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Consular Notification Policy

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Source file: 1.33 Consular Notification Policy.pdf. Policy dates appear on the original cover. Page links use the PDF's page order.

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Policy & Procedures                 No. 1.33
                                     Subject:
                  Consular Notification and Access
                   Policy
                                     Issuing Authority:                                       Effective Date:    Review Date:
                      Chief of Police                   11/07/2014  04/14/2023
                                                                           Review Date:

 Review
 Revision
 Reissued
 Dates:
  11/08/2015
  11/11/2017
  11/10/2019

CALEA STANDARDS:
11.4.4 72.7.2

            _____________________________________________________________

Purpose     The Vienna Convention on Consular Relations (VCCR) is a multilateral treaty
                 ratified by nearly 170 countries since 1963. The United States also has separate
                 bilateral treaties with a number of countries concerning consular matters, some of
            which mandate consular notification every time a national of the other country is
               arrested or otherwise detained.

            Every government wants its citizens, no matter where they live or travel, to be
               treated justly and humanely, even if they are accused or convicted of a crime. By
              following reciprocity in observing consular notification and access obligations,
          we help ensure that American citizens abroad will also be treated fairly and justly.

            Whenever a foreign national is arrested or detained in the United States, there are
               legal requirements to ensure that the foreign national’s government can offer him
              or her appropriate assistance. In every case, the person must be told of his or her
                right to communicate with their consular officials. In most cases, the person has
               the option to decide whether to have consular representatives notified of the arrest
              or detention. This is called optional notification, and applies only when the
         VCCR is involved.

               In some cases, however, the foreign national’s consular officials must be notified
              of the arrest, regardless of the person’s wishes. This is called mandatory
                notification, and it applies when the foreign national is a citizen of one of the
               specific mandatory-notification countries. A complete list of mandatory
                notification countries and jurisdictions can be found on page 7 & 8 of this policy.

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Detained foreign nationals are entitled to communicate with their consular
                officers. The consular officer may speak with holding facility authorities about
               the detainee’s condition of confinement, and may bring the detainee reading
               material, food, medicine, and other necessities, if permitted by holding facility
               regulations.

                    It shall be our agency’s policy for the Shift Supervisor to notify the Chief
               verbally, as soon as possible when any foreign national is detained.  11.4.4

Policy            It shall be the policy of this department to comply with all United States
            Government treaty obligations regarding arrest or detention of foreign nationals.
              72.7.2 (C)

                  -  When a Foreign National is arrested or detained, they shall be advised without
                 delay of their right to have their consular officials notified. 72.7.2 (FII)

                     Optional- In most cases, the foreign national has the option to decide
                    whether to have consular officials notified.

                             Consular officials shall be notified without delay if requested

                   Mandatory- In some cases, the foreign national’s consular officials must
                   be notified of an arrest or detention, regardless of the foreign national’s
                     wishes.
                            Consular officials shall be notified if notification is mandatory.

                  -   Consular officials are entitled to communicate with and have reasonable
                  access to their nationals in detention and are entitled to provide consular
                   assistance. 72.7.2 (D, F II)

Definitions   Foreign National: For the purposes of consular notification, a foreign national is
            any person who is not a U.S. citizen. This includes lawful permanent resident
               aliens who have a resident alien registration card or a “green card”, as well as
            undocumented or illegal aliens. 72.7.2 (A)

              All foreign nationals are entitled to consular notification and access, regardless of
                their visa or immigration status, so illegal aliens have the same rights to consular
               assistance as do legal resident aliens. 72.7.2 (D)

             There is no reason, for purposes of consular notification, to inquire into a person’s
               legal status in the United States.

            Consular Official (Consul): A citizen of a foreign country employed by a
               foreign government and authorized to provide assistance to that government’s
                citizens in a foreign country. Consular officers are generally assigned to the
              consular section of an embassy in Washington, DC, or to consular offices
              maintained by the foreign government in other U.S. locations.

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Optional Notification: A foreign national may refuse the offer to have their
              consular office notified of their detention.

           Mandatory Notification: Bilateral agreements require that the consul be notified
               in the event of a detention of a national, regardless of the wishes of the detainee.

             Detention: An arrest, protective custody, or other custodial situation. 72.7.2 (B)

                  -   Detentions that last for an extended period of time or include transportation to
                 a police station or holding facility will trigger consular notification
                   obligations.

                  -   For the purpose of this policy, a traffic stop, a threshold inquiry or accident
                   investigation is not a detention.

Procedures
             Arrest and Detention of Foreign Nationals

                1.  Generally

                During the booking process, the booking officer shall ask the detainee their
                   citizenship status if there is any indication that they are not citizens of the
                 United States.  If they are determined to be a foreign national, be sure to
                complete the “Foreign National” and “Country of Origin” information on the
                   Vitals screen of the IMC booking module.

                Aside from detainees self-identifying themselves as foreign nationals, the
                 following may trigger further inquiry by officers:

                     Place of birth outside the United States
               No command of the English language
                    Carrying identification documents from outside the United States

                 Foreign nationals shall be advised of the consular notification process and
                 asked to sign an acknowledgement.

                     English speaking detainees shall be given a copy of the form, Statements
                       to Arrested or Detained Foreign Nationals.

                    For non-English speaking detainees, forms in other languages should be
                      printed from the U.S. Department of State website:
                      http://travel.state.gov/CNA and click on Consular Notification Statement
                    choosing the language you need.

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The booking officer shall note in the arrest report that the foreign national has
          been advised of mandatory notification, or has been advised of the option for
           consular notification.

              If consular notification is made, that fact will be noted in the report, and the
         form used to fax the notification to the consulate shall be filed with the arrest
            report. The desk officer shall include this information in the Dispatch Log.

        2.  Mandatory Notifications

         The booking officer shall determine if the detainee’s country of origin is one
           requiring mandatory notification.

            The U.S. Department of State web site has a list of the fifty-seven
            Mandatory Notification Countries and Jurisdictions.
               http://www.travel.state.gov/content/travel/english/consularnotification/cou
               ntries-and-jurisdictions-with-mandatory-notifications.html

         Complying with treaties mandating that consular officials be notified of an
            arrest or detention, the booking officer or supervisor shall make Mandatory
          consul notifications without delay, regardless of the wishes of the foreign
           national. 72.7.2 (F IV)

        3.  Optional Notifications

           Nationals of optional notification countries shall be advised of their right of
           consular notification and access.

          For foreign nationals from optional notification countries who do not wish to
          have their consul notified, take no further action. Retain the signed
          Statements to Arrested or Detained Foreign Nationals Form with the report.
      A foreign national who refuses notification of consul may later request that
            notification be made at any time while being held.

Notification of Consul

          For foreign nationals who are subject to mandatory notification of their consul
           or who request notification, an officer shall fax the notification using the
          Consular Notification of Arrest or Detention of Foreign Nationals Form.
           72.7.2 (D)

         Fax and phone numbers may be found on the U.S. Department of State web
             site “Foreign Embassies and Consulates in the United States”.
          http://www.travel.state.gov/CNA

          Consular notification should be made to the nearest listed location.

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In some cases where notification is mandatory, there may be privacy
           concerns, or the foreign national may have a legitimate fear of persecution or
          mistreatment by his/her government. The notification requirement still must
          be honored. Officers are not obligated to provide any further information
           regarding the foreign national’s detention or circumstances.

         Under no circumstances shall any information indicating that a foreign
           national may have applied for asylum in the United States or elsewhere be
           disclosed to that person’s government.

Access of Consular Officials to Detainees

         Consular officials are entitled to access to their nationals in detention, and are
           entitled to provide consular assistance. 72.7.2 (F I)

         Consular officials may be granted access to detainees in person or by
          telephone, at the discretion of the shift supervisor. Supervisors should
          consider:
                 The reason for being detained, nature of the charges;
                 The detainee’s demeanor (violent, intoxicated, etc.);
                      Bail status and anticipated length of custody;
                      Security considerations; and
                       Availability of personnel or appropriate facilities to accommodate
                    a visit.

         Consular officials and diplomats will be afforded the same access and visitation
          privileges as attorneys. They shall be required to adhere to Canton Police
         Department’s guidelines as noted in Policy #3.02 Holding Facility.

         Consular officials must have proper identification.  If there are questions about
          the validity of an identification card, contact the State Department’s Office of
         Protocol at 202-647-1985. Calls after hours should be referred to the Bureau of
         Diplomatic Security at 571-345-3146 or 866-217-2089. Assistance is available
           at the State Department website: http://www.travel.state.gov

         Consular officials may not act on behalf of the foreign national if the person
         opposes their involvement.

         Consular officials may not act as an attorney for the national.

         Consular officials are not allowed to interfere with police investigations.

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Death or Life Threatening Injury of Foreign Nationals

            If a foreign national dies or suffers a life threatening injury (accident, crime
          victim, criminal action, unattended death, etc.), the consul of that national’s
         country must be notified. The foreign government may then notify the
         deceased’s next of kin, cancel the party’s passport, etc. In the event of a
          serious illness, the consulate may offer assistance or referrals, and may provide
          notification to family members.

            If an officer becomes aware of the death or serious injury or illness of a foreign
          national, a copy of the Notification of Death or Serious Injury or Illness of a
         National of your Country Form shall be faxed to the appropriate Consular
           offices. Copies of this form can be found at http://travel.state.gov/CNA along
         with the contact information of Consular’s offices.

U.S. Department of State Resources and Contacts

         Information on Consular Notification and Access along with the U.S.
        Department of State publication “Consular Notification and Access –Manual”
       may be found on the U.S. Department of State’s web site at:
          http://travel.state.gov/CNA.

      A helpful Consular Notification and Access process flow chart is also available
           at this web site for printing (a copy is provided at the back of this policy).

         Assistance is available at the U.S. Department of State by calling (202) 485-
         7703; fax number (202) 485-6170; email consnot@state.gov

         Urgent telephone calls outside of normal business hours can be made to the
        Department of State Operations Center by calling (202) 647-1512.

       Any questions regarding an individual’s status or immunity as well as questions
          pertaining to the treatment of a Consular under arrest, etc. can be directed to the
        Department of State Office of Protocol by calling (202) 647-1985.

          Calls after hours should be directed to the Protective Liaison Division of
        Department of State’s Bureau of Diplomatic Security by calling (866) 217-
         2089; fax number (202) 895-3613.

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COUNTRIES AND JURISDICTIONS WITH MANDATORY NOTIFICATIONS

 Albania                                     Malaysia
 Algeria                                    Malta
 Antigua and Barbuda                           Mauritius
 Armenia                                Moldova
 Azerbaijan                                Mongolia

 Bahamas                                      Nigeria
 Barbados
 Belarus                                         Philippines
 Belize                                       Poland2
 Brunei
 Bulgaria                                Romania
                                              Russia
 China (including Macao and Hong Kong)1
 Costa Rica                                      Saint Kitts and Nevis
 Cyprus                                          Saint Lucia
 Czech Republic                                 Saint Vincent and
                                          The Grenadines
 Dominica                                      Seychelles
                                                   Sierra Leone
 Fiji                                         Singapore
                                               Slovakia
 Gambia
 Georgia                                          Tajikistan
 Ghana                                      Tanzania
 Grenada                                 Tonga
 Guyana                                       Trinidad and Tobago
                                                Tunisia
 Hungary                                    Turkmenistan
                                           Tuvalu
 Jamaica
                                            Ukraine
 Kazakhstan                                  United Kingdom3
 Kiribati                                      Uzbekistan
 Kuwait
 Kyrgyzstan                              Zambia
                                      Zimbabwe

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1Notification is not mandatory in the case of persons who carry “Republic of China” passports
issued by Taiwan. Such persons should be informed without delay that the nearest office of the
Taipei Economic and Cultural Representative Office (“TECRO”), the unofficial entity
representing Taiwan’s interests in the United States, can be notified at their request. TECRO’s
offices are listed on pages 126-127 in the Consular Notification and Access Manual; see also
footnote 128 on page 66 of the manual.

2Mandatory only for foreign nationals who are not lawful permanent residents in the United
States (i.e., "green card" holders). Otherwise, upon the national's request. See the question "But
since 'green card' holders are living in the United States permanently, why can't I ignore consular
notification requirements for them?" on page 12 of the manual; see also footnote 18 on page 43
of the manual.

3The bilateral consular convention between the United States and the United Kingdom applies to
British nationals from Great Britain (England, Wales, and Scotland); Northern Ireland; the
Crown Dependencies of Jersey, Guernsey, and the Isle of Man; and the British Overseas
Territories, including Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands,
Gibraltar, Montserrat, and the Turks and Caicos Islands, along with other island territories.
Residents of the Overseas Territories may be traveling on a passport issued by the territory with
no indication that the territory is British. Nevertheless, for them and all others from a British
possession listed above, consular notification and access should be provided to the nearest U.K.
consulate. For advice on how to ascertain whether an arrested or detained person is a British
national, see the question "What about British nationals" on page 24 of the manual. For the U.S.-
U.K. convention, see footnote 30 on page 47 of the manual.

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