Kazakhstan

Compliance/Financial Considerations

If you intend to do any of the following in Kazakhstan, 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 Kazakhstan, consult the campus Research Administration Compliance Office at 642-0120. 

Tax Reporting. The University and its employees may be taxed in foreign countries. The tax implications for operating in Kazakhstan may be found at the Internal Revenue Service’s United States-Kazakhstan Income Tax Convention. For further clarification, 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 Kazakhstan at 31 out of 100 (124th 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 KAZAKHSTAN may be found HERE.

Personal Safety

AUTHORITIES IN KAZAKHSTAN HAVE TIGHTENED LOCALIZED RESTRICTIONS AND INTERNATIONAL TRAVEL AS OF NOVEMBER 5 IN RESPONSE TO INCREASING CORONAVIRUS DISEASE (COVID-19) ACTIVITY. AUTHORITIES HAVE EXTENDED THE SUSPENSION OF THE VISA-FREE TRAVEL REGIME UNTIL MAY 1, 2021. AUTHORITIES CONTINUE TO MAINTAIN INTERNATIONAL TRAVEL RESTRICTIONS. PROTECTIVE FACEMASKS AND SOCIAL DISTANCING REQUIRED IN PUBLIC. AUTHORITIES COULD REIMPOSE, EXTEND, FURTHER EASE OR OTHERWISE AMEND ANY RESTRICTIONS WITH LITTLE TO NO NOTICE DEPENDING ON DISEASE ACTIVITY OVER THE COMING WEEKS.

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 Kazakhstan 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.

The threat of civil unrest in Kazakhstan is low. Protests rarely occur in Kazakhstan and seldom devolve into violence. Most demonstrations are related to economic conditions or political developments. Protests are most common in Almaty and the western Mangystau region, and occasionally cause minor transportation delays.

Crime generally poses a moderate threat in Kazakhstan.  Criminal activity is most prevalent in the western provinces of Atyrau and Aktau, and large cities such as Almaty and Qaragandy.

Nonviolent crime poses a moderate threat to foreign nationals and is concentrated in heavily populated tourist areas and on public transport. Thieves typically target luggage, wallets, purses, home and car theft, and smartphones. These opportunistic crimes can occur anywhere, including on trains, at airports, and on other forms of public transportation. Foreign nationals are typically targeted by criminals when the opportunity is right or the victims are perceived to be wealthy. Crimes against foreign nationals are more likely to escalate late at night. Criminals often act in groups.

Scams pose a moderate threat to foreign nationals in Kazakhstan. Official data is not reliable due to poor government recordkeeping. Criminals are known to impersonate the police.

Overall the threat of violent crime in Kazakhstan is moderate; foreign nationals are sometimes targeted by criminals. Violent crime, including assault and theft, poses the greatest threat in Atyrau and Aktau in western Kazakhstan, and in Astana and Almaty.

Gender-based violence and/or discrimination poses a moderate threat to foreign nationals and a high threat to local staff in Kazakhstan. Domestic abuse is common. Anti-LGBTQ violence does systemically occur in Kazakhstan. The lesbian, gay, bisexual, transgender, and queer (LGBTQ) community faces attacks and little protection from the government; homophobia is widespread.

Legal/Political

  • You must obey all laws in Kazakhstan.
  • If you violate them, even without knowing you did, you may be expelled, arrested, or imprisoned.
  • Penalties for possessing, using, or trafficking in illegal drugs in Kazakhstan are severe, and convicted offenders can expect long jail sentences and heavy fines.
  • You may be taken in for questioning if you don’t have your passport with you or if you take pictures of certain buildings or other sensitive infrastructure.
  • Kazakhstan has a zero-tolerance policy for driving under the influence of alcohol. You can be detained immediately if you are driving under the influence of alcohol.
  • Some laws are also prosecutable in the U.S., regardless of local law. F

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

LGBTI Travelers: There are no specific legal restrictions on same-sex sexual relations or the organization of Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) events in Kazakhstan. Negative social attitudes towards LGBTI persons are widespread, and local LGBTI persons are sometimes subject to physical and verbal abuse, as well as unwanted attention from police.