El Salvador

Compliance/Financial Considerations

If you intend to do any of the following in El Salvador, 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 El Salvador, 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 El Salvador. 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 El Salvador at 35 out of 100 (105th 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 EL SALVADOR may be found HERE.

Personal Safety

OFFICIALS IN EL SALVADOR ARE LIKELY TO MAINTAIN THE EXISTING HEALTH-RELATED ENTRY REQUIREMENTS FOR INTERNATIONAL TRAVELERS THROUGH AT LEAST DECEMBER, AS PART OF THE NATION'S ONGOING CORONAVIRUS DISEASE (COVID-19) RESPONSE. PERSONS ARRIVING IN TEH COUNTRY ARE REQUIRED TO PRESENT PROOF OF A NEGATIVE PCR COVID-19 TEST TAKEN NO MORE THAN 72 HOURS BEFORE TRAVEL. ADDITIONAL HEALTH PROTOCOLS AND SCREENINGS ARE ALSO IN PLACE AT ALL AIRPORTS, INCLUDING MANDATORY REQUIREMENTS TO WEAR FACEMASKS AND MAINTAIN 2 METERS (6.5 FEET) PHYSICAL DISTANCING.

EXERCISE INCREASED CAUTION WHEN TRAVELING TO EL SALVADOR DUE TO CRIME.

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 El Salvador on University-related business, please sign up for the University’s travel insurance program here(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)

The quality of health care in El Salvador is considered below western standards, and emergency evacuation may be required for serious illnesses and injuries. Public health facilities are generally inferior to private health facilities. Even private hospitals and pharmacies may not have essential medicines. The best option for reaching medical assistance is via private transportation. 

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.

The drinking water in El Salvador’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. Travelers 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. Travelers 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 El Salvador, including:

  • Malaria, transmitted by mosquito bites, year-round but primarily during rainy season (from May to October).
  • Dengue fever, yet another mosquito-borne disease, year-round during rainy season and particularly in urban areas at lower elevations.
  • Leishmaniasis, which occurs mostly in the rural areas of central El Salvador.

El Salvador had the highest per capita homicide rate in the world in 2014, fueled by gang violence. At the time the State Department issued its travel warning, 34 Americans had been murdered in El Salvador since January 2010. Gang violence is typically aimed at other locals, but travelers can get caught in the crossfire, especially on public transportation, which should be avoided. Express kidnappings, where victims are forced to withdraw cash from ATMs and released after a few hours, are also typically aimed at locals, but have expanded to travelers in urban environments. Pickpocketing and purse snatching are the most frequent non-violent crimes, but armed robberies and assaults have become increasingly common. 

The Salvadoran police are poorly trained, slow to respond, and unlikely to solve crimes. Officers may solicit bribes from travelers for real or invented infractions, especially traffic-related offenses. Some criminals pose as police officers to facilitate illicit activities. Carry a copy of your identification papers and if asked for ID by the police, provide the copy, not the original. 

Legal/Political

CRIMINAL PENALTIES: While in El Salvador, you are subject to local laws. Your U.S. passport won’t help you avoid arrest. Remember your activities are limited by the type of visa you have. If you violate Salvadoran laws you may be expelled, arrested, or imprisoned. Penalties for possessing, using, or trafficking in illegal drugs in El Salvador are severe. Convicted offenders can expect long jail sentences and heavy fines. Some offenses committed overseas can be prosecuted in the United States, regardless of local law. 

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

Prison and detention center conditions in El Salvador are harsh and dangerous. Overcrowding constitutes a serious threat to prisoners’ health and lives. In many facilities, provisions for sanitation, potable water, ventilation, temperature control, and lighting are inadequate or nonexistent.

Guns: You must have a locally obtained license to possess or carry a firearm in El Salvador. Convictions for possessing an unlicensed firearm can carry a prison sentence of three to five years. The U.S. Embassy cannot intervene on your behalf.

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

Prison and detention center conditions in El Salvador are harsh and dangerous. Overcrowding constitutes a serious threat to prisoners’ health and lives. In many facilities, provisions for sanitation, potable water, ventilation, temperature control, and lighting are inadequate or nonexistent.

LGBTI RIGHTS: There are no legal restrictions on same-sex sexual relations or the organization of LGBTI events in El Salvador. There is, however, widespread discrimination based on sexual orientation in employment, access to health care, and identity documents. Public officials, including the police, have reportedly engaged in violence and discrimination against LGBTI persons.