Compliance/Financial Considerations
If you intend to do any of the following in Bermuda, 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 Bermuda, 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 Bermuda. For more information about double taxation issues, contact the Controller’s Office at:
- gao@berkeley.edu or 642-0031 for tax advising and unrelated business income tax coordination, or
- payhelp@berkeley.edu or 642-1336 for foreign tax form processing.
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.
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
Personal Safety
AUTHORITIES IN BERMUDA ARE LIKELY TO CONTINUE TO IMPOSE INTERNATIONAL TRAVEL RESTRICTIONS DESPITE LIFTING MOST DOMESTIC MEASURES IN JULY, AS PART OF THE COUNTRY'S CORONAVIRUS DISEASE (COVID-19) RECOVERY PLAN. OFFICIALS REQUIRE ALL INDIVIDUALS ENTERING BERMUDA TO SEEK GOVERNMENT AUTHORIZATION BY COMPLETING A FORM 1-3 DAYS BEFORE DEPARTURE. VISITORS WILL NOT OBTAIN AUTHORIZATION UNLESS THEY PRESENT NEGATIVE RESULTS FOR COVID-19 VIA A PCR TEST CONDUCTED NO MORE THAN SEVEN (7) DAYS BEFORE THEIR DEPARTURE FOR BERMUDA. VISITORS ARE ALSO REQUIRED TO PRESENT PROOF OF INSURANCE THAT COVERS COVID-19 TREATMENT AND HOSPITALIZATION TO OBTAIN TRAVEL AUTHORIZATION. ALL INDIVIDUALS MUST UNDERGO AN ADDITIONAL PCR TEST UPON THEIR ARRIVAL AND MUST QUARANTINE WHILE AWAITING RESULTS, WHICH TAKES APPROXIMATELY 24 HOURS TO OBTAIN. ALL ARRIVALS MUST ALSO UNDERGO FURTHER TESTS ON THE 3RD, 7TH, AND 14TH DAYS AFTER THEIR ARRIVAL AND DAILY HEALTH CHECKS FOR THE FIRST 14 DAYS OF THEIR STAY IN BERMUDA. ALL INDIVIDUALS ARE REQUIRED TO WEAR MASKS WHILE IN PUBLIC, PARTICULARLY WHENEVER SOCIAL DISTANCING IS NOT POSSIBLE. GATHERINGS OF MORE THAN 75 PEOPLE ARE PROHIBITED.
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 Bermuda 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.
Protests occasionally occur in Bermuda and some previous demonstrations have devolved into low-level clashes with police. Most demonstrations are related to labor disputes, social issues, or political developments. Protests are most common in Hamilton and occasionally cause minor transportation delays.
Crime generally poses a moderate threat in Bermuda. Petty crime is an ever-present threat globally, but in Bermuda, other criminal threats include armed robbery and vehicle theft. Rental vehicles are particularly susceptible to theft. Criminal activity is most prevalent in the isolated outskirts of Hamilton.
Legal/Political
Criminal Penalties: While you are traveling in Bermuda, you are subject to its laws even if you are a U.S. citizen. Foreign laws and legal systems can be vastly different than our own. There are also some things that might be legal in the country you visit, but still illegal in the United States, and you can be prosecuted under U.S. law If you break local laws in Bermuda, your U.S. passport won’t help you avoid arrest or prosecution. It’s very important to know what’s legal and what’s not where you are going.
Persons violating Bermuda’s laws, even unknowingly, may be expelled, arrested, or imprisoned. Bermuda Customs routinely boards visiting cruise ships with drug sniffing dogs and will arrest persons found to have any illegal drugs in their cabin. Penalties for possessing, using, or trafficking in illegal drugs in Bermuda are severe, and convicted offenders can expect jail sentences and/or heavy fines. Having a prescription for marijuana or any other drug currently illegal in Bermuda will not protect you from arrest or prosecution for possession of that illegal drug.
Special Circumstances: The Department of State warns United States citizens against taking any type of firearm, ammunition or component of a firearm into Bermuda. The Bermuda government strictly enforces its laws restricting the entry of weapons and ammunition. Entering Bermuda with a firearm, some bladed instruments, an ammunition magazine, or even a single round of ammunition is illegal, even if the weapon or ammunition is taken into the country unintentionally. Permission to import or own a gun in Bermuda must be sought in advance from the Bermuda Police Service. Any privately owned firearms must be secured at Bermuda Police Headquarters. Violations may result in arrest, convictions, and potentially long prison sentences. Pepper sprays and stun guns are considered dangerous weapons in Bermuda and are illegal.
Arrest notifications in host country: While some countries will automatically notify the nearest U.S. embassy or consulate if a U.S. citizen is detained or arrested in that country, others may not. To ensure that the United States is aware of your circumstances, request that the police and prison officials notify the nearest U.S. embassy or consulate as soon as you are arrested or detained overseas.
LGBT Rights: There are no legal restrictions on same-sex sexual relations or the organization of LGBT events in Bermuda. Bermuda has anti-discrimination protection for LGBT people; immigration and adoption rights for same-sex partners; and other spousal benefits in line with heterosexual marriage rights.