Consular Notification and Access: Instructions for Federal, State, and Local Law Enforcement and Other Officials Regarding Foreign Nationals in the United States and the Rights of Consular Officials to Assist Them

• NCJ Number: 210013
• Date Published: January 2003
• Length: 73 pages
• Corporate Author: US Dept of State
• Sale Source: US Dept of State; NCJRS Photocopy Services
• Publication Format: Document
• Publication Type: Guideline
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

This booklet for Federal, State, and local law enforcement agencies contains instructions and guidance on procedures for the arrest and detention of foreign nationals, deaths of foreign nationals, the appointment of guardians for minors or incompetent adults who are foreign nationals, and related issues that pertain to the provision of consular services to foreign nationals in the United States.

Abstract

The overall objective of this booklet is to assist in ensuring that foreign governments can extend appropriate consular services to their nationals in the United States and that the United States complies with its legal obligations to these governments. The summary of requirements that pertain to foreign nationals advises that when foreign nationals are arrested or detained, they must be advised of the right to have their consular officials notified. In some cases, the nearest consular officials must be notified of the arrest or detention of a foreign national regardless of the wishes of the foreign national. Further, consular officials are entitled to access to their nationals in detention and to provide consular assistance. Also, when a government official becomes aware of the death of a foreign national, consular officials must be notified; and when a guardianship or trusteeship is being considered with respect to a foreign national who is a minor or incompetent, consular officials must be notified. Another requirement noted in the summary is that when a foreign ship or aircraft wrecks or crashes on U.S. soil, consular officials must be notified. Detailed instructions are provided for the fulfillment of each of these requirements, along with frequently asked questions, translations of suggested statements, relevant legal material, and a listing of phone and fax numbers for foreign embassies and consulates in the United States.