Nepal

Compliance/Financial Considerations

If you intend to do any of the following in Nepal, 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 Nepal, 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 Nepal. 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 Nepal 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 NEPAL may be found HERE.

Personal Safety

NEPAL HAS EXTENDED ITS LAND BORDER CLOSURES THROUGH AT LEAST DECEMBER 15 AS PART OF ONGOING RESTRICTIONS MEANT TO CURB THE SREAD OF CORONAVIRUS DISEASE (COVID-19). ALTHOUGH THE MOVEMENT OF PEOPLE ACROSS LAND BORDRS IS BANNED, NEPALESE OFFICIALS ARE ALLOWING CROSS-BORDER CARGO SHIPMENTS. OTHER CONTINUING NATIONWIDE MEASURES INCLUDE REQUIRING RESIDENTS TO WEAR PROTECTIVE FACE COVERINGS AND ADHERE TO SOCIAL DISTANCING GUIDELINES WHILE IN PUBLIC. INTERNATIONAL FLIGHTS FROM SELECT DESTINATIONS ARE OPERATIONAL, THOUGH SERVICES REMAIN LIMITED AND MOSTLY SERVE RETURING NEPALI FOREIGNERS OFFICIALLY AFFILIATED TO INTERNATIONAL DEVELOPMENT ORGANIZATIONS AND DIPOLMATIC MISSIONS. THE GOVERNMENT IS ALLOWING PEOPLE WORKING FOR DIPLOMATIC MISSIONS, INTERNATIONAL ORGANIZATIONS, AND NON-GOVERNMENT ORGANIZATIONS TO ENTER NEPAL IF THEY SUPPLE A NEGATIVE PCR TEST OBTAINED WITHIN 72 HOURS. ALL FOREIGNERS WISHING TO TRAVEL TO NEPAL MUST OBTAIN VISAS FROM NEPALI DIPLOMATIC MISSION; OFFICIALS MAY REQUIRE MEDICAL AND EMPLOYMENT DOCUMENTS. APPROVED INCOMING TRAVELERS MUST SUBMIT A NEGATIVE RESULTS OF A PCR CONDUCTED NO MORE THAN 72 HOURS BEFORE THE TRAVEL DATE, PRESENT A HARD COPY OF ONLINE REGISTRATION ON THE COVID-19 CRISIS MANAGEMENT CENTRE WEBSITE ON ARRIVAL, AND ISOLATE AT THEIR RESIDENCE FOR 14 DAYS. FOREIGNERS ALREADY IN NEPAL MAY OBTAIN VISA EXTENSIONS THROUGH DECEMBER 15. OFFICIALS CONTINUE TO ADVISE NEPALI CITIZENS AGAINST NONESSENTIAL INTERNATONAL TRAVEL. HEALTH CHECKS ARE MANDATORY AT ALL ENTRY POINTS. AUTHORITIES CONTINUE TO MAINTAIN INTENSIFIED LAND BORDER PATROLS TO PREVENT UNAUTHORIZED ENTRY, ESPECIALLY ALONG THE INDIA-NEPAL BORDER; ARRESTS AND CLASHES ARE POSSIBLE.

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 Nepal 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 Nepal is poor. Evacuation to India, Thailand, or Singapore is the best option for treatment of acute illnesses or injuries. Although the relatively new Nepal Ambulance Service benefits from American assistance and can be reached by dialing 102 in Kathmandu and Patan, personally-arranged emergency transportation is likely to be faster and more effective. Medications are generally available from international clinics in Kathmandu, but local pharmacies tend to be poorly stocked. If you need medication, bring enough to last the duration of your stay.

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 drinking water in Nepal is contaminated with sewage. The drinking water may also contain high levels of naturally-occurring arsenic. Do not boil well water, as boiling concentrates the arsenic. To reduce the risk of gastrointestinal discomfort or illness, drink only bottled or purified water. Travelers should use well-recognized brands of bottled water whenever possible.

All food should be eaten well-cooked and hot. Street vendors and other unregulated food distributors often maintain substandard hygiene regimens 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 Nepal, including:

  • Malaria, transmitted via mosquito bites, especially below 4,000 feet in the southeastern districts of Bara, Dhanukha, Kapilvastu, Mahotari, Parsa, Rautahat, Rupandehi and Sarlahi. 
  • Typhoid, transmitted by impure food, water, and milk.
  • Tuberculosis, which may have infected up to 45% of the population. Travelers staying for an extended time should get a pre-departure PPD skin test. Avoid crowded public spaces and mass transportation whenever possible.
  • Hepatitis E, which may have infected one-third of the adult population, is most prevalent from mid-May through mid-October in the Kathmandu Valley.
  • Japanese encephalitis, transmitted by mosquito bites, mostly from July through December. The greatest risk is in the southern lowlands (Terai), although the disease is on the rise in the Kathmandu Valley.
  • Meningococcal disease, occurring mostly from November through April. This disease is also on the rise in Kathmandu Valley.

Petty theft is common in Nepal, with pickpockets and purse-snatchers often targeting foreigners on Kathmandu’s crowded streets, at tourist sites, and in markets and shopping centers. Be particularly wary in Kathmandu’s Thamel and Bouddha districts. Thefts from hotel rooms, residences, and vehicles are also common, especially after dark. Although violent crimes against foreigners are rare, travelers should avoid Kathmandu, the Kathmandu Valley, and Pokhara after dark. Women traveling alone risk verbal harassment.

Earthquakes occur every few years in Nepal. Powerful quakes in April and May of 2015 killed thousands of people and injured many thousands more. To optimize your preparation for an earthquake, review this guidance from the State of California. 

Legal/Political

Arrests and Consequences: You are subject to local laws. If you break local laws in Nepal, your U.S. passport will not help you avoid arrest or prosecution. If you violate local laws, even unknowingly, you may be expelled, arrested, or imprisoned. If you are arrested in Nepal, the authorities may keep you in detention for weeks or even longer during the investigation stage. Punishment for violations of criminal laws in Nepal range from fines to imprisonment, depending on the crime. Furthermore, some laws are also prosecutable in the United States, regardless of local law. 

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

Driving Under the Influence: Driving in Nepal after consuming any amount of alcohol could result in arrest.

Illicit Drugs: A variety of illegal drugs are available in Nepal. Purchasing, possessing or consuming illegal drugs, including marijuana and hashish, could result in both fines and jail time.

Firearms and Ammunition: You may not bring any kind of firearm or ammunition into Nepal. Violators who bring in firearms or ammunition – even imitations or in jewelry form – may be prosecuted.

SPECIAL CIRCUMSTANCES

TREKKING IN NEPAL

Solo Trekking: DO NOT TREK ALONE. The U.S. Embassy in Kathmandu strongly discourages U.S. citizens from hiking alone or even separating from larger traveling parties while on a trail. In recent years, U.S. citizens and other foreigners have disappeared, been seriously injured, or been victims of violent crime while trekking alone. In some cases, even after extensive search efforts, missing solo trekkers have not been found. The safest option for trekkers is to join an organized group and/or use a reputable trekking company that provides an experienced guide and porters who communicate in both Nepali and English. Trekking guides can be hired before arriving in Nepal, or in tourist areas of Kathmandu, Pokhara, and at some popular trailheads. When trekking, Embassy personnel are strongly encouraged to use professional guide services and to carry a Personnel Tracker Locator device.

Natural Disaster Risks: Trekking in Nepal comes with the risk of natural disaster. DO NOT TREK ALONE. Trekkers should be alert to the possibility of avalanches, landslides, and falling rocks, even when trails are clear. Although these risks existed prior to the April 2015 earthquake and its aftershocks, earthquakes have further destabilized some mountainous areas, causing severe landslides in some affected areas. Monsoon rains, which generally begin in June and largely end in September, may destabilize steep slopes and mountainsides. During the monsoon season, floods and landslides regularly damage travel infrastructure and telephone services, complicating efforts to locate U.S. citizens and arrange medical evacuations. Consult carefully with trekking agencies for current, location-specific information, and heed warnings of potential danger. Provide family or friends with a detailed itinerary prior to trekking and check in at all police checkpoints where trekking permits are logged. Register your itinerary through the STEP enrollment process. Before leaving Kathmandu, trekkers can check with the Himalayan Rescue Association (phone: +977-1-444-0292/444-0293) for reliable information about trail conditions and potential hazards of traveling in the Himalayas. We strongly recommend supplemental travel and evacuation insurance.

Altitude Risks: Everyone, regardless of age, experience, or fitness level, should exercise caution when trekking at high altitudes. Many popular trekking routes in Nepal cross passes as high as 18,000 feet. Only experienced mountain climbers should tackle the Himalayas. DO NOT TREK ALONE. Acclimatization is best achieved by walking slowly, rather than hurrying, to cover the distance at high altitudes. Without acclimatization, trekkers of all ages, experience, and fitness levels can experience acute mountain sickness (AMS), which can be deadly. Speak with your doctor or medical professionals in Kathmandu for specific recommendations. We strongly recommend supplemental travel and evacuation insurance.

Evacuation by Helicopter: Obtain emergency medical evacuation insurance before visiting Nepal. Many foreigners require or request evacuation by helicopter from Nepal’s rugged mountain terrain. Most hospitality employees along trekking routes can connect you with a helicopter evacuation service provider. Helicopter companies will generally require either specific evacuation insurance, pre-approval from your health insurance, or payment upfront by credit card in order to assist. Carry appropriate insurance and travel with credit card information. If you hope to have health insurance pay large bills without pre-approval, please note that the service provider may ask to hold onto your passport pending receipt of payment.

LGBTI Rights: Same-sex sexual activity is not criminalized, and lesbian, gay, bisexual, transgender and intersex (LGBTI) persons in Nepal actively and openly advocate for their rights. Nepal, however, remains a conservative and traditional society. Discrimination exists, and reports of non-violent harassment of LGBTI persons have been received. Accordingly, LGBTI travelers may wish to be discreet and avoid public displays of affection.