Sudan

Compliance/Financial Considerations

If you intend to do any of the following in Sudan, 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 Sudan, 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 Sudan. 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 Sudan at 16 out of 100 (172nd 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 SUDAN may be found HERE.

Personal Safety

AUTHORITIES ARE MAINTAINING SOME MEASURES TO CURB THE SPREAD OF CORONAVIRUS DISEASE (COVID-19) AS OF NOVEMBER 21. KHARTOUM INTERNATIONAL AIRPORT (KRT) IS PARTIALLY OPEN. ALL TRAVELERS MUST OBTAIN A NEGATIVE PCR TEST. IT MUST BE NO OLDER THAN 96 HOURS ON ARRIVAL. PERSONS 6 YERS OF AGE AND UNDER ARE EXEMPT FROM THIS REQUIREMENT. PERSONS SEEKING TO DEPART SUDAN REQUIRE A NEGATIVE PCR TEST OBTAINED NO LESS THAN 72 HOURS BEFORE DEPARTURE. PERSONS SUSPECTED OF HAVING COVID-19 MAY BE TAKEN TO ISOLATION CENTERS. THESE ARE LOCATED AT THE KHARTOUM AND OMDURMAN TEACHING HOSPITALS, JEBRA TRAUMA CENTER, AND THE UNIVERSAL HOSPITAL IN KHARTOUM NORTH. 

THE U.S. STATE DEPARTMENT ISSUED A TRAVEL ADVISORY FOR SUDAN EFFECTIVE SEPTEMBER 26, 2019 DUE TO CRIME, TERRORISM, KIDNAPPING, CIVIL UNREST AND ARMED CONFLICT. TRAVELERS TO SUDAN ARE URGED IN THE STRONGEST TERMS TO CONTACT RISK SERVICES AT LEAST TWO WEEKS PRIOR TO DEPARTURE TO MAXIMIZE PERSONAL SAFETY.

Legal/Political

Criminal Penalties: While in Sudan, you are subject to local laws. The national state of emergency grants broad search, seizure, and arrest powers to law enforcement and security agencies. If you violate local laws, even unknowingly, you may be expelled, arrested, or imprisoned. You may be detained for questioning by the police if unable to produce an acceptable form of identification. Convictions for possessing, using, or trafficking in alcohol or illegal drugs can result in long jail sentences and heavy fines. Furthermore, some laws are also prosecutable in the U.S., regardless of local law. 

Photography: Photography requires a permit from the External Information Centre in Khartoum (part of the Ministry of Information). Even with a permit, it is illegal to take pictures of military installations, public utilities, infrastructure (e.g., bridges, airports), slum areas, or beggars. Do not take photographs or use equipment with cameras (including cell phone camera and laptops) close to government buildings. You could be fined, have your photographic equipment confiscated without notice, and risk detention and arrest. Do not take photos of Sudanese without their permission.

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

Sudanese law enforcement officials routinely block access to foreign nationals in detention. The U.S. Embassy may not receive notification or be allowed access to you. Moreover, dual U.S. – Sudanese nationals may be prosecuted as a Sudanese citizen, impeding our ability to provide consular services.

Sharia Law/Customs: Personal status laws govern legal procedures pertaining to family relations, including marriage, divorce, child custody, maintenance (financial support), and inheritance. We strongly advise you seek local legal counsel if you must engage in local legal matters and make certain you are aware of your rights and responsibilities. National laws reflect a sharia system of jurisprudence. Other criminal and civil laws, including public order laws, based largely on the government’s interpretation of Islamic law, are determined at the state level. Non-Muslims are sometimes held to the same laws. Flogging is a common sentence for various crimes and may be summarily carried out. Non-Muslim women are not expected to wear a veil or cover their heads. Both women and men should dress modestly. Shorts are not appropriate. Public displays of affection are discouraged. Alcohol and pornography are not permitted. Government offices and businesses follow an Islamic workweek (Sunday to Thursday).