Haiti

Compliance/Financial Considerations

If you intend to do any of the following in Haiti, 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 Haiti, 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 Haiti. 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 Haiti at 20 out of 100 (161st out of 180 countries reviewed, i.e.  very 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 HAITI may be found HERE(link is external).

Personal Safety

AUTHORITIES IN HAITI ARE LIKELY TO MAINTAIN THE PREVIOUSLY ANNOUNCED 0001-0400 CURFEW THROUGH AT LEAST NOVEMBER AS PART OF THE NATION'S CORONAVIRUS DISEASE (COVID-19) RESPONSE. ALL INDIVIDUALS MUST WEAR A PROTECTIVE FACEMASK IN PUBLIC SPACES AND MAINTAIN A SOCIAL DISTANCE OF 1.5 METERS (5 FEET) BETWEEN EACH OTHER. INTERNATIONAL TRAVEL RESTRICTIONS HAVE ALSO BEEN LIFTED. COMMERCIAL PASSENGER FLIGHTS AT AIRPORTS IN PORT-AU-PRINCE AND CAP HAITIEN ARE CONTINUING. ARRIVING PASSSENGERS WILL BE SUBJECT TO HEALTH TEMPERATURE CHECKS AT THE AIRPORT. PERSONS ARRIVING FROM HIGH TRANSMISSION COUNTRIES MAY BE REQUIRED TO PRESENT A COVID-19 PCR TEST ISSUED WITHIN 72 HOURS BEFORE DEPARTURE. TRAVELERS SHOWING SYMPTOMS OF COVID-19 MAY BE ASKED TO SELF QUARANTINE FOR 14 DAYS. ALL MEASURES ARE SUBJECT TO AMENDMENT AT SHORT NOTICE.

THE U.S. STATE DEPARTMENT ISSUED A TRAVEL ADVISORY  (UPDATED JUNE 11, 2019) ASKING TRAVELERS TO RECONSIDER GOING TO HAITI DUE TO CRIME, CIVIL UNREST AND KIDNAPPING. TRAVELERS TO HAITI SHOULD READ THE ENTIRE TRAVEL WARNING BEFORE DEPARTURE AND TAKE APPROPRIATE STEPS TO ASSURE THEIR PERSONAL SAFETY.

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 Haiti on University-related business, please sign up for the University’s travel insurance program by going 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 Haiti is poor. Emergency evacuation is strongly recommended for flare-ups of chronic illness and for acute illness and injury. Public health facilities are inferior to private health facilities, but even private health facilities often lack essential medicines, supplies, and equipment. If local hospital care is absolutely necessary, dial 118 for an ambulance.

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.

Travelers should assume the tap water in Haiti is contaminated, even if it is drawn from a deep well. 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.

All food should be eaten well-cooked and hot. Avoid grouper, snapper, amberjack, and barracuda, as they can be contaminated with ciguatera poison, which remains after cooking. Travelers should also avoid ackee, a pear-shaped yellow fruit, as it can cause vomiting, sickness, and death if not fully ripe. Ackee is usually ready to eat when it splits open from exposure to sunlight.

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 Haiti, including:

  • Malaria, transmitted by mosquito bites, year-round but primarily during rainy season (from May to November) and especially in southern coastal areas.
  • Dengue fever, yet another mosquito-borne disease, year-round and particularly in coastal and lowland urban areas.
  • HIV/AIDS, the leading cause of death among Haitian 15-44 year-olds.
  • Cholera, which became endemic after the January 2010 earthquake and is most prevalent in the departments of Artibonite, Centre, and Nord.
  • Filariasis, a low risk for short-term travelers, but one that may lead to lymphatic dysfunction. The disease is transmitted via multiple mosquito bites. The risk is nationwide, but highest in the departments of North, Northwest, North East, and Artibonite.

Crime is a serious risk for travelers. Pickpocketing and purse snatching are the most frequent non-violent crimes, but armed robberies and assaults have become increasingly common. Foreigners also face the risk of kidnapping. Criminals are usually armed and readily resort to force. To reduce risks to your personal safety, avoid traveling alone and do not travel at night. If you need motorized transportation, use a private car with a trained driver who knows what to do in the event of a carjacking attempt. Avoid public transportation, as buses or "tap taps" are subject to hijacking and their occupants to robbery. Expect frequent roadblocks and checkpoints, some of which may be set up by criminals.

The Haitian police (PNd’H) are poorly trained, under-resourced, and often corrupt. They are widely distrusted by the local population. The PNd’H’s behavior at times provokes demonstrations, particularly in urban areas, and those demonstrations can quickly turn violent.

Haiti is prone to earthquakes. To optimize your preparation for an earthquake, review this guidance from the State of California(link is external).

Legal/Political

Criminal Penalties: U.S citizens are subject to local laws. If you violate local laws, even unknowingly, you may be deported, arrested, or imprisoned. Some acts committed in Haiti may be prosecuted in the U.S., even if there is no prosecution in Haiti. Release on bond is not typically available to those arrested for serious crimes. Penalties for possession, use, or trafficking in illegal drugs are severe. If convicted, expect long jail sentences and heavy fines. The judicial process in Haiti is extremely slow for both private business disputes and criminal cases. Progress in a case is often dependent on unrelated factors, such as political connections.

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

LGBTI Travelers: Anti-LGBTI sentiment exists. Persons identified as LGBTI may be targeted for harassment, discrimination, or physical attacks.