Ukraine

Compliance/Financial Considerations

If you intend to do any of the following in Ukraine, 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 Ukraine, 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 Ukraine may be found at the Internal Revenue Service’s United States-Ukraine Income Tax Convention. For further clarification, 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 Ukraine at 32 out of 100 (120th 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 page for information on UKRAINE may be found HERE.

Personal Safety

AUTHORITIES IN UKRAINE ARE MAINTAINING NATIONWIDE 48 HOUR CURFEWS EACH WEEKEND UNTIL NOVEMBER 30 AS PART OF EFFORTS TO CONTROL INCREASING RATES OF CORONAVIRUS DISEASE (COVID-19) IN THE COUNTRY. THE CURFEW IS IN PLACE FROM 0001 SATURDAY UNTIL 0001 MONDAY.  FOREIGNERS ARE ALLOWED TO ENTER UKRAINE, PROVIDED THEY PROVIDE PROOF OF TRAVELER'S INSURANCE THAT COVERS THE COST OF COVID-19 OBSERVATION AND TREATMENT. THE TRAVELER'S INSURANCE MUST BE ISSUED BY A COMPANY IN U KRAINE OR AN INTERNATIONAL INSURANCE COMPANY WITH REPRESENTATION OR PARTERNSHIP IN UKRAINE. ALL ARRIVALS FROM COUNTRIES THAT HAVE HIGH COVID-19 INFECTION RATES MUST SELF ISOLATE FOR 14 DAYS UPON ARRIVAL; PERSONS IN POSSESSION OF A NEGATIVE COVID-19 PCR TEST TAKEN NO MORE THAN 48 HOURS PRIOR TO ARRIVAL ARE EXEMPT. AUTHORITIES COULD REIMPOSE, EXTEND, FURTHER EASE, OR OTHERWISE AMEND ANY RESTRICTIONS WITH LITTLE TO NO NOTICE DEPENDING ON DISEASE ACTIVITY OVER THE COMING WEEKS.

EXERCISE INCREASED CAUTION IN UKRAINE DUE TO CRIME, CIVIL UNREST, AND ELECTIONS. SOME AREAS HAVE INCREASED RISK.  READ ENTIRE TRAVEL ADVISORY.  

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 Ukraine 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 Ukraine. Ukraine is a semi presidential republic in which presidential elections take place every five years and parliamentary elections take place every four. The current administration is unstable; deep divisions exist in Polish society between eastern regions with large Russian speaking populations in favor of closer Russian integration and western regions in favor of further European integration. Changes in the government reflect these divisions, the previous pro-Russian president Viktor Yanukovych was ousted as a result of large-scale and violent anti-government protests in 2013-14 in response to policy decisions favoring Russia over the European Union (EU). Yanukovych was replaced by generally pro-European Petro Poroshenko which has had tangible consequences on Polish domestic and foreign policy. The enduring effect of the violent political transition is the conflict in the Donbas region between Ukrainian forces and pro-Russian separatists who have declared the oblasts of Donetsk and Luhansk as independent republics. The pro-Russian separatists are backed by the Russian state ostensibly to ensure the safety of ethnic Russians in the region. The War in Donbas has caused extensive geopolitical destabilization in Ukraine, including frequent violent clashes, terrorist attacks by both sides, and a deteriorated relationship with Russia which has seized control of Crimea. This war will continue to be a destabilizing feature of Ukrainian geopolitics. Domestically, Ukraine is still facing political challenges regarding public opinion on policy orientation towards either the EU or Russia, as well as allegations of corruption and poor economic performance which could engender public demonstration and further destabilization for the Ukrainian government.   

For most foreign nationals, the threat of kidnapping in Ukraine is moderate. Kidnappings are not a frequent occurrence, and kidnappers are generally more likely to target locals than foreigners. The most common types of abduction in Ukraine are fairly geographically specific and include conflict-related kidnapping/wrongful detention, basic opportunistic kidnap-for-ransom, express kidnapping and high net worth individual kidnap-for-ransom.  

The kidnapping/wrongful detention threat is elevated in the eastern provinces of Donetsk and Luhansk, where separatist conflict has resulted in an uptick abductions and detentions of local nationals and sporadic detentions of foreign nationals since 2014.  

The kidnapping threat is generally reduced outside of the restive eastern regions, however, there has been an increase in short-term express kidnappings, virtual kidnappings and kidnap-for-ransom incidents in Kyiv and surrounding areas in recent years. The majority of these incidents have been orchestrated by criminal perpetrators for financial gain. The kidnapping threat to most Western nationals conducting short-term business or recreational travel in urban centres in Ukraine, including Kyiv, is generally reduced.  

Financially motivated kidnappings in urban locations are generally resolved fairly quickly and victims released unharmed. However, there have been several cases in which local kidnap victims have been held hostage for lengthy periods. When it comes to conflict-related kidnappings/detentions, victims may be held for longer periods of time without any guarantee of safe release.   

The capabilities and responsiveness of security services in Ukraine are generally adequate (risk is moderate). Although Ukraine has a number of different security forces, the National Police are likely to be the most relevant for foreign nationals/local staff outside of the separatist areas of eastern Ukraine and Russian-occupied Crimea. Police officers are typically unable to speak foreign languages other than Russian. Police corruption is widespread in Ukraine. Police have previously been accused of excessive use of force during protests amid an apparent culture of impunity. Foreign nationals should avoid contact with security forces when possible and instead liaise with their diplomatic mission. 

Legal/Political

Criminal Penalties: You are subject to local laws. If you violate local laws, even unknowingly, you may be expelled, arrested, or imprisoned. If you are arrested, you can face extended periods, even years, in pre-trial detention. Penalties for possessing, using, or trafficking illegal drugs are severe, and if convicted you can expect long jail sentences and heavy fines. Furthermore, some violations of laws in Ukraine are also prosecutable in the U.S., regardless of local law. 

Arrests: When in a foreign country, you are subject the country’s laws. If you are arrested or detained, ask police or prison officials to notify the U.S. Embassy immediately. 

  • Ukrainian law permits police to stop you for any reason and check your identification documents.
  • You are required to carry your passport at all times; police may check to verify your legal presence in Ukraine.
  • Police are permitted to detain you for up to 72 hours without formal charges.
  • If stopped by the police for an unclear reason, call the U.S. Embassy at +38 (044) 521 5566 within working hours or +38 (044) 521 5000 after hours.

LGBTI Travelers: Discrimination on the basis of sexual orientation and gender identity is a problem in Ukraine, as LGBTI individuals have been the target of harassment, threats, and acts of violence. F