Chile

Compliance/Financial Considerations

If you intend to do any of the following in Chile, 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 Chile, consult the campus Research Administration Compliance Office at 642-0120.

Tax Reporting. The University and its employees may be taxed in foreign countries. The United States does not have a tax treaty with Chile. 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 Chile at 67 out of 100 (27th 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 CHILE may be found HERE.

Personal Safety

AS OF OCTOBER 26, OFFICIALS IN CHILE HAVE AMENDED NATIONAL AND LOCAL RESTRICTIONS TO CURB THE SPREAD OF  CORONAVIRUS DISEASE (COVID-19). NATIONWIDE 2300-0500 CURFEW REMAINS IN EFFECT. AUTHORITIES HAVE BANNED MOST NONRESIDENT FOREIGN NATIONALS FROM ENTERING THE COUNTRY. INDIVIDUALS DIAGNOSED WITH COVID-19 MUST QUARANTINE FOR 14 DAYS OR UNTIL THEY NO LONGER PRESENT SYMPTOMS, WHICHEVER IS LONGER. ANYONE WHO HAS HAD AT LEAST 15 MINUTES OF FACE-TO-FACE CONTACT OR PROLONGED EXPOSURE (TWO OR MORE HOURS IN A SHARED HOME, HOTEL OR OFFICE) WITH A PERSON CONFIRMED TO HAVE COVID-19 MUST QUARANTINE FOR AT LEAST 14 DAYS. ALL PERSON MUST WEAR PROTECTIVE FACE COVERINGS WHILE IN PUBLIC, INCLUDING PARKS, MASS TRANSIT VEHICLES, AND ELEVATORS. HEALTH OFFICIAL RECOMMEND MEDICAL-GRADE MASKS, BUT IMPROVISED OR HOMEMADE COVERINGS ARE PERMITTED AS LONG AS THEY COVER BOTH THE NOSE AND MOUTH. ALL PERSONS MUST ADHERE TO SOCIAL DISTANCING STANDARDS BY KEEPING AT LEAST 1 METER (3 FEET) AWAY FROM EACH OTHER.

EXERCISE INCREASED CAUTION IN CHILE DUE TO CIVIL UNREST.

Note: this page contains basic risk information. For more details, please contact the Risk Services Office at risk@berkeley.edu(link sends e-mail).

If you are traveling to Chile 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

Quality health care is widely available in Chilean cities, but lower-quality health care is the norm elsewhere. For medical resources in Santiago, go here. Dial 133 to request help for a health emergency. Chile’s public ambulance system is unreliable, so taxis or private transportation may be preferable. Many private hospitals maintain reliable ambulance services.

Air pollution can be a problem in Rancagua and Santiago. If you have a chronic respiratory condition such as asthma, please consult a medical professional prior to your trip and carry appropriate medications.

Water quality in Chile’s cities is good unless treatment facilities suffer system defects, power outages, or water shortages. When those events occur, and whenever you are traveling in rural or wild areas, drink bottled or purified water to reduce the risk of gastrointestinal illness. Visitors should use well-recognized brands of bottled water whenever possible.

Street vendors and other unregulated food distributors often have poor hygiene standards and should be avoided. Visitors should also avoid raw meat dishes and unpasteurized dairy products, which frequently harbor bacterial and parasitic pathogens.

Chile is among the safest countries in South America. Most criminal activity takes the form of petty theft, pickpocketing, purse-snatching, and other nonviolent offenses. The safety of public transit systems is comparable to American public transit systems.

Earthquakes are common in Chile. On September 16, 2015, an 8.3 quake struck the country, causing a tsunami in some places. To optimize your preparation for an earthquake, review this guidance from the State of California.

Legal/Political

Criminal Penalties: You are subject to local laws. If you violate local laws, even unknowingly, you may be expelled, arrested, or imprisoned. Furthermore, some laws are also prosecutable in the U.S., regardless of local law. 

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

Special Circumstances: Chile is prone to major earthquakes, wildfires, landslides, tsunamis, floods, and volcanic eruptions. Prepare for a natural disaster by consulting the websites of the U.S. Federal Emergency Management Agency and Chile's Oficina Nacional de Emergencia as well as these recommendations on what to do during a tsunami warning.

There are minefields on Chile's border with Peru, Bolivia, and Argentina in Patagonia. Follow clearly identified roads and trails when in minefield areas. Consult with national park or other local officials concerning minefields.

For outdoor and adventure sports along the border with Argentina, Bolivia or Peru, register with Chile’s Dirección Nacional de Fronteras y Limites del Estado, which can provide a permit allowing travelers to temporarily cross borders to engage in outdoor activities.

Despite the best efforts of local authorities, assisting persons lost or injured in isolated and wilderness areas is difficult. You should only undertake organized adventure activities with a well-established and insured company. If you intend to hike, never do so alone and always hire an experienced guide from a reputable company. Inform a family member or friend of your itinerary, including when you expect to be return. Register with park officials, when available, or the nearest police station when pursuing outdoor activities in remote areas. Obtain detailed information on hiking trails before setting out and do not venture off marked trails. Distances between centers for outdoor sports and top-notch hospital care can be extreme. You should consider getting medical evacuation insurance.

Before you go, consult:

Under Chilean law, you can be expelled from the country for damaging national heritage objects or places. Travelers should learn and adhere to all the rules of visiting national parks.

LGBTI Travelers: There are no legal restrictions on adult same-sex sexual relations or the organization of LGBTI events in Chile. There have been cases of discrimination due to sexual orientation and gender identity, including cases involving violence or death. Laws also prevent transgender persons from changing gender markers on government-issued identity documents.