CONSULAR NOTIFICATION AND ACCESS

1 PB1 CONSULARNOTIFICATION AND ACCESSCONSULARNOTIFICATION AND ACCESSBASIC INSTRUCTIONSU nited States Department of StateUnited States Department of StateInstructions 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 ThemCONSULAR NOTIFICATIONAND ACCESSFIFTH E DIT ION | SEPTEMBER 2018 DEPARTMENT OF STATE PUBLICATIONO ffice of the Legal Adviser and Bureau of CONSULAR AffairsRevised September 2018iCONSULARNOTIFICATION AND ACCESSC onsular NOTIFICATION & ACCESS (CNA) Department of StateCA/PSA-17, 12th Floor Washington, DC 20522-1712 Telephone: (202) 485-7703 Email: urgent telephone inquiries outside normal business hours, you may call the Department of State Operations Center at (202) THIS MANUALThis manual contains instructions and guidance relating to the obligations of federal, state, and local government officials to provide information to foreign CONSULAR officers and to permit foreign CONSULAR officers to assist their nationals in the United States.

2 It focuses on the obligations of CONSULAR NOTIFICATION and ACCESS that pertain to the arrest and detention of foreign nationals; the appointment of guardians for minor and adult foreign nationals; deaths and serious injuries of foreign nationals; and wrecks or crashes of foreign ships or aircraft on territory. It also addresses related issues pertaining to the provision of CONSULAR services by foreign CONSULAR officers to their nationals in the United States. The instructions and guidance in this manual pertain to all foreign nationals in the United States, regardless of their legal status. This manual is designed to help ensure 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 such governments.

3 These legal obligations arise primarily from treaties, which form part of the supreme law of the land under Article VI of the Constitution. The instructions and guidance contained in this manual must be followed by all federal, state, and local government officials, whether law enforcement, judicial, or other, insofar as they pertain to foreign nationals subject to the officials authority or to matters within the officials competence. Compliance with these instructions and guidance will also help ensure that the United States can insist upon rigorous compliance by foreign governments with respect to nationals abroad, and will help prevent both international and domestic litigation.

4 The Department of State appreciates the assistance of all federal, state, and local government officials in helping to achieve these you have any questions not addressed in this manual, write or call:iiCONSULARNOTIFICATION AND ACCESSThe text of this manual, which the Department of State updates periodically, is also available at , along with the most up-to-date contact information for foreign embassies and consulates within the United States and other reference materials. All Department of State reference materials on this subject matter are available free of charge to law enforcement and other government officials.

5 The Department also offers free training seminars on CONSULAR NOTIFICATION and ACCESS throughout the United States. Please visit the website listed above for further information and to request training. Additional requirements must be followed in cases pertaining to foreign diplomatic and CONSULAR officers and their families. For information on the treatment of such individuals, including in cases of arrests, call the Department of State s Office of Protocol at (202) 647-1985. After hours, you may call the Protective Liaison Division of the Department of State s Bureau of Diplomatic Security at (571) 345-3146 or (866) 217-2089, or send a fax to (202) 895-3613.

6 Further information about diplomatic and CONSULAR immunity can be found at OF CONTENTSiiiCONSULARNOTIFICATION AND ACCESSPART 1 | BASIC INSTRUCTIONS 1 Summary of Requirements Pertaining to Foreign Nationals 2 Steps to Follow When a Foreign National Is Arrested or Detained 3 Mandatory NOTIFICATION Countries 4 Flow Chart of Arrest or Detention NOTIFICATION Procedures 5 PART 2 | DETAILED INSTRUCTIONS ON THE treatment OF FOREIGN NATIONALS 6 Arrests and Detentions of Foreign Nationals 7 NOTIFICATION Required at the Foreign National s Request: The General Rule 7 Mandatory NOTIFICATION .

7 The Special Rule 7 Recordkeeping 8 CONSULAR ACCESS to Detained Foreign Nationals 9 Deaths, Serious Injuries, and Serious Illnesses of Foreign Nationals 9 Appointments of Guardians or Trustees for Foreign Nationals 10 Accidents Involving Foreign Ships or Aircraft 10 PART 3 | FREQUENTLY ASKED QUESTIONS 11 CONSULAR Officers

8 11 What is a CONSULAR officer ? 11 What is a consul ? What is a CONSULAR official ? 11 How is a CONSULAR officer different from legal counsel ? 11 What is an honorary consul ?

9 11 How are diplomatic officers different from CONSULAR officers? 11 Should I treat a diplomatic officer the same as a CONSULAR officer? 11 How can I be sure that someone who claims to be a CONSULAR officer, a consul, an honorary consul, or a diplomatic officer is in fact one? 12 Foreign Nationals 12 Who is a foreign national ?

10 12Is a foreign national the same as an alien ? 12 Are citizenship and nationality the same thing? 12Is a person with a green card (a lawful permanent resident ) considered a foreign national?