Cuba

Compliance and Financial Considerations

If you intend to do any of the following in Cuba, 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 Cuba, 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 Cuba. 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 Cuba at 47 out of 100 (61st 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 CUBA may be found HERE.

Personal Safety

CUBAN AUTHORITIES HAVE ANNOUNCED THAT MOST OF THE COUNTRY WILL ENTER THE SO-CALLED "NEW NORMAL" PHASE OF THE CORONAVIRUS DISEASE (COVID-19) RECOVERY FROM OCTOBER 12 EXCEPT HAVANA, AND THE PROVINCES OF CIEGO DE AVILA AND SANCTI SPIRITUS, WHERE STRICTER MEASURES WILL CONTINUE TO BE ENFORCED.  ALL TRAVELERS MUST DECLARE THEIR HEALTH STATUS AND WILL BE REQUIRED TO TAKE A COVID-19 PCR TEST UPON ARRIVAL. TRAVELERS MAY AWAIT THEIR TEST RESULTS AT THEIR HOTELS OR HOMES, UNDER HEALTH SURVEILLANCE MEASURES. INDIVIDUALS ARE REQUIRED TO WEAR A FACEMASK IN ALL ENCLOSED PUBLIC SPACES AND MUST CONTINUE TO ADHERE TO SANITIZATION AND PHYSICAL DISTANCING REQUIREMENTS.

EXERCISE INCREASED CAUTION IN CUBA DUE TO DEMONSTRABLE AND SOMETIMES DEBILITATING INJURIES TO MEMBERS OF OUR DIPLOMATIC COMMUNITY RESULTING IN THE DRAWDOWN OF EMBASSY STAFF.

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

If you are traveling to Cuba on University-related business, please sign up for the University’s travel insurance program by going here(link is external)(link is external)(link is external)(link is external). 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)(link is external)(link is external)(link is external)

Medical care in Cuba varies by location. Although medical facilities are usually good at basics, they may suffer from shortages of supplies and bed space. There is no national number for health emergencies, but in many areas you can dial 104 for an ambulance or 106 for a general emergency. Health care providers often expect immediate cash payment. Travelers must bring each prescription in its original packaging and have a doctor's prescription.

Water may be contaminated, so travelers are encouraged to drink only bottled or boiled water and avoid tap water, ice cubes, and fountain drinks. Food should be fully cooked and should not be purchased from street vendors. Dairy products are often unpasteurized and should be avoided. Reef fish, including grouper, snapper, amberjack, and barracuda, may contain ciguatera poison, which is not destroyed by cooking.

Cuba is generally safe, although petty crimes such as scams, pickpocketing, and muggings are a risk at markets, beaches, transportation hubs, and the Old Town and Prado neighborhoods of Havana. Cuban police are ubiquitous but have a poor reputation for efficiency. 

The Cuban government may put travelers under surveillance. It is prudent for travelers to assume they are being watched.

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. 

Cuban penalties for the following are particularly strong:

  • Possession, use, or trafficking of illegal drugs.
  • Suspicion of assisting Cubans to leave the country illegally.
  • Drivers involved in accidents that result in injury or death, regardless of fault.
  • Importing weapons or ammunition.
  • Photographing military or police installations or personnel, or harbor, rail, or airport facilities.

The Government of Cuba does not recognize the U.S. nationality of Cuban-born U.S. citizens and may not allow U.S. consular access to Cuban-American prisoners.

Telecommunications: Many U.S. mobile service carriers provide roaming services in Cuba, and Wi-Fi is often slow and spotty. SIM cards with a data plan cannot be purchased at airports. You may need to go to an ETECSA (Cuban Telecommunications Company) office to obtain one. To ensure family and friends can reach you in Cuba, check with your mobile provider about roaming options and cost. You can also purchase a Wi-Fi card from ETECSA offices and kiosks or from major hotels for access at designated Wi-Fi spots. The card will not enable you to make calls. If you plan to spend more than a couple of days in Cuba, you may enter into a temporary local telecommunications contract with ETECSA.  See the FCC Travel FAQs for more information.

LGBTI Travelers: There are no legal restrictions on same-sex sexual relations or the organization of LGBT events in Cuba, but same-sex marriage is not legally recognized.