Cambodia

Compliance/Financial Considerations

If you intend to do any of the following in Cambodia, 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 Cambodia, 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 Cambodia. For more information about double taxation issues, 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 2017 survey of perceived public sector corruption rated Cambodia at 20 out of 100 (161st out of 180 countries reviewed, i.e.  corrupt).

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 CAMBODIA may be found HERE.

Personal Safety

AS OF OCTOBER 19, CAMBODIA CONTINUES TO ENFORCE RESTRICTIONS TO STEM THE SPREAD OF CORONAVIRUS DISEASE (COVID-19). ISSUANCE OF TOURIST VISAS AND E-VISAS, VISA-ON-ARRIVAL SERVICES, AND VISA EXEMPTIONS REMAIN SUSPENDED. FOREIGN NATIONALS INTENDING TO VISIT CAMBODIA MUST COMPLY WITH SEVERAL PROTOCOLS, WITH LIMITED EXCEPTIONS. REQUIREMENTS INCLUDE OBTAINING A VISA FROM A COMBODIAN DIPLOMATIC MISSION BY SUBMITTING, UP TO 72 HOURS BEFORE DEPARTURE, PROOF OF AT LEAST USD 50,000 IN MEDICAL INSURANCE COVERAGE, AND A MEDICAL CERTIFICATE FROM LOCAL HEALTH AUTHORITIES STATING THE TRAVELER IS FREE FROM COVID-19. ARRIVALS HAVE TO TEST FOR COVID-19; TRAVELERS WHO TEST POSITIVE AND ALL PASSENGERS ON THE SAME FLIGHT MUST QUARANTINE FOR 14 DAYS. OTHER TRAVELERS MUST SELF-QUARANTINE FOR TWO WEEKS. INBOUND FOREIGN NATIONALS HAVE TO PAY A USD 2,000 DEPOSIT TO COVER COSTS, INCLUDING USD 100 FOR COVID-19 TESTING AND USD 30 FOR A CERTIFICATE STATING THAT THEY ARE FREE FROM THE VIRUS; ONLY LIMITED EXCEPTIONS ARE ALLOWED.

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

If you are traveling to Cambodia 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

The quality of health care in Cambodia is poor. Evacuation to Thailand or Singapore is usually the best option for care of an acute illness or injury. The quality of ambulance service is well below western standards. Counterfeit medications are common. If you need medication, bring enough for the duration of your stay. The US Embassy provides this list of medical facilities, but takes no responsibility for the quality of care.

Air pollution can be a problem 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.

Travelers should assume the drinking water in Cambodia is contaminated. To reduce the risk of gastrointestinal discomfort or illness, drink only bottled, boiled, or purified water. Travelers should use well-recognized brands of bottled water whenever possible.

Travelers risk contracting a number of serious illnesses in Cambodia, including:

  • Malaria, transmitted via mosquito bites, year-round throughout the country, although the occurrence in Phnom Penh is considerably lower.
  • Typhoid, especially in rural Cambodia.
  • Tuberculosis. The World Health Organization considers Cambodia a high-risk country. Travelers staying for an extended time should get a pre-departure PPD skin test. Avoid crowded public spaces and mass transportation whenever possible.
  • Dengue fever, transmitted by mosquito bites, in urban and rural areas. The highest risk is in July and August.
  • Japanese encephalitis, also transmitted by mosquito bites, in rural areas from May to October.
  • Schistosomiasis, transmitted by parasites swimming in freshwater bodies, year-round along the Mekong and Mun Rivers and in Battambang province.
  • HIV/AIDS: spread by drug use and sexual behavior.

Cambodia has a high crime rate. Although most crime involving travelers is minor, criminals may be armed, and the risk of armed robbery increases significantly after dark in Phnom Penh, Sihanoukville, and Siem Reap. Theft is particularly common in transport hubs, markets, and while riding in tuk-tuks (open-air taxis). Pickpockets congregate in crowded areas and may pose as beggars. Theft from vehicles and hotel rooms is an increasing problem.  Travelers to rural areas may face extortion by bandits and law enforcement personnel, particularly in the areas between Snoul, Kratie, and Stoeng Treng in the northeastern provinces.

The Cambodian police are generally unreliable. They tend to forcefully intervene in demonstrations, so it is best to avoid public rallies. They rarely investigate crimes and may demand fees to write reports. They are often used by the government to track the activities and telephone calls of foreigners. 

Legal/Political

CRIMINAL PENALTIES: You are subject to local laws. If you violate local laws, even unknowingly, you may be expelled, arrested, or imprisoned. Penalties for possessing, using, or trafficking in illegal drugs in Cambodia are severe, and convicted offenders can expect long jail sentences and heavy fines. If you break local laws in Cambodia, your U.S. passport won’t help you avoid arrest or prosecution.

The legal process in Cambodia does not mirror that of the United States. The same rights and protections afforded those accused of a crime in the U.S. are not guaranteed in Cambodia, and the judicial process may be influenced by political, personal, and financial connections. In both the criminal and civil judicial systems, resources devoted to the investigation/discovery and trial process fall far below the standard expected in the United States. Cambodia routinely employs pre-trial detention for those charged with criminal offenses, sometimes for long periods of time before a trial is scheduled. Prison conditions in Cambodia are sub-standard and overcrowded, with little access to health care or basic nutritional requirements.

U.S. citizens in Cambodia should be aware that there are limits to the assistance the Embassy can offer to those with concerns about due process or the fairness of their trial, as we are unable to interfere in the legal processes of a host country.

There are also some things that might be legal in the country you visit, but still illegal in the United States. You can be prosecuted in the United States for engaging in sexual conduct with children or for using or disseminating child pornography in a foreign country regardless of the legality of these activities under that country’s laws. Counterfeit and pirated goods are illegal in the United States and if you purchase them in a foreign country, you may be breaking local law as well.

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

LGBTI Travelers: While there are no legal restrictions on same-sex sexual relations or the organization of LGBTI events in Cambodia, same sex marriage is not permitted. While Cambodians are relatively tolerant toward foreigners, LGBTI Cambodians routinely face discrimination and harassment, especially outside major urban areas. Public displays of affection are generally frowned upon, for couples of any sexual orientation.