NEW ZEALAND

Compliance/Financial Considerations

If you are doing any of the following in New Zealand, please contact Risk Services at risk@berkeley.edu or 642-5141:

  • Hiring a local to work for you as an employee
  • Purchasing or leasing office or research space
  • Purchasing or leasing an automobile
  • Establishing a long-term (over 90 days) or ongoing project
  • Conducting 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 New Zealand, 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 New Zealand may be found at the Internal Revenue Services’s  United States-New Zealand Income Tax Convention. For further clarification, contact the Controller’s Office at:

Foreign Bank Account Reporting. The U.S. Treasury Department requires U.S. citizen 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 the New Zealand at 87 out of 100 (2nd out of 180 countries reviewed, i.e.  clean).

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 NEW ZEALAND may be found HERE

Personal Safety

AUTHORITIES ARE MAINTAINING THE ALTER LEVEL FOR NEW ZEALAND AT LEVEL 1 AS OF NOVEMBER 16 AMID NO LOCAL CORONAVIRUS DISEASE (COVID-19) ACTIVITY.  HOWEVER, THE GOVERNMENT WILL REQUIRE PEOPLE TO WEAR FACE COVERINGS ON PUBLIC TRANSPORT IN AUCKLAND AND ON DOMESTIC FLIGHTS NATIONWIDE FROM 2359 NOVEMBER 18.  THE GOVERNMENT IS NOT IMPOSING ANY LIMITS ON GATHERING SIZE AND SOCIAL DISTANCING REQUIREMENTS FOR BUSINESSES. AN ENTRY BAN FOR MOST FOREIGN NATIONALS REMAIN IN PLACE. AUTHORITIES CONTINUE TO QUARANTINE INBOUND PASSENGERS AT GOVERNMENT DESIGNATED FACILITIES FOR 14 DAYS. TRAVELERS MUST TEST NEGATIVE FOR COVID-19 AND UNDERGO TWO ADDITIONAL TESTS BEFORE DEPARTING FACILITIES. OFFICIALS HAVE EXTENDED THE BAN ON CRUISE SHIPS ENTERING NEW ZEALAND PORTS. 

Note: this page contains basic risk information. For more details, please contact the Risk Services Office at risk@berkeley.edu(link sends e-mail).

If you are traveling to New Zealand on University-related business, please sign up for the University’s travel insurance program by going here(link is external). 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(link is external). 

New Zealand’s health infrastructure is excellent. In a health emergency, dial 111 for an ambulance.

Meningococcal meningitis occurs more frequently in New Zealand than in most developed countries, with Auckland and Manukau counties presenting the highest risk. Travelers are encouraged (but not required) to take Vaccine MeNZB if traveling to that area.

New Zealand is generally a safe country with a low crime rate. 

Earthquakes are common in New Zealand. Christchurch, the largest city on the south island, suffered a major quake in February 2011 and has not fully recovered. A 7.8 quake off the east coast of the south island on November 14, 2016 temporarily isolated the resort town of Kaikoura(link is external) and caused two deaths. To optimize your preparation for an earthquake, review this guidance from the State of California(link is external). 

Legal/Political

Criminal Penalties: You are subject to local laws. If you violate local laws, even unknowingly, you may be expelled, arrested, or imprisoned.  Individuals establishing a business or practicing a profession that requires additional permits or licensing should seek information from the competent local authorities, prior to practicing or operating a business.

  • Penalties for possessing, using, or trafficking in illegal drugs in New Zealand are severe, and convicted offenders can expect long jail sentences and heavy fines.
  • In New Zealand, driving under the influence could land you in jail. Roadside sobriety checks by police are common. The blood alcohol limit in New Zealand is lower than that in most U.S. states.

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. Consulate General immediately.

Imports: New Zealand is an island nation, and the government is serious about preserving its delicate ecosystem. The Ministry for Primary Industries (MPI) strictly regulates what can be imported into New Zealand.

  • If you do not declare goods that could be quarantined, you can be fined up to NZD $100,000 and/or face up to five years in prison.
  • If you do not declare goods considered to be a biosecurity risk, such as honey, fresh fruit, seeds, and plants, you can receive an instant fine of NZD $400.
  • When importing a pet, you will need thorough veterinary documentation and a quarantine period will be required.
  • The MPI may seize and destroy unfinished wood products, used hiking shoes, gardening tools, fresh food items, and items such as used pet carriers. Thoroughly clean any hiking equipment or sports gear prior to your arrival in New Zealand.

LGBTI Travelers:  There are no legal restrictions on same-sex sexual relations or the organization of LGBTI events in New Zealand.