Consular Notification Policy
Policy text
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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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