The National Association of Foreign-BornProcedures to Notify Foreign Officials if a Foreign National is Arrested or Detained by Police or Law Enforcement in the US
Procedures Notify Foreign Officials Foreign National Arrested Detained Police US Law Enforcement
- See Table of Contents below
The U.S. State Department has prepared this information to guide police and other US law enforcement officials in dealing with foreign nationals in the U.S. It is not meant to explain all of the rights of a foreign national but rather the procedures for foreign officials of the consular services of the foreign national's country to be notified, to have access, and to be able to assist under specific situations, including when a foreign national is arrested or detained in the United States.
Included are instructions regarding: the arrest and detention of foreign nationals in the US, deaths of foreign nationals, the appointment of guardians for minors or incompetent adults who are foreign nationals, and related issues pertaining to foreign officials providing consular services to foreign nationals in the United States. These instructions are in addition to those pertaining to the treatment of foreign diplomatic and consular officers.
Consular Notification and Access: Foreign Officials' Access to Foreign Nationals
Instructions for Federal, State, and other Law Enforcement Officials Regarding Foreign Nationals in the United States and the Rights of Consular Officials to Assist Them.
Table of Contents
- Summary of Requirements Pertaining to Foreign Nationals
- Steps To Follow When a Foreign National Is Arrested or Detained
- Mandatory Notification Countries and Jurisdictions
- Suggested Statements to Arrested or Detained Foreign Nationals
- When Consular Notification is at the Foreign National's Option
- When Consular Notification is Mandatory
- Suggested Fax Sheet for Notifying Consular Officers of Arrests or Detentions
- Consular Identification Cards
- Arrests and Detentions of Foreign Nationals
- Notification to Consular Officials at the Foreign National's Option
- Mandatory Notification to Consular Officials
- Recordkeeping
- Consular Access to Detained Foreign Nationals
- Deaths of Foreign Nationals
- Appointments of Guardians or Trustees for Foreign Nationals
- Accidents Involving Foreign Ships or Aircraft
- Questions About Consular Officers
- Questions About Foreign Nationals
- Questions About Who Is Responsible for Consular Notification
- Questions About When Consular Notification Should Be Given
- Questions About How Consular Notification Should Be Given
- Questions About Failure To Notify
- Questions About Consular Access and Assistance
- Questions About Contacting the Department of State
Foreign Language Translations of Consular Notification Statements
- Arabic optional , Arabic mandatory
- Cambodian optional
- Chinese optional , Chinese mandatory
- Creole optional
- Farsi optional , Farsi mandatory
- French optional, French mandatory
- German optional , German mandatory
- Italian optional , Italian mandatory
- Japanese optional , Japanese mandatory
- Korean optional , Korean mandatory
- Laotian optional
- Polish optional , Polish mandatory
- Portuguese optional , Portuguese mandatory
- Russian optional , Russian mandatory
- Spanish optional , Spanish mandatory
- Thai optional
- Vietnamese optional , Vietnamese mandatory
- Historical Background
- Vienna Convention on Consular Relations ("VCCR")
- Bilateral Agreements
- Customary International Law
- Basis for Implementation
- Vienna Convention on Consular Relations
- Article 5: Consular Functions
- Article 36: Communication and Contact With Nationals of the Sending State
- Article 37: Information in Cases of Deaths, Guardianship or Trusteeship, Wrecks, and Air Accidents
- Mandatory Notification Provisions
- Agreements Pertaining to Consular Functions
Contact Information for Foreign Consular Offices in the U.S.
Suggested Fax Sheet for Notifying Consular Officers of Arrests or Detentions(1-page Word doc)
Suggested Fax Sheet for Notifying Consular Officers of Death/Serious Injuries (1-page Word doc)
Identification of Foreign Consular Officers in the U.S. (US State Department ID Cards)
All Consular Notification Requirements Remain in Effect
Flowchart - Consular Notification and Access Process: Color Version (1-page PDF) and Black and White Version (1-page PDF)
