jesus Christ of Latter-day Saints, a Trust registered under the laws of Kiribati (the “Trust”), can carry out the EnglishConnect program in Kiribati. The EnglishConnect program will be part of the Self-Reliance activities already taking place in Kiribati. The Trust may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses. We recommend that the Trust 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 Kiribati 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 Kiribati.

The conditions of this approval are that the program be operated in Kiribati 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.
• 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).
• Require instructors to complete the required Church training, “Protecting Children and Youth,” and 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 in this country 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 Kiribati. 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 Kiribati 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. 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.

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EnglishConnect in the Marshall Islands

Summary

September 19, 2023

EnglishConnect 1, EnglishConnect 2, and Learn English Now
The Church of Jesus Christ of Latter-day Saints (a Utah corporation sole), a Branch of a Foreign Legal Entity under the laws of the Marshall Islands (the “Branch”), can carry out the EnglishConnect program in the Marshall Islands. The EnglishConnect program will be part of the Self-Reliance activities already taking place in the Marshall Islands. The Branch may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses. We recommend that the Branch 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 Marshall 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 Marshall Islands.

The conditions of this approval are that the program be operated in the Marshall 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.
• 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).
• Require instructors to complete the required Church training, “Protecting Children and Youth,” and 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 in this country 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 the Marshall Islands. 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 the Marshall Islands 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. 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.

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EnglishConnect in New Zealand

Summary

April 12, 2018

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

1. Legal Entity:

The Church of Jesus Christ of Latter-day Saints Trust Board (“NZTB”), can carry out the EnglishConnect program in New Zealand. The EnglishConnect program will be part of the Self- Reliance activities already taking place in New Zealand. NZTB has the corporate authority to administer the EnglishConnect program.

2. Regulations and Licensing Requirements:

NZTB is not subject to any regulations or licensing requirements, including but not limited to those for education, when it administers the EnglishConnect program so long it does not provide or claim to provide any accreditation and so long as it provides courses for free.

3. Tax Consequences:

NZTB 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 NZTB’s current tax exempt status and activities can take place in meetinghouses without jeopardizing their property tax exemptions.1 Provided that any course materials are donated to NZTB, there are no tax consequences or reporting requirements arising from the nominal charge for course materials.2

4. Other:

Other than those listed below, there are no legal issues arising from NZTB’s administration of the EnglishConnect program in New Zealand.

a. Parental Consent. The NZTB should obtain written consent from the parent/guardian of all EnglishConnect participants under the age of 18 before they can participate in the EnglishConnect program.

b. Missionary Visas. Teaching EnglishConnect courses is not expected to cause issues with existing missionary visas.3

c. Certificates. NZTB may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses. Issuing certificates of completion will not subject NZTB to additional laws or regulations.

d. Participant Disclosure. We recommend that the NZTB 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. This can be accomplished by including such language in the standard online registration materials.

1. As of December 2017, the Auckland Council, New Zealand’s largest local authority, is reviewing its position regarding the exemption of NZTB properties in the Auckland region. The review includes the question of whether portions of properties not used principally for religious worship or education (family history centers, administration, offices, meeting rooms, libraries, etc.) should be taxable. Because EnglishConnect activities are administered through priesthood channels and are closely tied to the NZTB’s religious and educational purposes, they should not impact its property tax status or the outcome of the current review.
   
2. NZTB is registered to pay Goods and Services tax (“GST”) in New Zealand. Any receipts by NZTB related to course materials it purchases would be taxable at a rate of 15%. However, the supply of goods received as a donation, even for a nominal charge, is exempt from GST under applicable law. We anticipate that course materials will be recorded in the Church’s internal accounting system as a donation to NZTB. If this is not the case, GST will apply.
   
3. Missionaries currently enter and stay in New Zealand using religious worker visas that include the condition that the missionary “may only work as Religious Worker/Missionary in New Zealand for The Church of Jesus Christ of Latter-day Saints.” OGC concludes that missionaries teaching EnglishConnect courses are in compliance with this visa provision because, among other reasons, this work is directed by the Church, because there is a significant religious component to EnglishConnect courses, and because EnglishConnect is tied to the Church’s Self-Reliance purposes.

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EnglishConnect in Papua New Guinea

Summary

June 28, 2018

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

The Church of Jesus Christ of Latter-day Saints Inc., a local association (the “Association”), can carry out the EnglishConnect program in Papua New Guinea. The EnglishConnect program will be part of the Self-Reliance activities already taking place in Papua New Guinea. The Association 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 and that they will not carry accredited value.

The authorization of the EnglishConnect program in Papua New Guinea 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 Papua New Guinea.

The conditions of this approval are that the program be operated in Papua New Guinea 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 on the Leaders page of the englishconnect.org website):
  
  • 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 online 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). Note: If the courses are implemented as designed, always including the gospel lesson or My Foundation for Self-Reliance lesson at the end of each class, this requirement will be met.
• 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 include the use of the registration system (when available) to ensure data privacy.
• 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.

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EnglishConnect in Samoa

Summary

April 12, 2018

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

1. Legal Entity:

The Church of Jesus Christ of Latter-day Saints (Samoa) Trust, a Samoan trust (the “Trust”), can carry out the EnglishConnect program in Samoa. The EnglishConnect program will be part of the Self- Reliance activities already taking place in Samoa. The Trust has the corporate authority to administer the EnglishConnect program.

2. Regulations and Licensing Requirements:

The Trust is not subject to any regulations or licensing requirements, including but not limited to those for education, when it administers the EnglishConnect program.

3. Tax Consequences:

The Trust 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 Trust’s current tax exempt status and activities can take place in meetinghouses without jeopardizing their property tax exemptions. In order to avoid potential tax and reporting requirements, the Trust should provide EnglishConnect materials in electronic form for participants to download and print at home.1

4. Other:

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

a. Parental Consent. Although it is not a legal requirement, we recommend that the Trust obtain written consent from the parent/guardian of all EnglishConnect participants under the age of 18 before they can participate in the EnglishConnect program.2

b. Missionary Visas. Teaching EnglishConnect courses is not expected to cause issues with existing missionary visas.3

c. Certificates. The Trust may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses, so long as the certificates do not claim to be accredited. Issuing certificates of completion will not subject the Trust to additional laws or regulations.

d. Participant Disclosure. We recommend that the Trust 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. This can be accomplished by including such language in the standard online registration materials.

1. EnglishConnect materials in hard copy may be subject to customs duty upon import to Samoa. Although there are exemptions from such duties for certain organizations and certain goods, it is not clear whether these exemptions would apply to course materials. If the Trust is comfortable paying customs duties, hard copy materials may be used.
   
2. There is no legal requirement for parental consent in Samoa. However, due to the fact that EnglishConnect courses contain religious content, we recommend that the parents of all participants under the age of 18 be informed and consent to their child’s participation.
   
3. Local counsel has advised that EnglishConnect teaching must be within the scope of the tasks identified to be undertaken by missionaries when visa applications are lodged. Currently, young missionaries who are not Samoan enter Samoa on a temporary resident visa for “cultural or religious purposes,” with the application stating that they will be “full-time missionaries.” We are comfortable that this broad description, combined with the religious component of EnglishConnect courses, and their tie to the Church’s Self-Reliance purposes, will be sufficient to cover missionaries teaching EnglishConnect courses in Samoa.

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EnglishConnect in the Solomon Islands

Summary

June 28, 2018

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

The Church of Jesus Christ of Latter-day Saints Trust Board in Solomon Islands (Incorporated), a Solomon Islands trust (the “Trust Board”), can carry out the EnglishConnect program in the Solomon Islands. The EnglishConnect program will be part of the Self-Reliance activities already taking place in the Solomon Islands. The Trust Board may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses. We recommend that the Trust Board provide a disclosure to each participant that EnglishConnect courses will contain religious content and that they will not carry accredited value.

The authorization of the EnglishConnect program in the Solomon 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 Solomon Islands.

The conditions of this approval are that the program be operated in the Solomon Islands 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 on the Leaders page of the englishconnect.org website):
  
  • 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 online 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). Note: If the courses are implemented as designed, always including the gospel lesson or My Foundation for Self-Reliance lesson at the end of each class, this requirement will be met.
• 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 include the use of the registration system (when available) to ensure data privacy.
• 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.

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EnglishConnect in Tonga

Summary

December 13, 2017

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

1. Legal Entity:

The Church of Jesus Christ of Latter-day Saints in Tonga Trust Board, a Tongan trust board (the “Trust Board”), can carry out the EnglishConnect program in Tonga. The EnglishConnect program will be part of the Self-Reliance activities already taking place in Tonga. The Trust Board has the corporate authority to administer the EnglishConnect program.

2. Regulations and Licensing Requirements:

The Trust Board is not subject to any regulations or licensing requirements, including but not limited to those for education, when it administers the EnglishConnect program.

3. Tax Consequences:

The Trust Board 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 Trust Board’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.

4. Other

Other than those listed below, there are no legal issues arising from the Trust Board’s administration of the EnglishConnect program in Tonga.

a. Parental Consent. There are no legal requirements for parental consent for participants over the age of 12.

b. Missionary Visas. Missionaries may teach EnglishConnect courses in Tonga without causing issues with their existing visas.

c. Certificates. The Trust Board may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses. Issuing certificates of completion will not subject the Trust Board to additional laws or regulations.

d. Participant Disclosure. We recommend that the Trust Board 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. This can be accomplished by including such language in the standard online registration materials.
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EnglishConnect in Tuvalu

Summary

September 19, 2023

EnglishConnect 1, EnglishConnect 2, and Learn English Now

The Church of Jesus Christ of Latter-day Saints Trust Board in Tuvalu, a Trust Board organized under the laws of Tuvalu (the “Trust Board”), can carry out the EnglishConnect program in Tuvalu. The EnglishConnect program will be part of the Self-Reliance activities which will take place in Tuvalu. The Trust Board may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses. We recommend that the Trust Board 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 Tuvalu 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 Tuvalu. OGC has also approved Self-Reliance activities on the same basis.1

The conditions of this approval are that the program be operated in Tuvalu 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.
• Provide every student a hard copy of the Church’s Privacy Notice (attached as Appendix B) and be sure they read it.2
• 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).
• Require instructors to complete the required Church training, “Protecting Children and Youth,” and 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 in this country 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 Tuvalu. 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 Tuvalu 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. Although no legal review was completed, the Trust Board can carry out Self-Reliance activities in Tuvalu based on OGC’s determination in consultation with Area Legal Counsel, Paul Rytting, that there is minimal risk that Self-Reliance activities will be out of compliance with local laws or regulations due to the relatively small Church membership in the country and the fact that Self-Reliance activities are so closely tied to the Trust Board’s core religious mission covered by the charter. If, in the future, the Welfare SelfReliance Department requests a review of PEF activities in Tuvalu, OGC should include Self-Reliance questions in that review.
2. 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.

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EnglishConnect in Vanuatu

Summary

June 28, 2018

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

The Church of Jesus Christ of Latter-day Saints Vanuatu Committee (Inc.), a Vanuatu association (the “Vanuatu Committee”), can carry out the EnglishConnect program in Vanuatu. The EnglishConnect program will be part of the Self-Reliance activities already taking place in Vanuatu. The Vanuatu Committee may issue OGC-approved certificates of completion to participants who successfully complete EnglishConnect courses. We recommend that the Vanuatu Committee provide a disclosure to each participant that EnglishConnect courses will contain religious content and that they will not carry accredited value.

The authorization of the EnglishConnect program in Vanuatu 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 Vanuatu. 1

The conditions of this approval are that the program be operated in Vanuatu 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 on the Leaders page of the englishconnect.org website):
  
  • 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 online 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). Note: If the courses are implemented as designed, always including the gospel lesson or My Foundation for Self-Reliance lesson at the end of each class, this requirement will be met.
• 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 include the use of the registration system (when available) to ensure data privacy.
• 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. Local counsel Marie Noelle Patterson was consulted in November 2017 and generally agreed that the program could be operated under local law and was consistent with the Vanuatu Committee’s purposes, but did not complete her review of certain Vanuatu laws. In June 2018, OGC, including Pacific Area Legal Counsel Doug Matsumori, concluded that no further review was necessary, as long as the program guidelines were followed.