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Consular Notification and Access, Third Edition, 2010

NCJ Number
Date Published
September 2010
143 pages
This manual contains instructions and guidance related to the obligations of Federal, State, and local government officials to provide information to foreign consular officers and to permit foreign consular officers to assist their nationals in the United States.
The manual focuses on the obligations of consular notification and access that pertain to the arrest and detention of foreign nationals; the appointment of guardians for minor and adult foreign nationals; deaths and serious injuries of foreign nationals; and crashes of foreign ships or aircraft on U.S. territory. It also discusses issues that pertain to the provision of consular services by foreign consular officers to their nationals in the United States, regardless of their legal status. The legal obligations outlined in this manual derive from treaties, which form part of the supreme law of the land under Article VI of the U.S. Constitution. Compliance with the manual's instructions and guidance will help to ensure that the United States can insist upon rigorous compliance by foreign governments regarding their dealings with U.S. nationals abroad, and it will assist in preventing both international and domestic litigation. Following the presentation of both basic and detailed instructions on the treatment of foreign nationals, frequently asked question about the proper management of foreign nationals in various legal contexts are posed and answered. This is followed by an overview of the Vienna Convention on Consular Relations, relevant bilateral agreements, customary international law, and the basis for implementing these legal provisions. Also included in the manual are suggested statements to detained foreign nationals, notification fax sheets, and consular identification cards; model standard operating procedure; and contact information for foreign embassies and consulates in the United States. A subject index