Australia

Compliance/Financial Considerations

If you intend to do any of the following in Australia, please contact Risk Services at risk@berkeley.edu or 642-5141:

  • Hire a local to work for you as an employee
  • Purchase or lease office or research space
  • Purchase or lease an automobile
  • Establish a long-term (over 90 days) or ongoing project
  • Conduct a clinical trial

 U.S. GOVERNMENT COMPLIANCE CONSIDERATIONS

 Foreign activities may trigger many U.S. laws, including:

  • Import Controls
  • Export Controls
  • Tax Reporting
  • Foreign Bank Account Reporting
  • Country Embargoes and Targeted Sanctions
  • Foreign Corrupt Practices Act
  • Anti-Boycott Laws

Import Controls. UC employees must adhere to U.S. import requirements, and may need to enlist the services of a customs broker, especially for shipments arriving by sea and subject to the Importer Security Filing 71730, also known as ISF 10+2.

Export Controls. Export controls may apply to advanced software and technology, research data, and other sensitive assets. UC’s Export Compliance FAQ contains useful information and can be found here.  Go here for the University of California plan for compliance with federal export controls. If you plan on taking or sending potentially export-controlled materials to Australia, consult the campus Research Administration Compliance Office at 642-0120.

Tax Reporting. The University and its employees may be taxed in foreign countries. The tax implications for operating in Australia may be found at the Internal Revenue Service’s United States-Australia Income Tax Convention. For further clarification, contact the Controller’s Office at:

Foreign Bank Account Reporting. The U.S. Treasury Department requires U.S. citizens with a financial interest in or signatory authority over a financial account in a foreign country, where accounts exceed $10,000 at any point during a calendar year, to report such accounts on a Report of Foreign Bank and Financial Accounts (FinCen Report 114). Those needing to complete the form should contact the Controller’s Office at cashiers@berkeley.edu or 643-9803 for assistance. An IRS 1040 Schedule B form (Part III–Foreign Accounts and Trusts) must be filed by the signatory for any foreign bank account, regardless of the account balance.

Country Embargoes and Targeted Sanctions. In general, collaborations between University personnel and scholars at foreign institutions or organizations do not require export licenses unless they involve export-controlled or -restricted research or involve scholars in sanctioned countries. Before engaging in an international collaboration, the University needs to determine whether export licenses are required and to verify that the foreign collaborator is not blocked or sanctioned. The Office of Foreign Assets Control (OFAC) is responsible for enforcing all U.S. embargoes and sanctions. Depending on each country’s embargo or sanction program, activities may be prohibited without specific authorization or license. UC’s International Collaborations webpage contains additional information on this topic.   

The Foreign Corrupt Practices Act (FCPA) is intended to stop bribery. It prohibits offering to pay, paying, promising to pay, or authorizing the payment of money or anything of value to a foreign official. The term “foreign official” generally includes any employee or contractor of a foreign government, and may include individuals employed by foreign universities. It is also unlawful to make a payment to a third party knowing that all or part of the payment will go to a foreign official. For more information, review the federal government’s Resource Guide to the U.S. Foreign Corrupt Practices Act. If you need further clarification, contact the UC Berkeley Office of Legal Affairs at 642-7122. Transparency International’s 2018 survey of perceived public sector corruption rated Australia at 77 out of 100 (13th out of 180 countries reviewed, i.e.  clean).

Anti-Boycott Laws.  The U.S. Department of Commerce is responsible for oversight of laws prohibiting individuals and entities from participating in boycotts not approved or sanctioned by the U.S. government. The Export Administration Act requires that requests to participate in such boycotts or to conduct activities in any of the boycotting countries be formally reported to the Department of Commerce and/or IRS.

For other compliance-related issues, refer to UC’s International Compliance webpage.  

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. Requests to open accounts must be made through the Office of the President’s Banking and Treasury Services Group by the Chancellor or the Chancellor’s designee. 

Real Estate Agreements. Only employees with delegated authority to sign contracts on behalf of The Regents may enter into agreements, leases, or other contracts.  Foreign affiliates or operations must submit to the Real Estate Services Office property management agreements, personal property leases, or contracts with a term longer than one year or in an amount greater than $25,000 per year. The campus then seeks approval from the University president or designee. For more information, consult the Guidelines for the Establishment and Operation of Foreign Affiliate Organizations and Foreign Operations.

Articles

The US State Department's page on AUSTRALIA may be found HERE.

Personal Safety

AUSTRALIA ALLOWING TRAVEL FROM NEW ZEALAND TO SOUTH AUSTRALIA, NSW, AND NORTHERN TERRITORY AS OF OCTOBER 21. ENTRY BAND, RESTRICTIONS ONGOING.  AS PART OF ONGOING EFFORTS TO REOPEN THE ECONOMY ADMIST THE CORONAVIRUS DISEASE (COVID-19) PANDEMIC, AUSTRALIAN AUTHORITIES ARE PERMITTING TRAVELERS FROM NEW ZEALAND TO ENTER SOUTH AUSTRALIA AND VICTORIA WITHOUT QUARANTINE AS OF OCTOBER 21. AN ENTRY BAN FOR MOST FOREIGN NATIONALS REMAIN IN EFFECT. THE DEPARTMENT OF FOREIGN AFFAIRS AND TRADE IS MAINTAINING ITS GLOBAL TRAVEL ADVISORY FOR CITIZENS AT "DO NOT TRAVEL," THE HIGHEST LEVEL, AND THE COUNTRY HAS BANNED MOST CITIZENS FROM OUTBOUND TRAVEL.

This page contains basic risk information. For more details, please contact the Risk Services Office at risk@berkeley.edu.

If you are traveling to Australia on University-related business, please sign up for the University’s travel insurance program by going here. For more information on the travel insurance program, please go here.

Because everyone’s health is unique, we suggest seeking the advice of a medical professional before traveling internationally. Members of the campus community interested in protecting their health while abroad may schedule an appointment with the University Health Services International Travel Clinic

Australia’s health infrastructure is well-regarded. In a health emergency, dial 000 for an ambulance. Use the same number to report police and fire emergencies. In major cities there is almost always at least one pharmacy open 24 hours.

Air pollution is a concern in urban areas. If you have a chronic respiratory condition such as asthma, please consult a medical professional prior to your trip and carry appropriate medications.

Mosquito bites can lead to serious illness, including dengue fever, Japanese encephalitis, kunjin virus (especially in the Northern Territories, Darwin and the northwest area of Western Australia, rural areas, and the Katherine area), Murray Valley encephalitis (northwest and southeast, especially after rainfall), and Ross River virus and Barmah Forest disease (common throughout the country from December to May). Use insect repellent liberally.

Australia is generally safe. Crime is more common in metropolitan areas, but violent street crime is rare. At night, avoid poorly-lit urban areas and deserted transit stations. Lock vehicles and do not leave valuable items in them. 

Legal/Political

Criminal Penalties: You are subject to local laws. If you violate local laws, even unknowingly, you may be expelled, arrested, imprisoned or deported.

  • It is illegal to take pictures of certain buildings, such as inside certain areas of Australian airports, near prisons, and at military bases.
  • Furthermore, some laws are also prosecutable in the United States, regardless of local law. 

Alcohol and Drugs:

  • Penalties for possession, use, or trafficking of drugs are strict. Convicted offenders can expect lengthy sentences and fines.
  • Driving under the influence of alcohol can result in jail time.
  • Random breath testing of a driver's blood alcohol level is a common occurrence.

Arrest Notification: If you are arrested or detained, ask police or prison officials to notify the U.S. Embassy immediately.  

Potential Health Screening: The 1908 Quarantine Law gives Australian authorities broad powers to prevent the entry of diseases and other materials into Australia that might pose a threat to its welfare. In the event of a public health emergency involving a communicable disease, passengers arriving in Australia may be subject to strict health screening measures, including testing, monitoring, and assessment for possible quarantine.

LGBTI Travelers:  There are no legal restrictions on same-sex sexual relations or the organization of LGBTI events in Australia. Australian federal law prohibits discrimination based on sexual orientation.

As of December 9, 2017 Australia defines marriage as “the union between two people.” Australia grants temporary and permanent visas to same-sex partners of Australian citizens.