Kuwait

Compliance/Financial Considerations

If you intend to do any of the following in Kuwait, 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 Kuwait, 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 Kuwait. 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 Kuwait at 41 out of 100 (78th 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 KUWAIT may be found HERE.

Personal Safety

AUTHORITIES CONTINUE TO MAINTAIN RESTRICTIONS RELATED TO CORONAVIRUS DISEASE (COVID-19) IN KUWAIT AS OF OCTOBER 30. KUWAITI NATIONALS AND RESIDENTS ARE PERMITTED TO FLY INTO AND OUT OF THE COUNTRY. TRAVELERS MUST OBTAIN A PCR TEST, CONDUCTED NO MORE THAN 96 HOURS BEFORE THEIR DEPARTURE.  TRAVELERS WILL NOT BE PERMITTED ENTRY TO KUWAIT IF, IN THE PRECEDING 14 DAYS, THEY HAVE BEEN IN A COUNTRY KUWAIT CONSIDERS HIGH RISK FOR COVID-19. UPON ARRIVAL, ALL TRAVELERS ARE SUBJECT TO A MANDATORY 14 DAY QUARANTINE AND MUST PROVIDE PROOF OF INSRUANCE WITH COVID-19 COVERAGE. TRAVELERS MUST ALSO DOWNLOAD AND REGISTER WITH THE "SHLONIK" APPLICATION BEFORE TRAVELING. AUTHORITIES ARE NOT ISSUING VISTOR VISAS UPON ARRIVAL AT THE AIRPORT. VISAS ARE ALSO NOT AVAILABLE ELECTRONICALLY IN ADVANCE.  ALL ENTRY VISAS MUST FIRST BE APPROVED BY KUWAIT'S CORONA EMERGENCY MINISTERIAL COMMITTEE. PROTECTIVE FACE COVERINGS MUST BE WORN IN PUBLIC. VIOLATORS MAY FACE FINES OR IMPRISIONMENT OF UP TO THREE MONTHS. THE LAND BORDER WITH IRAQ IS CLOSED UNTIL FURTHER NOTICE.

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 Kuwait 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 quality of medical care in Kuwait is improving but remains variable. In a health emergency, dial 112 for an ambulance. Ambulances may not be well-equipped, and first responders may lack basic life-saving skills. Non-Arabic-speaking travelers should have an Arabic speaker assist, as few emergency responders speak a second language and they may need detailed directions to find the traveler’s location and provide appropriate aid.

Air pollution can be a problem in Kuwait City. If you have a chronic respiratory condition such as asthma, please consult a medical professional prior to your trip and carry appropriate medications.

Tap water may be contaminated. To reduce the risk of gastrointestinal discomfort or illness, drink bottled or purified water. Street vendors and other unregulated food distributors should be avoided. Travelers should avoid raw meat dishes and unpasteurized dairy products, which frequently harbor bacterial and parasitic pathogens.

Risks of disease in Kuwait include West Nile virus (risk is highest in spring and summer) and leishmaniasis (risk is highest from April to November). Middle East Respiratory Syndrome, a viral illness new to humans, remains rare, with only occasional cases reported since 2013.

Kuwait has a low crime rate. However, travelers should avoid the Kuwait City neighborhoods of Jleeb Ash Shuyoukh, Hasawi, and Abbasiya, especially after dark.

Women should dress conservatively and travel with trusted male companions whenever possible. Lone women commonly face harassment and should not engage their harassers.

Members of the LGBTQ community should maintain a low profile in Kuwait, as behavior associated with queerness is prohibited and punishment may be harsh.  

Kuwaiti police are generally professional when dealing with travelers. Few field officers speak English fluently, but police stations often have an English speaker on staff. Travelers should always be courteous to the Kuwaiti police and be prepared to show travel documents.

Legal/Political

Criminal Penalties: You are subject to local laws. If you violate local laws, even unknowingly, you may be deported, arrested, or imprisoned. The U.S. government does not have legal jurisdiction over private U.S. citizens, including military contractors, in Kuwait.

Some laws are also prosecutable in the United States, regardless of local law. 

Have your U.S. passport or civil ID with you at all times, or authorities may detain you for questioning.

Alcohol and Drugs

  • Possession of alcohol and/or narcotics is illegal in Kuwait.
  • You risk immediate imprisonment for possession of alcohol or driving under the influence.
  • Penalties for possession, use, or trafficking in illegal drugs, synthetics, and drug-making ingredients are severe. Convicted offenders can expect long jail sentences and heavy fines.
  • Convictions for drug trafficking may include a death penalty sentence.

The following actions are illegal and may also lead to prosecution, imprisonment, and immediate deportation:

  • Humiliating or insulting any person verbally or through obscene gestures in a public place, including a police officer, public official, or private citizen.
  • Taking pictures or video clips without the subject’s knowledge or consent.
  • Having unpaid debts.
  • Driving without a Kuwait driver’s license after obtaining a residence permit.
  • Gambling.
  • Prostitution and pornography.

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

If arrested for criminal violations, you may be detained for weeks without formal charges being filed. Juvenile proceedings are closed to all but court officers.