Colombia

Compliance/Financial Considerations

If you intend to do any of the following in Colombia, 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 Colombia, 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 Colombia. 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 2018 survey of perceived public sector corruption rated Colombia at 36 out of 100 (99th out of 180 countries reviewed, i.e.  somewhat 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 COLOMBIA may be found HERE.

Personal Safety

PRESIDENT IVAN DUQUE ANNOUNCED THE EXTENSION OF THE CURRENT SELECTIVE QUARANTINE MEASURES WITH NO CHANGES UNTIL NOVEMBER 30,  AS PART OF THE CONTINUED EFFORTS TO STEM THE SPREAD OF CORONAVIRUS DISEASE (COVID-19). UNDER THE DIRECTIVE, ONLY PEOPLE WHO PRESENT COVID-19 SYMPTOMS ARE REQUIRED TO SELF-QUARANTINE AT HOME FOR AT LEAST 14 DAYS. ALL OTHER INDIVIDUALS MUST CONTINUE TO WEAR FACEMASKS IN PUBLIC SPACES AND ADHERE TO PHYSICAL DISTANCING AND SANITIZATION PROTOCOLS. ALL OPEN ESTABLISHMENTS MUST CONTINUE TO FOLLOW STRICT SAFETY AND SANITATION GUIDELINES. RESTAURANTS MAY OPERATE WITH A 50-CAPACITY LIMIT. NO ALCOHOL MAY BE SERVED. NIGHTCLUBS REMAIN CLOSED.

EXERCISE INCREASED CAUTION WHEN TRAVELING TO COLOMBIA DUE TO INCREASED RISKS.

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 Colombia 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(link is external)

The quality of healthcare in Colombia’s urban areas is fair. Outside urban areas, the quality of healthcare may be substandard. Private ambulances tend to be superior to public ambulances. In a health emergency, dial 123 for the Centro Regulador de Urgencias or 132 for the Red Cross.

Air pollution can be a problem in urban areas, especially in Bogota, Medellin, and Cali. If you have a chronic respiratory condition such as asthma, please consult a medical professional prior to your trip and carry appropriate medications.

The drinking water in Colombia’s urban areas is treated, but system defects, power outages, and supply shortages may impair quality. Travelers should assume the drinking water in rural areas is contaminated with pathogens or chemicals. To reduce the risk of gastrointestinal discomfort or illness, drink only bottled, boiled, or purified water. 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 or undercooked meat dishes and unpasteurized dairy products, which frequently harbor bacterial and parasitic pathogens.

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

  • Malaria, transmitted by mosquito bites, wherever the elevation is below 2500 feet, especially during the rainy season.
  • Dengue fever, transmitted via mosquito bites, primarily after the rainy season. Colombia has among the highest incidences of dengue in Latin America, with tens of thousands of infections each year.
  • Yellow fever, yet another mosquito-borne disease, in low-lying, rural areas during the rainy season.
  • Leishmaniasis, of which Colombia suffers about 12,000 cases per year. At-risk areas include Tolima (especially Chaparral and San Antonio districts) and Narino departments, the southern jungles, and urban Huila.
  • Venezuelan equine encephalitis, which occurs mainly in jungle regions and can be fatal.

Civil unrest has been a longstanding risk in Colombia due to rebellions waged by the Revolutionary Armed Forces of Colombia (FARC) and National Liberation Army (ELN). In the past, rebels controlled significant portions of the country, but their sphere of influence has since diminished. On August 24, 2016, the Colombian government and FARC signed a treaty(link is external) to end half a century of armed conflict. Little more than a month later, however, a narrow majority of Colombians voted against the treaty(link is external). Until an enduring peace is ratified by all parties, travelers should hire security if traveling outside Colombia’s major cities and take additional precautions against politically-motivated violence and kidnapping if going to rural areas or oil-producing parts of the north.

Crime is a serious risk in Colombia. Gangs known as BACRIMs are composed of disaffected former soldiers and are usually involved in the drug trade. Street criminals are active day and night in urban areas, are often armed, and respond violently to resistance. Travelers should not go out at night on foot or in cars. Driving alone at any time is unwise, as carjacking is rampant. Use a private car service with an experienced driver. Registered, radio-dispatched taxis may be used with a reasonable degree of confidence, but negotiate and confirm fares in advance to avoid possible disputes. Do not hail taxis on the street due to high risk of robbery and assault.

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. 

Penalties for possessing, using, or trafficking in illegal drugs in Colombia are severe, and convicted offenders can expect long pre-trial detention and lengthy prison sentences under harsh conditions, with significant expense and great hardship for themselves and their families. Colombian law may require that released offenders serve a lengthy period of parole in country, during which the offender is given no housing and may lack permission to work. Family members must often support the offender until the parole period expires.

Colombia uses strict screening procedures for detecting narcotics smuggling at its international airports. Travelers are occasionally questioned, searched, fingerprinted, and/or asked to submit to an abdominal X-ray upon arrival or departure. Luggage is sometimes damaged during screening procedures. Most airport inspectors do not speak English.

Customs Regulations: Travelers generally must not enter or exit Colombia while carrying cash or other financial instruments worth more than 10,000 USD. If you do, you must declare it and be able to prove the legal source of the funds. 

Colombian law prohibits tourists and business travelers from bringing firearms and ammunition into Colombia. Colombian law also restricts the importation of plants and animals (or products made from either).

Artifacts: Colombian law forbids the export of pre-Columbian objects and other artifacts protected by cultural patrimony statutes. U.S. customs officials are obliged to seize pre-Columbian objects and certain colonial religious artwork brought into the United States.

LGBTI Travelers: There are no legal restrictions on same-sex sexual relations or the organization of LGBTI events in Colombia. Legal prohibitions on discrimination are not fully enforced. The government has taken measures to increase the rights and protection of LGBTI persons, but there are reports of societal abuse and discrimination on the basis of sexual orientation or gender identity.