CONSULAR NOTIFICATION & ACCESS

Basic Principles Arrests/Detentions Consular Access Guardianship Notification Death Notification Shipwreck/Aircraft Crash

Treaties Vienna Convention on Consular Relations Nearly 170 countries are party to the VCCR VCCR establishes standard for consular conduct Bilateral Treaties Notification mandatory for 58 countries List of special rule countries on pocket cards

Notification is an Obligation The purpose of the consular notification and access requirement is to ensure that foreign nationals are not placed in a situation in which they cannot receive assistance from their own government.

Helping Americans Abroad Heather Mercer and Dana Curry were two American citizens arrested and detained in Afghanistan in They were helped by the U.S. consul in Pakistan - after he learned of their arrest.

Arrests and Detentions Arrests and Detentions Basic Rule – Vienna Convention Detainees must be informed of their right to have their consulate notified of their arrest Detainees can choose if they want consular notification Special Rule – Bilateral treaties Notification must be made regardless of detainee’s wishes

Notification Procedures 1. Determine citizenship of arrestee/detainee 2. If special rule country: notify without delay 3. If not special rule: ask if he’d like notification 4. If requested, notify consulate without delay 5. Keep written records of all actions taken including offer of consular contact, detainee’s decision, and any notification made to consulate

“Are you a US citizen?” “YES” “NO” Includes ALL NON-US CITIZENS, regardless of immigration status “NO” Includes ALL NON-US CITIZENS, regardless of immigration status If Country is on Special Rule List 1.Inform detainee of his/her right to communicate with consulate, and that you must inform consulate of arrest/detention 2.Inform the nearest consulate without delay 3.Make record of notification in case file If Country is on Special Rule List 1.Inform detainee of his/her right to communicate with consulate, and that you must inform consulate of arrest/detention 2.Inform the nearest consulate without delay 3.Make record of notification in case file If Country NOT on Special Rule List Inform detainee without delay of his/her right to communicate with consulate, and ask: “Do you want your consulate notified of your arrest/detention?” If Country NOT on Special Rule List Inform detainee without delay of his/her right to communicate with consulate, and ask: “Do you want your consulate notified of your arrest/detention?” “NO” 1.Make a note of this in the case file 2.Do NOT inform the consulate “NO” 1.Make a note of this in the case file 2.Do NOT inform the consulate “YES” 1.Make a note in file (or use fax confirmation) 2.Inform consulate without delay & note in case file “YES” 1.Make a note in file (or use fax confirmation) 2.Inform consulate without delay & note in case file IN ALL CASES: Detainee may communicate with consular officer and may request consular access at any time (whether previously declined or not) Consulate may have access to detainee regardless of whether detainee requests it Do not inform consulate about detainee’s refugee or asylum status IN ALL CASES: Detainee may communicate with consular officer and may request consular access at any time (whether previously declined or not) Consulate may have access to detainee regardless of whether detainee requests it Do not inform consulate about detainee’s refugee or asylum status STOP. (No CNA Issue) “What is your nationality?” Bureau of Consular Affairs, U.S. Department of State, Washington, D.C Ph: ; Web:

Consular Access Types of Consular Access Visits, phone calls, letters, etc. Depends on traditions, resources, and location of consulate Types of Consular Services Arrange legal representation, monitor case progress Observe trials, court appearances Inquire about detention conditions Provide reading material, food, medicine Contact family members

Consular Access Conditions of Consular Access Consuls generally must follow facility regulations regarding security, time, place, and manner of visits Consuls may not act as attorneys, or interfere with the criminal investigation or judicial process Treat at least as well as a defense attorney Treat as you would want a US Consul treated who is trying to visit an American citizen overseas

Why Consular Notification? Legal Reasons Under the U.S. Constitution, treaties are the Law of the Land Policy Reasons The International Golden Rule – “If we comply, so will they” Reciprocity – Your actions directly affect Americans abroad Pragmatic Reasons Prevent diplomatic complaints and State Department investigations Avoid litigation and legal challenges Consuls can help you!

Ordering Materials Ordering Materials Order online or download from All materials free to law enforcement and government agencies

Visit for Consular Notification Guidance and Current Consular Phone/Fax Numbers

We’re Here to Help! Phone: After Hours: Fax: Please Help Us To SPREAD THE WORD! For Policy Guidance or Questions:

Diplomatic Immunity Order “Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities” from DS/PL at: Phone: Fax: Office of Protocol: DS Watch Officer: (after hours)

Alien Status & Travel Documents DHS Law Enforcement Support Center (LESC) - Access through NLETS, or call Specific questions about an alien's immigration / visa status. 24/7 operation DHS Forensic Document Lab - Ph: , ask for Operations Center. Open 16 hours a day ( E. time). 24/7 operation. General questions about DHS or INS documents, U.S. visas, and U.S. passports. Has library of genuine exemplars of some foreign documents. DS (Dept. of State Diplomatic Security Service) Operations Center - Ph: or (24/7 operation) Can verify U.S. passport and visa information.