Libya

Compliance/Financial Considerations

If you intend to do any of the following in Libya, 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 Libya, 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 Libya. 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 Libya at 17 out of 100 (170th 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 LIBYA may be found HERE.

Personal Safety

THE GOVERNMENT IN EASTERN LIBYA, LED BY THE LIBYAN NATIONAL ARMY (LNA) LEADER FIELD MARSHAL KHALIFA HAFTAR, HAS REOPENED LAND, AIR, AND SEA BORDERS AS OF OCTOBER 4. TRAVELERS TO BENGHAZI AND OTHER AREAS IN EASTERN LIBYA UNDER THE LNA MUST PROVIDE A NEGATIVE PCR TEST TAKEN NO MORE THAN 48 HOURS PRIOR TO TRAVEL, BEFORE THEY ARE ALLOWED ENTRY. LIBYA'S TRIPOLI-BASED INTERNATIONALLY RECOGNIZED GOVERNMENT OF NATIONAL ACCORD (GNA) HAS REGULARLY IMPOSED A COMPLETE FOUR DAY TO WEEK LONG LOCKDOWN IN THE CAPITAL CITY DUE TO A RISE IN CORONAVIRUS DISEASE (COVID-19). SIMILIAR MEASURES COULD LIKELY BE IMPOSED IN THE COMING DAYS AND WEEKS, DEPENDING ON THE DISEASE ACTIVITY. TRAVEL BETWEEN CITIES IN WESTERN LIBYA, THE USE OF PUBLIC TRANSPORTATION, SOCIAL GATHERINGS, AND THE OPERATION OF NONESSENTIAL BUSINESSES REMAIN PROHIBITED UNTIL FURTHER NOTICE. AUTHORITIES COULD REIMPOSE, EXTEND, FURTHER EASE, OR OTHERWISE AMEND ANY RESTRICTIONS WITH LITTLE TO NO NOTICE DEPENDING ON DISEASE ACTIVITY OVER THE COMING WEEKS.

THE U.S. STATE DEPARTMENT ISSUED A TRAVEL WARNING FOR LIBYA EFFECTIVE AUGUST 8, 2018. DO NOT TRAVEL TO LIBYA DUE TO CRIME, TERRORISM, CIVIL UNREST AND ARMED CONFLICT. 

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 Libya on University-related business, please sign up for the University’s travel insurance program 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 threat of civil unrest in Libya is high.  Protests occur often in Libya and sometimes devolve into violence. Most demonstrations are related to perceived government corruption, political stagnation, economic conditions, social issues, and attempted coups. Protests are most common in Tripoli, Benghazi, Tobruk, and Misrata and typically cause significant transportation delays. 

The threat of kidnapping in Libya is severe.  For both locals and foreign nationals, the threat of kidnapping in Libya is generally severe. The most common types of abductions in Libya include basic opportunistic kidnap-for-ransom, high net worth individual kidnap-for-ransom, and political kidnapping. Victims of kidnap-for-ransom are usually released unharmed but may be held for long periods of time. Victims of political kidnapping may face the threat of injury or death during confinement. 

Overall, the threat of violent crime in Libya is severe; foreign nationals are often targeted by criminals. Violent crime, including kidnapping, armed robbery, carjacking, homicide, and assault, poses the greatest threat in densely populated urban areas. This is due to the lack of a strong central government, the lack of a unified security force, and ongoing fighting between rival militias. Criminals in Libya do not hesitate to use force if a victim resists; do not resist.  

Gender-based violence and/or discrimination poses a severe threat to foreign nationals in Libya. Verbal harassment and sexual assault are common. Women walking alone often face harassment; the threat of a physical attack is lower than a verbal one, but assault cannot be ruled out. Anti-LGBTQ violence does systemically occur in Libya. Same-sex relationships are illegal in Libya and can be punishable by fines and imprisonment. Harsher punishments are possible in areas under the control of IS or other Islamist militia groups. 

Legal/Political

Criminal Penalties: You are subject to local laws. If you violate local laws, even unknowingly, you may be expelled, arrested, or imprisoned. Penalties for possessing, using, or trafficking in illegal drugs in Liberia are severe, and convicted offenders can expect long jail sentences and heavy fines.  Furthermore, some crimes 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. 

Photographs: Photographing military installations, air and sea ports, and important government buildings is prohibited. You should not take photographs of sites or activities that may be considered sensitive, as police may confiscate the camera.

LGBTI Travelers: Consensual same-sex sexual relations are criminalized in Liberia. Voluntary sodomy is a first-degree misdemeanor with penalties ranging up to one year in prison.