Madagascar

Compliance/Financial Considerations

If you intend to do any of the following in Madagascar, 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 Madagascar, 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 Madagascar. 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 Madagascar at 25 out of 100 (152nd 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 MADAGASCAR may be found HERE.

Personal Safety

AUTHORITIES HAVE ENDED THE STATE OF HEALTH EMERGENCY RELATED TO CONTAINING THE CORONAVIRUS DISEASE (COVID-19) OCTOBER 19. SEVERAL RESTRICTIONS AND MEASURES REMAIN IN PLACE, INCLUDING INTERNATIONAL TRAVEL. FASCENE AIRPORT (NOS) ON NOSEY BE ISLAND IS THE ONLY AIRPORT IN THE COUNTRY PERMITTED TO RECEIVE INTERNATONAL TRAVELERS FROM ISLANDS IN THE INDIAN OCEAN SINCE OCTOBER 7; ALL OTHER INTERNATIONAL AIRPORTS REMAIN CLOSED. A NEGATIVE COVID-19 TEST IS REQUIRED UPON ENTRY. A MANDATORY 14 DAY QUARANTINE PERIOD IS REQUIRED FOR ALL TRAVELERS. THE LAST DATE FOR REPATRIATION FLIGHTS TO THE COUNTRY WILL BE NOVEMBER 1. THE WEARING OF A PROTECTIVE FACEMASK REMAINS MANDATORY IN PUBLIC SPACES. ALL SEA BORDERS REMAIN SUSPENDED UNTIL FURTHER NOTICE; HOWEVER, CARGO AND HUMANITARIAN FLIGHTS ARE OPTIONAL. AUTHORITIES COULD CHANGE COVID-19 RESTRICTIONS WITH LITTLE TO NO WARNING.

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 Madagascar 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 health care in Madagascar varies greatly. The best health care is in Antananarivo. In the event of a medical emergency, travelers should seek care at Antananarivo’s Polyclinique D'Ilafy. Otherwise, evacuation to South Africa may be necessary. The US Embassy has published this list of medical providers in Madagascar but makes no representations as to the quality of their care. If you need medication, bring enough for the duration of your stay.

Air pollution is 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 drinking water in Madagascar is unsafe. To reduce the risk of gastrointestinal discomfort or illness, drink only bottled, boiled, or purified water. Avoid ice cubes. Travelers should use sealed, well-recognized brands of bottled water whenever possible.

All food should be eaten well-cooked and hot. Fruits and vegetables should be peeled or soaked in disinfectant solution for at least 15 minutes prior to eating. Dairy products are often unsafe. Consume only pasteurized milk, or use powdered or canned milk. Eat cured cheeses only. Travelers should also avoid raw or undercooked meat dishes, which frequently harbor bacterial and parasitic pathogens. Street vendors and other unregulated food distributors often maintain substandard hygiene regimens and should be avoided.

Travelers risk contracting a number of serious illnesses in Madagascar, including:

  • Malaria, transmitted via mosquito bites, year-round throughout the country.
  • Tuberculosis. The World Health Organization considers Madagascar an intermediate-risk country. Travelers staying for an extended period should get a pre-departure PPD skin test. Avoid crowded public spaces and mass transportation whenever possible.
  • Yellow fever, transmitted via mosquito bite and considered endemic to Madagascar.
  • Chikungunya, transmitted through the bite of an infected mosquito, year-round and throughout the country.
  • Dengue fever, transmitted by mosquitoes active during daylight.
  • Filariasis, a lymphatic condition caused by multiple mosquito bites.
  • Typhoid, transmitted via contaminated water, milk, shellfish, and other foods.
  • Hepatitis A, transmitted via fecally-contaminated food and drink. Madagascar is considered a high-risk country for Hepatitis A.
  • Hepatitis B, transmitted through infected blood and bodily fluids. Travelers should get a Hepatitis B vaccination prior to departure and while in Madagascar avoid unsafe sex, invasive medical procedures, tattooing, and piercing.
  • Crimean-Congo Hemorrhagic Fever, spread via tick bite or contaminated blood from other humans or animals, year-round and throughout the country.
  • Schistosomiasis, spread by parasites in fresh-water bodies.

The crime rate in Madagascar is moderate. Petty crime is common, especially at the airport and in crowded tourist areas. Violent crime is relatively unusual, but armed robberies are increasing at national parks and on beaches. Do not signal affluence by displaying jewelry or cameras, especially while visiting markets or other crowded public areas. Avoid solo travel at night, especially to areas on the outskirts of the capital, the Analakely area, Araben ny Fahaleovantena Boulevard, train stations, and Nosy Be beach areas.

Avoid public transportation, including buses and taxis, as armed gangs and petty thieves pose a threat to travelers at some stations and stops. If you must travel by road, go during daylight in a private car with four-wheel drive and a trusted local driver. If you travel by road at night, approach checkpoints with caution and pre-dial a trusted friend on a cell phone in case you encounter trouble.

Madagascar has experienced bouts of political unrest over the last decade and demonstrations are common, typically on Avenue L’Independance in Antananarivo. Try to avoid protests, as they are frequently broken up by security forces using tear gas and even deadly force. 

Legal/Political

Criminal Penalties: You are subject to local laws. If you violate local laws, even unknowingly, you may be expelled, arrested, or imprisoned. Furthermore, some laws 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. 

Drugs: Penalties for possession, use, or trafficking in illegal drugs in Madagascar are severe, and convicted offenders can expect long jail sentences and heavy fines.

Visa overstays are a violation of local laws and U.S. citizens who overstay their visas will be subject to fines and potential prosecution.

Exporting Gemstones/Precious Materials: The Government of Madagascar restricts the export of precious gems. Before purchasing or transporting gemstones, seek clarification of the applicable laws. Any precious materials should be accompanied by a certificate of authenticity and a certificate to allow for exportation from Madagascar.

LGBTI Travelers: Consensual same-sex sexual relations are criminalized in Madagascar with and between persons under the age of 21, and Malagasy law contains no anti-discrimination protections for LGBTI persons. Penalties can include imprisonment and fines.