Consular Notification: Standard Operating Procedure 3 in the United States
See:
- Consular Notification: Standard Operating Procedure
- Consular Notification: Standard Operating Procedure 3
D. Facility Access and Visitation Privileges of Consular Officers
Give consular 1. officers and diplomats visiting a detained foreign national the
same access privileges as attorneys visiting a client. Consular officers and
diplomats are required to adhere to the same visitation guidelines, rules, and
regulations as attorneys.
2. Consular officers and diplomats must have proper identification to
gain facility access. They should be carrying identification cards issued by
the Department of State. If you have reason to doubt the authenticity of the
identification card, call the Department at (202) 647-1985 or after hours at (571)
345-3146 or (866) 217-2089.
E. Documentation and Recordkeeping
1. Document the consular notification and/or offer of notification in CJIS
[OR OTHER APPLICABLE RECORD SYSTEM] on the foreign national’s note
screen.
2. Make the consular notification by fax if possible, and by telephone if not. Place
a copy of the fax and fax confirmation receipt in the foreign national’s file.
You may use the sample fax sheet available at www.travel.state.gov/consularnotification.
3. If notification must be made by telephone, note the name and location
of the consulate notified, the name of the person to whom you gave the
information, and the date and time of notification. Make an audio recording
of the telephone call if possible and preserve it.
4. For foreign nationals from “upon request” countries, make a notation
that you told the national that he or she may have the consulate notified, and
note the national’s response. Indicate the date and time of your offer and the
national’s response. You may use the sample statement at www.travel.state.
gov/consularnotification.
5. For foreign nationals from mandatory notification (“list”) countries, make a
notation that you told the national that you notified the consulate. You may use
the sample statement at www.travel. state.gov/consularnotification.
6. Print the note screen and include it in the paperwork for the foreign national’s
records file.
7. The supervisor will be responsible for ensuring the proper notations are made
in the record.
F. Death , Serious Injury , or Serious Illness of a Foreign National
8. [NAME OF LAW ENFORCEMENT AGENCY] will be subject to the guidelines
outlined in [AGENCY’S STANDARD OPERATING PROCEDURES].
9. In addition to the above procedures, when a foreign national dies, is
seriously injured or becomes seriously ill, notify the nearest consulate of his
or her country immediately or as soon as reasonably possible. Make such
notification by fax if possible, and by telephone if not. You may use the sample
fax sheet available at www.travel.state.gov/consularnotification.
10. in the incident report, and place a copy of the fax and the fax confirmation receipt in the foreign national’s file.
G. References
1. U.S. Department of State Publication 10969, Consular Notification and
Access: Instructions 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 Them (3rd ed. 2010), available at www.travel.state.gov/consularnotification.
2. Commission on Accreditation for Law Enforcement Agencies, Standards for
Law Enforcement Agencies (5th ed.2006), standard 1.1.4, available at www.calea.org.
3. American Correctional Association and Commission on Accreditation for
Corrections Standards, Performance-Based Standards for Adult Local
Detention Facilities (4th ed. 2004), p. 100 (standard 4-ALDF-6A-06), available
at www.aca.org/store/bookstore.