Togo

Compliance/Financial Considerations

If you intend to do any of the following in Togo, 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 Togo, 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 Togo. 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 Togo at 30 out of 100 (129th 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 TOGO may be found HERE.

Personal Safety

AUTHORITIES IN TOGO HAVE EXTENDED THE COUNTRY'S STATE OF HEALTH EMERGENCY THROUGH AT LEAST MARCH 2021. THE EXTENSION FOLLOWS THE END OF THE PRIOR EXTENSION PERIOD SEPTEMBER 15. ALL LAND BORDERS REMAIN CLOSED; CARGO AND HUMANITARIAN TRANSPORT IS UNAFFECTED. INCREASED SCREENING MEASURES ARE IN PLACE AT HIGH RISK OVERLAND CROSSING POINTS WITH STATE SECURITY MONITORING TRAVEL ON MAJOR ROADS. INTERNATIONAL AND DOMESTIC FLIGHTS RESUMED AUGUST 1; HOWEVER, REGIONAL FLIGHTS ROUTES REMAIN SUSPENDED AS OF MID SEPTEMBER. ARRIVING PASSENGERS MUST PROVIDE PROOF OF A NEGATIVE COVID-19 PCR TEST TAKEN NO MORE THAN FIVE DAYS BEFORE BOARDING. AUTHORITIES REQUIRE PASSENGERS TO TAKE ANOTHER TEST ON ARRIVAL AT LOME-TOKOIN INTERNATIONAL AIRPORT (LFW). TRAVELERS ARE LIKELY TO SPEND 24-48 HOURS UNDER SELF QUARANTINE AT A HOTEL OR RESIDENCE WHILE AWAITING TEST RESULTS. PERSONS WHO TEST POSITIVE FOR COVID-19 ARE REQUIRED TO ENTER A 14-21 DAY QUARANTINE AT THE EDA OBA HOTEL IN LOME, AT THEIR OWN EXPENSE. TRAVELERS MUST DOWNLOAD AND INSTALL THE CONTACT TRACING "TOGO SAFE" MOBILE APPLICATION PRIOR TO ARRIVAL. THIS MUST REMAIN ACTIVE FOR THE DURATION OF THEIR STAY OR FOR AT LEAST 30 DAYS AFTER ARRIVAL. ARRIVAL AND DEPARTURE TRAVELERS MUST FILL OUT A TRAVELER DECLARATION FORM. EXIT TESTING IS REQUIRED WITHIN 72 HOURS BEFORE DEPARTURE.  ALL RESIDENTS MUST WEAR FACEMASKS WHEN IN PUBLIC. AUTHORITIES COULD REIMPOSE, EXTEND, FURTHER EASE, OR OTHERWISE AMEND ANY RESTRICTIONS WITH LITTLE TO NO NOTICE DEPENDING ON DISEASE ACTIVITY. HEALTH AND SANITARY CHECKPOINTS ARE ALSO POSSIBLE ON MAJOR ROUTES.

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 Togo 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 geopolitical threat is high in Togo. Togo is a presidential republic led by incumbent President Faure Gnassingbe, who rose to power following the death of his father, long-term leader Gnassingbe Eyadema, in early 2005. The country has a unicameral Parliament, which is dominated by the ruling party, the Union pour la Republique (UNIR). Gnassingbe has been accused by the opposition of making political moves to remain in office indefinitely.

While the country is relatively stable, political disputes have sometimes resulted in widespread unrest, especially in the capital Lome. The opposition has also accused Gnassingbe's regime of suppressing opponents of the president. 

Togo has maintained good relationships with its neighbors Benin, Ghana, and Burkina Faso. However, tensions occasionally rise between the country and its neighbors, with Togo accusing other countries of meddling in its internal affairs. 

The capabilities and responsiveness of security services in Togo are generally poor and pose a severe threat. Although Togo has a number of different security forces, the civil and national police are likely to be the most relevant for foreign nationals and local staff. Police officers are typically able to speak French, though no other foreign languages. Police response to emergency calls may be slow, and crime victims are sometimes asked to provide transportation, fuel, money, or supplies to responding officers; this is often considered a stipend rather than corruption. Incidents of police harassment or inappropriate detention of foreigners are rare, but can occur. Security forces occasionally expect bribes. In Togo, foreign nationals should not rely on security forces and instead liaise with their diplomatic mission, if possible.  

The threat of kidnapping in Togo is generally low; kidnappers are more likely to targets locals. The few reported abductions are pirate-related kidnappings off the coast of Togo. Victims are usually released unharmed and relatively quickly.

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. The U.S. Embassy will not intervene in private contract or family law disputes in Togo, and you must seek the recourse of the Togolese judicial system, even if you are a U.S. citizen. 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.

LGBTI Travelers: Local law forbids “acts against nature committed with an individual of one’s sex,” widely understood to mean same-sex sexual activity. If you are convicted of engaging in consensual same-sex sexual activity, you may be imprisoned and/or fined. However, the U.S. Embassy has not witnessed Togolese prosecutions against U.S. citizens for same-sex activity to date.