Consular Notification: Standard Operating Procedure in the United States
See:
- Consular Notification: Standard Operating Procedure 2
- Consular Notification: Standard Operating Procedure 3
Statement of Purpose
The purpose of this Standard Operating Procedure is to provide written policies and
procedures on the arrest, detention, death, or serious injury of foreign nationals..
A. Policy
It is the policy of [NAME OF LAW ENFORCEMENT AGENCY] to comply
with all United States treaty obligations on consular notification and access.
B. Definitions
Arrest or detention: Any arrest, 1. detention, or other commitment to custody which results
in a foreign national being incarcerated for more than a few hours triggers consular
notification requirements. A brief traffic stop or an arrest resulting in a citation for
a misdemeanor and release at the scene does not trigger such requirements.
On the other hand, requiring a foreign national to accompany a law enforcement
officer to a place of detention may trigger the consular notification requirements,
particularly if the detention lasts for a number of hours or overnight. The longer
a detention continues, the more likely it is that consular notification requirements
are triggered.
2. Foreign national: Any person who is not a U.S. citizen; same as “alien.” Aliens who
are lawful permanent residents in the United States and who have a resident
alien registration card (“green card”) are foreign nationals. So are undocumented
or “illegal” aliens.
3. Consular officer or consul: A foreign official authorized by the Department of
State to provide assistance to the foreign government’s citizens in the United
States. Different from “counsel,” which is an attorney authorized to provide legal
advice. Consuls are not authorized to practice law.
4. Diplomat: A foreign official at the country’s embassy in Washington, D.C., assigned
to represent the country. Diplomats may also perform consular functions, and
should be treated the same as a consular officer.
5. “Mandatory” notification: Consular notification procedures that apply when
you arrest or detain a foreign national from any of the 57 countries that have
agreed to special rules with the United States. For such a foreign national, you
must notify the consular officer regardless of whether the national requests or wants
you to do so. The “mandatory” list of these 57 countries is at www.travel.state.gov/
consularnotification.
6. “Upon request” notification: Consular notification procedures that apply when
you arrest or detain a foreign national from any country not on the “mandatory”
list of 57 countries