Congo (Republic of)

Compliance/Financial Considerations

If you intend to do any of the following in Republic of the Congo, 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 Republic of the Congo, 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 Republic of the Congo. 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 Republic of the Congo at 19 out of 100 (165th 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 CONGO (REPUBLIC OF THE)  may be found HERE.

Personal Safety

AUTHORITIES IN THE REPUBLIC OF THE CONGO HAVE EXTENDED THE STATE OF HEALTH EMERGENCY THROUGH AT LEAST NOVEMBER 7 AS PART OF EFFORTS TO CONTAIN THE SPREAD OF CORONAVIRUS DISEASE (COVID-19). COMMERCIAL FLIGHTS TO AND FROM THE REPUBLIC OF THE CONGO REMAIN IN OPERATION SINCE AUGUST 24, HOWEVER, FLIGHTS ARE LIMITED. THOSE ARRIVING INTO THE COUNTRY EXCEPT FOR TRAVELERS UNDER THE AGE OF 11, MUST PROVIDE A NEGATIVE COVID-19 TEST. IF THE TEST WAS TAKEN LESS THAN 72 HOURS BUT LESS THAN 10 DAYS BEFORE ARRIVAL, TRAVELERS MUST TAKE A SECOND TEST ON ARRIVAL AND QUARANTINE FOR 14 DAYS AT THEIR ACCOMMODATION. IF A TEST IS NOT TAKEN 10 DAYS BEFORE ARRIVAL, TRAVELERS WILL BE TRANSFERRED TO A HOTEL AND TESTED WITHIN 48 HOURS. IF THE RESULT IS NEGATIVE, TRAVELERS MAY MOVE TO THEIR ACCOMMODATION TO COMPLETE THEIR 14-DAY QUARANTINE. IF THE RESULT IS POSITIVE, TRAVLERS WILL BE MOVED FROM THE HOTEL TO A GOVERNMENT COVID-19 MANAGEMENT SITE. ARRIVING SYMPTOMATIC TRAVELERS WILL BE QUARANTINED AT A GOVERNMENT FACILITY AND WILL ONLY BE RELEASED FOLLOWING TWO NEGATIVE TESTS. ONCE RELEASED, THEY MUST COMPLETE A 14-DAY QUARANTINE AT THEIR ACCOMMODATION.

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 Congo (Republic of) 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 threat of civil unrest in the Republic of Congo is moderate.  Protests occasionally occur in the Republic of Congo and sometimes devolve into violence. Most demonstrations are related to political developments, such as constitutional referendums and election campaigns. Protests are most common in Brazzaville, Pointe-Noire, and Dolisie, and occasionally cause significant transportation delays.

Crime generally poses a high threat in the Republic of Congo. Criminal activity is widespread throughout the country, particularly in urban locations like the Marche Total and Bacongo neighborhoods of southern Brazzaville, the Moungali area of northern Brazzaville, around the Meridien and Residence Marina hotels in Brazzaville, and near the port in Pointe-Noire.

Nonviolent crime poses a high threat to foreign nationals and expatriates, and is widespread in the Republic of Congo. Thieves typically target purses, bags, wallets, smartphones, and other electronic devices. These opportunistic crimes can occur anywhere, but especially at beaches, parks, tourist attractions, on buses, in taxis or cars, in restaurants or bars, and outside of ATMs/banks. Criminals typically target foreign nationals, expatriates, and local staff due to their perceived wealth or lack of vigilance.

Crimes against foreign nationals, expatriates, and local staff are more likely to escalate late at night or if the victim attempts to resist. 

Overall, the threat of violent crime in the Republic of Congo is moderate; foreign nationals are sometimes targeted by criminals. Violent crime, including carjacking, homicide, sexual assault, and assault poses the greatest threat in the Pool region and other rural areas of Congo; this may be due to long-term economic recession and the influx of arms. Criminals in Congo do not hesitate to use force if a victim resists; do not resist. 

Gender-based violence and/or discrimination poses a high threat to foreign nationals, expatriates, and local staff in the Republic of Congo. 

Anti-LGBT violence may occur in Congo. Lesbian, gay, bisexual, and transgender (LGBT) individuals face societal discrimination and harassment, including from police soliciting bribes. Verbal harassment is known to occur; same-sex couples that publicly express affection may face harassment from locals.

Legal/Political

Criminal Penalties: You are subject to local laws. If you violate local laws, even unknowingly, you may be expelled, arrested, or imprisoned. You may be taken in for questioning by the police if unable to produce an acceptable form of identification. Convictions for possessing, using, or trafficking in illegal drugs result in long prison sentences and heavy fines. 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. Dual nationality is legally recognized; if however, Congolese officials prosecute you as a Congolese citizen, we may be limited in our ability to assist. 

Photography: It is illegal to take pictures of government buildings, military installations, key infrastructure such as ports, train stations, and airports, and along border areas. You could be detained or arrested, fined, and have equipment confiscated. Do not take photos of Congolese without their permission.

LGBTI Travelers: There are no legal restrictions on same-sex sexual relations or the organization of LGBTI events in Republic of Congo. However, LGBTI individuals face societal discrimination and harassment. There have been reports of police in Pointe-Noire verbally, physically, or sexually abusing openly gay young men and harassing gay men in order to elicit bribes.