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If I Am Detained by Law Enforcement in the U.S.

The U.S. State Department has prepared this booklet to guide law enforcement officials in dealing with foreign nationals in the U.S. It is not meant to explain all of your rights as a foreign national but rather the procedures for the consular services of your country to be notified, to have access to you, and to be able to assist you under specific situations.

Included are instructions regarding 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 pertaining to the provision of consular services to foreign nationals in the United States. The instructions in this booklet are in addition to those pertaining to the treatment of foreign diplomatic and consular officers.

Consular Notification and Access
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 (Released January 1998)

Table of Contents

Part One: Basic instructions

Summary of Requirements
Steps To Follow When a Foreign National Is Arrested or Detained
Mandatory Notification Countries and Jurisdictions
Suggested Statements
Suggested Fax Sheet
Consular Officer Identification Cards [Note: This is the best copy available of this image file]

Part Two: Detailed instructions

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

Part Three: Frequently Asked Questions

About Consular Officers
About Foreign Nationals
About Who Is Responsible for Consular Notification
About When Consular Notification Should Be Given
About How Consular Notification Should Be Given
About Failure To Notify
About Consular Access and Assistance
About Contacting the Department of State

Part Four: Translations of Suggested Statements

How To Use the Translations
Arabic-part 1, part 2
Chinese-part1, part 2
Farsi-part 1, part 2
French
German-part 1, part 2
Italian-part 1, part 2
Japanese
Korean-part 1, part 2
Polish
Portuguese-part 1, part 2
Russian-part 1, part 2
Spanish-part 1, part 2
Vietnamese

Part Five: Legal Material

Legal Overview
Historical Background
The Vienna Convention on Consular Relations ("VCCR")
Bilateral Agreements
Customary International Law
Basis for Implementation
Vienna Convention on Consular Relations
Article 5
Article 36
Article 37
Bilateral Mandatory Notification Provisions
Agreements Pertaining to Consular Functions (Country List)

Part Six: Embassies and Consulates

Phone and Fax numbers for Foreign Embassies and Consulates in the United States

The information provided in this website is not legal advice and should not be interpreted as legal advice. This website is intended to provide a basic understanding of this information in summary form. This information may not be comprehensive, is subject to change, and may not apply to all individual circumstances. Any information received here should be confirmed with the appropriate government agencies or with an attorney, particularly as it relates to your individual circumstances. Your use of this website indicates your agreement to be bound by our Terms of Use.


 
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