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Haiti: Compliance and Risk Management Considerations for UC Berkeley Researchers and Staff

For anyone planning to engage in research, work, or other activities in Haiti, it’s crucial to understand the compliance requirements and risks involved. The University of California, Berkeley has implemented measures to ensure that its researchers and staff comply with US government regulations, while also protecting the university’s interests.

Key Considerations for UC Berkeley Researchers and Staff

Hiring Local Employees

  • Contact Risk Services at risk@berkeley.edu or 642-5141 before hiring a local employee in Haiti.
  • Ensure compliance with US import and export regulations, as well as tax reporting requirements.

US Government Compliance Considerations

Import Controls

  • UC employees must adhere to US import requirements, which may involve enlisting the services of a customs broker.

Export Controls

  • Research data, software, and other sensitive assets may be subject to export controls.
  • Consult the campus Research Administration Compliance Office at 642-0120 before taking or sending potentially controlled materials.

Tax Reporting

  • The University and its employees may be taxed in foreign countries.
  • Contact the Controller’s Office at gao@berkeley.edu or 642-0031 for tax advising and unrelated business income tax coordination.

Foreign Bank Account Reporting

  • US citizens with a financial interest in or signatory authority over a foreign bank account exceeding $10,000 must report such accounts on Form FinCen Report 114.
  • Contact the Controller’s Office at cashiers@berkeley.edu or 643-9803 for assistance.

Country Embargoes and Targeted Sanctions

Collaborations with Foreign Institutions or Organizations

  • May require export licenses if they involve controlled research or scholars in sanctioned countries.
  • Consult the UC Berkeley International Collaborations webpage for more information.

Foreign Corrupt Practices Act (FCPA)

Prohibitions on Bribery and Other Corrupt Practices

  • Review the federal government’s Resource Guide to the U.S. Foreign Corrupt Practices Act or contact the UC Berkeley Office of Legal Affairs at 642-7122 for further clarification.

Anti-Boycott Laws

US Department of Commerce Oversight

  • Responsible for oversight of laws prohibiting individuals and entities from participating in boycotts not approved by the US government.
  • Consult the UC Berkeley International Compliance webpage for more information.

Additional Considerations for Doing Business Internationally

Foreign Bank Accounts

  • Employees wishing to open a foreign bank account should contact the Controller’s Office at cashiers@berkeley.edu or 643-9803.

Real Estate Agreements

  • Only authorized employees may enter into agreements, leases, or contracts with foreign affiliates or operations.
  • Consult the Guidelines for the Establishment and Operation of Foreign Affiliate Organizations and Foreign Operations for more information.

By understanding these compliance requirements and risks, UC Berkeley researchers and staff can ensure a successful and responsible experience in Haiti while protecting the university’s interests.