Consular Notification & Access

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Presentation transcript:

Consular Notification & Access Bureau of Consular Affairs Presents Consular Notification & Access We educate U.S. law enforcement about the Vienna Convention on Consular Relations (VCCR) and other applicable treaties, and investigate all possible violations or instances of non-compliance of the VCCR for the entire U.S. We also assist police departments, sheriff’s offices and other U.S. law enforcement agencies to write and implement their own CNA policy and procedures. By providing training and guidance for U.S. law enforcement and assisting our consular colleagues from around the world, we aspire to be a model of compliance for other countries.

Special Point for Consuls CNA – Consular Notification and Access Based on Articles 5, 36 and 37 of the Vienna Convention on Consular Relations (VCCR) Handled in US by Office of Policy Coordination and Public Affairs in Bureau of Consular Affairs at the United States Department of State CA/P

Touch Lives Consular Affairs What We Do Our mission is: to protect the lives and interests of American citizens overseas to protect U.S. border security and to safeguard the freedom to travel through the vigilant adjudication of U.S. passports and visas. Our main responsibility is – and has always been – the protection of U.S. citizens.

U.S. Consuls Visa Services Judicial Services American Citizen Services 60 million trips abroad each year 6.3 million reside overseas 8,500 deaths each year 8,900 prison visits each year We have 10,000 consular officers, posted at more than 300 locations worldwide. In a year, U.S. consular officers interview around 8.6 million nonimmigrant and 750,000 immigrant visa applicants; issue 16.2 million U.S. passports; make more than 8,500 prison visits, assist in almost 9,000 death cases.

U.S. Consuls Service to Arrested U.S. Citizens Monitor conditions Contact family List of attorneys Food/medical assistance When it comes to consular notification and access, regardless of the arrested person’s guilt or innocence, it is the job of every U.S. consular officer posted overseas to help American citizens who are in such situations. U.S. consuls provide the same types of services to our citizens, as your consuls do for your citizens when they travel abroad. U.S. consular officers can provide lists of attorneys for detained persons, contact family members, and bring comfort items like food and reading materials if permitted by local regulations.

Purpose To ensure that foreign nationals are not placed in a situation in which they cannot communicate with or receive assistance from their own government. However, consular officers can only provide services, if, 1) they know about the detention and 2) they are allowed access to the detainee by local officials. In order to ensure that both these conditions are met, just about every country in the world, including the United States, have signed treaties requiring consular notification and access.   The purpose of this requirement is to ensure that foreign citizens are not placed in a situation in which they cannot communicate with and receive assistance from their own government.

Special Point for Consuls In the United States, law enforcement at Federal, State, and Local level 18,000 agencies 1,000,000 men and women with arrest powers State and Local agencies do not report to Federal Authorities No comprehensive list of detainees

Consular Access Types of Consular Access Types of Consular Services 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 Provide information to family members What happens next is up to the consulate. It depends on the traditions and resources of the country, and the location of the nearest consulate or the Embassy, as to the method of access and the services provided to the foreign citizen.

Consular Access Types of Conditions 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 to be treated who is trying to visit an American citizen overseas When making an official consular visit, consuls are expected to follow the regulations of the detention facility regarding security precautions, and the time, place, and manner of their visits – but jail or prison regulations may not be so strict as to have the effect of preventing consular access. We urge authorities to grant consular officials liberal access to detained persons, providing them every courtesy consistent with local laws and regulations. Liberal visiting privileges are particularly important when consular officers have to travel long distances to visit their citizens.

Special Point for Consuls Who is a foreign citizen? Green Card Holder? Yes. Dual citizen? No. List of Mandatory Notification Countries Based on Bilateral Agreements Authorities not required/prohibited to notify non-mandatory consular officers.

Your Best Resource THIS IS OUR CNA WEB PAGE. IT IS THE MOST VALUABLE RESOURCE FOR OFFICIAL STATE DEPARTMENT INFORMATION ON CNA. THERE IS INFORMATION ABOUT OUR OUTREACH PROGRAM; YOU CAN WATCH THE TRAINING VIDEO; YOU CAN ORDER TRAINING MATERIALS, AND MUCH MORE.

Here For You! For Policy Guidance or Questions Phone: 202-647-4415 After Hours: 202-647-1512 Fax: 202-736-7559 Email: consnot@state.gov http://travel.state.gov/CNA WE ARE HERE TO WORK WITH YOU TO FULFILL OUR MUTUAL INTERNATIONAL LEGAL OBLIGATION. AND, HERE ARE THE DIFFERENT WAYS TO ACCESS OUR CNA INFORMATION AND, FOR U.S. LAW ENFORCEMENT TO CONTACT THE STATE DEPARTMENT IF THEY REQUIRE ASSISTANCE OR GUIDANCE.

Points for the Consul Corps We need to hear from consular offices on cases of noncompliance We are happy to share our materials Changing over to Email notification