UNCLASSIFIED (U)

7 FAM 400 
arrest of u.s. citizens abroad

7 FAM 410 

Introduction to Arrest and DetentioN

(CT:CON-806;   05-10-2018)
(Office of Origin:  CA/OCS)

7 FAM 411  SUMMARY

(CT:CON-643;   03-07-2016)

a. This Chapter of 7 FAM outlines the U.S. Department of State’s policies, guidance, and procedures in the important area of assistance to arrested U.S. citizens or nationals.  It provides a detailed frame of reference to assist consular officers, from the most experienced to the first-tour officer, in meeting your responsibilities, developing internal procedures and controls, and reporting on the status of U.S. citizen or national prisoners and your efforts on their behalf.

b. Effective the publication date of this chapter, the use of the 1978 standard format cables to report arrests, prison visits, trial developments, convictions, acquittals, and release of prisoners is discontinued.

c.  Consular officers must continue to report essential elements of arrest cases to the Department (notification, initial visit, subsequent visits, treatment, trial developments, etc.) using the American Citizen Services (ACS) automated system.

d. Urgent developments requiring immediate attention of the Bureau of Consular Affairs, Directorate of Overseas Citizens Services, Office of American Citizens Services and Crisis Management (CA/OCS/ACS) may be addressed to your CA/OCS/ACS desk officer by e-mail.

e. Issues requiring broader Department dissemination to persons who do not have access to the ACS system may be prepared in an individual narrative SMART cable using the CASC and other appropriate tags.  For example:

(1)  Death of a prisoner;

(2)  Mistreatment of a prisoner;

(3)  Arrests of members of the U.S. military or military dependents;

(4)  Requests for alternative prison visitation schedule; and

(5)  A high-profile case being closely followed by other bureaus besides CA.

f.  Prior approval by the Department is generally required before a post takes any of the following actions.  In a critical emergency, the CA/OCS Duty Officer is available 24/7, and can arrange a conference call with post including the regional bureau, the L Duty Officer, the CA/OCS/L Duty Attorney, and other appropriate bureaus.

(1)  Protesting lack of consular access and notification.  It is important to confer with the Department to review what action was or was not taken by the host country, consider domestic implications, and analyze the applicable treaty provisions to determine whether a protest is appropriate and what language to use in the protest;

(2)  Protesting mistreatment of a prisoner;

(3)  Protesting any other host-country action based on treaty provisions or international law;

(4)  Making any request for clemency, pardon, amnesty, or release of a prisoner on humanitarian grounds or other reasons believed to be compelling.  CA/OCS/L (ASK-OCS-L@state.gov) will coordinate clearance with the Office of the Legal Adviser (L/CA).  CA/OCS/ACS will coordinate clearance with the regional bureau; or

(5)  Requesting examination or observation of a prisoner by Department of State medical personnel.  This requires; Department of State Medical Services clearance in addition to CA, L, and the regional bureau.

7 FAM 412  POLICY

(CT:CON-643;   03-07-2016)

One of the most important protection functions of consular officers is to assist private U.S. citizens or nationals who have been arrested or detained in a foreign country or imprisoned in a foreign jail.

(1)  Neither arrest nor conviction deprives a U.S. citizen of the right to the consular officer's best efforts in protecting the citizen's legal rights.  As consular officers we must assist arrested or imprisoned U.S. citizens with dedicated professionalism, regardless of any private views as to their guilt or the heinousness of the crime.

(2)  Consular officers must also remember that there are potential flaws in any judicial system, and must remain alert for them.  If you have valid reason to believe that an U.S. citizen or national has been arrested or charged unjustly, for political, monetary, or other reasons, you should continue to handle the case as an arrest case.  You should also bring your opinion and information to the attention of the Department and post senior management immediately, since this adds a dimension to the case that may demand unusual action in the political or judicial arena.

(3)  Although you are the primary action officer in arrest cases, you may need help from other post officers in making prison visits, in attending trials, and in cultivating rapport with, and gaining the cooperation of, local law enforcement officials.  This is especially true at posts where consular resources are limited and the consular workload is heavy.  You should not hesitate in making your needs known to post management, and encourage such cooperation whenever possible.

7 FAM 413  AUTHORITY

(CT:CON-643;   03-07-2016)

There are various treaty-based, legislative, and regulatory authorities for providing consular assistance to U.S. citizens or U.S. non-citizen nationals who are detained, arrested, or imprisoned abroad.  They include:

7 FAM 413.1  The Vienna Convention on Consular Relations

(CT:CON-643;   03-07-2016)

Article 5 provides for the performance of general consular functions.  Article 36 of the Vienna Convention on Consular Relations titled “Communication and Contact with Nationals of the Sending State” provides more detail on the performance of consular functions related to detention of U.S. citizens abroad.  Much of Article 36 is considered customary international law. 

Text of Article 36:

“1. With a view to facilitating the exercise of consular functions relating to nationals of the sending State:

“(a) consular officers shall be free to communicate with nationals of the sending State and to have access to them.  Nationals of the sending State shall have the same freedom with respect to communication with and access to consular officers of the sending State;

“(b) if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner.  Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall also be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this sub-paragraph;

“(c) consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation.  They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgment. Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such action.

“2. The rights referred to in paragraph 1 of this article shall be exercised in conformity with the laws and regulations of the receiving State, subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purpose for which the rights accorded under this Article are intended.”

 

7 FAM 413.2  Emergency Medical and Dietary Assistance (EMDA)

(CT:CON-643;   03-07-2016)

Pursuant to 22 U.S.C. 2670(j), the Secretary is authorized to provide emergency medical attention and dietary supplement assistance (EMDA) for United States citizens incarcerated abroad on a reimbursable basis.  (See 7 FAM 440 for guidance about the EMDA program for U.S. citizens incarcerated abroad.)

7 FAM 413.3  Bilateral Consular Agreements

(CT:CON-643;   03-07-2016)

The United States has bilateral agreements with many countries which contain provisions on consular access and notification.  See the Consular Notification and Access Manual on the Bureau of Consular Affairs internet page for detailed information on these agreements.

7 FAM 413.4  22 U.S.C. 3904 Functions of the Service

(CT:CON-643;   03-07-2016)

22 U.S.C. 3904 provides:

Text of 22 U.S.C. 3904

“Members of the Service shall, under the direction of the Secretary –

Represent the interests of the United States in relation to foreign countries and international organizations, and perform the functions relevant to their appointments and assignments, including (as appropriate) functions under the Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations, other international agreements to which the United States is a party, the laws of the United States, and orders, regulations, and directives issued pursuant to law;”

7 FAM 413.5  22 CFR 71

(CT:CON-643;   03-07-2016)

Section 71.1  Protection of Americans abroad provides:

Text of 22 CFR 71.1

"Officers of the Foreign Service shall perform such duties in connection with the protection of American nationals abroad as may be imposed upon them by rules and regulations prescribed by the Secretary of State.”

7 FAM 414  DEFINITIONS

(CT:CON-643;   03-07-2016)

The following terms are common to arrestee assistance work:

Abuse— any deliberate action intended to cause mental or physical harm:

·         Mental abuse includes threats, rough or harsh language, sleep deprivation, disorientation, etc.

·         Physical abuse includes torture, rough treatment, exposure, etc.

Arrest - any form of imprisonment or the placement of a person in a public or private custodial setting, from which this person is not permitted to leave at will, by order of any judicial, administrative or other public authority.

Arrest Report - the ACS system record prepared by post immediately following the initial visit of an arrested U.S. citizen or national, and later updates (see 7 FAM 420).

Appeal - to invoke or call upon a judge or other legal authority to reverse or otherwise alter a conviction of crime or a sentence for crime.

Custody—the judicial or penal guarding or safekeeping of a person in accordance with law or local requirement.  Custody may include imprisonment or detention of a person in order to prevent escape, house arrest, etc.

Deportation - removal of a person from the host country by the legal and/or political authorities of that country, usually through a formal proceeding.

EMDA - the “Emergency Medical and Dietary Assistance” program, authorized by Public Law 95-45 of June 15, 1977, effective as of October 1, 1978, 22 U.S.C. 2670 (j) (see 7 FAM 460).

Emergency Expenditure Authorization - authorization for limited post expenditure without prior Department approval in order to meet emergency medical needs (see sections 7 FAM 443.5 and 7 FAM 444.3).

Expulsion - removal of a person from the host country, usually by immigration or police officials, without a formal deportation hearing or process

Hunger Strike - deviation from normal eating and drinking patterns, in order to gain attention to a perceived need, opinion, or policy or to achieve a specific goal, such as improved prison conditions or release.

Maltreatment - similar to “abuse” implies long-term cruel or rude treatment, inadequate or inedible food, lack of adequate warmth or shelter, lack of adequate exercise, etc.

Initial Visit - refers to the first time a consular officer, or person authorized to act on behalf of a consular officer, sees an U.S. citizen or national under arrest or detention.

NOK - next of kin, a person’s closest relative, such as spouse, children, or parents.

Notification - depending on context, means:

·         An oral or written notice to a consular officer of the arrest or detention of a U.S. citizen

·         An oral or written notice by a consular officer informing next of kin, business associate, or friend of the arrest or detention of a U.S. citizen

Personal Visit - to call upon an arrestee or prisoner in person, especially to provide encouragement and appropriate assistance

Prisoner Transfer Treaty—A treaty that provides for transfer of prisoners to the country of origin under controlled conditions, as an alternative to serving a long sentence abroad, without undermining the national systems of justice of the two participating countries.

Prisoner Trust Account - Funds deposited in an especially designated account with the Department of State or a Foreign Service post for disbursal to or on behalf of a specified prisoner to pay for legal fees, fines, and related expenses (see section 7 FAM 432)

Protest - Formal expression or statement of objection or disapproval of action taken by host country authorities against a detained, arrested, or imprisoned U.S. citizen.

Rehabilitation -– Restoration of a prisoner to a good condition, state of good repute, or re-established respectability for recovering rights and privileges lost or forfeited because of or during imprisonment.

Reentry - The return of a prisoner to open society, and the process through which the individual often needs to pass to adjust to live outside confinement.

Remand - Depending on context, means:

·         To return to custody pending trial or further detention

·         To send back a case to another court or agency for further action

Reporting - Providing or rendering in the ACS system and by e-mail or cable as appropriate a formal account or statement of what was learned by observation and/or investigation about:

·         The arrest, detention, or imprisonment of a U.S. citizen

·         Concerning the problems or difficulties encountered by such citizen

·         An accounting of actions taken by the consular officer on that person’s behalf or as instructed by the Department (CA/OCS)

Rights - Civil rights under local or international law that are possessed by a U.S. citizen who has been detained or arrested abroad, such as the rights to legal representation and to a fair trial.

Short Term Full Diet Program - An arrangement for funding the cost of food for U.S. citizen prisoners held temporarily in institutions where food is not provided (See 7 FAM 463).

Trial - A formal inquiry or legal examination of charges filed against a person before a judge, or court, or other equivalent legal institutions abroad.

Recourse - The annotation consular officers use when signing an EMDA, Repatriation or similar loan on behalf of an applicant unable for some valid reason to sign for himself or herself.  It indicates the signing consular officer is NOT liable for any or all of the debt, even if uncollectible from the recipient.

7 FAM 415  Importance of Advance Preparation

(CT:CON-643;   03-07-2016)

Arrest work can be performed most efficiently with advance planning and preparation.

7 FAM 415.1  Be Informed

(CT:CON-643;   03-07-2016)

Ensure that consular officers at post are familiar with:

(1)  The Department’s Consular Notification and Access Manual which contains detailed instructions on the procedures required by Article 36 of the Vienna Convention and the relevant bilateral consular agreements;

(2)  Article 36 of the Vienna Convention, the basic requirements of which constitute customary international law and are therefore applicable regardless of whether the country is a party to the Convention;

(3)  The arrest and consular notification/access articles of any bilateral consular agreement that may exist between the United States and the host government;

NOTE:  More information by specific countries is available in the Consular Notification and Access Manual.

(4)  Details of pertinent local laws, penal structure, and judicial procedures;

NOTE:  If necessary, consider retaining a local attorney or jurist to provide information to post on local laws and judicial procedures.  Follow the procedures outlined in 2 FAM 283; particularly the information required under 283.4.  Include CA/OCS/ACS in the Principal officer’s cable to L/DL so CA can monitor and support the request.

(5)  The Privacy Act and its applicability in arrest cases; and

(6)  The existence and operation of any EMDA-funded programs at post.

7 FAM 415.2  Develop General Resources

(CT:CON-643;   03-07-2016)

These may include:

(1)  Samples of ACS system reports for initial and follow-up visits;

(2)  Checklists for personal and telephone visits to prisoners;

See:

7 FAM 400 Appendix B Initial Arrest Visit Checklist

(3)  Identification of local clergy (rabbi, imam, pastor, etc.) willing to visit prisoners; it is a good example of a non-USG resource that can be accessed to support U.S. citizens abroad, but post should ensure that prison rules permit these types of visits;

(4)  Document templates for rapid responses to congressional and other letters on arrestees;

(5)  If there is a prisoner transfer treaty in effect, assemble the necessary information and application packets, noting that this mechanism is only available after the case has been finally adjudicated in country.  (See 7 FAM 480.).

7 FAM 415.3  Country Specific Information Sheet for Prisoners

(CT:CON-806;   05-10-2018)

a. Legal systems outside of the United States vary greatly, and it is likely that many U.S. citizens arrested abroad will not be familiar with the basic protections and standards of treatment regarding detentions and arrests within your country.  Each mission may develop and keep updated for delivery to each arrested U.S. citizen a country specific information sheet regarding:

(1)  Initial arrest information (for example: when a prisoner should expect to be able to contact friends or family, advising that prisoners should inform prison officials of any medical conditions, etc.) and

(2)  Prison conditions the arrestee is likely to face.

b. If the mission chooses to develop a country specific information sheet for prisoners, the mission should make a separate sheet for each locality within their consular district if prisoner treatment and/or the judicial system vary significantly between localities.  Consular officers should only provide information to prisoners that is reasonably likely to apply to their situation.  For example, if post has multiple countries within its consular district and wishes to create information sheets, one sheet should be developed for each country.  If there is reason to believe that circumstances are such that the creation of more than one information sheet might be appropriate to reflect regional, political, or other differences in a single country , contact CA/OCS/ACS and CA/OCS/L through ASK-OCS-L@state.gov. 

c.  If your mission decides to develop one or more country specific information sheets, post must contact your CA/OCS/ACS officer prior to developing this information sheet.  Once developed and cleared by relevant offices at post including, but not limited to, the Consular Chief, the RSO, and the front office, send a copy of the information sheet to CA/OCS/ACS and CA/OCS/L through ASK-OCS-L@state.gov, and the regional desk for their awareness prior to distribution.

d. If developed, these materials must be updated as needed, and reviewed at least once a calendar year for accuracy.  If information changes but the materials are not updated, post must immediately cease providing the sheets to prisoners until post makes updates.  Each time they are updated, the information sheets must be cleared by the relevant offices at post and sent to the offices listed above in 7 FAM 415.3(c).  For questions about the country specific information sheet, contact CA/OCS/ACS officer and CA/OCS/L at ASK-OCS-L@state.gov. 

NOTE: The following disclaimer must be included in any information sheet provided under this section.

 

DISCLAIMER:

 

Officers of the U.S. Department of State and U.S. embassies and consulates overseas are prohibited by 22 CFR 92.81 from acting as agents, attorneys or in a fiduciary capacity on behalf of U.S. citizens abroad.  U.S. Department of State personnel, including its attorneys, do not provide legal advice to private citizens.

 

Any information relating to conditions within a specific foreign country is provided as a courtesy, for general information only, and does not constitute legal advice.  The Department of State makes no representation regarding the accuracy, completeness, or timeliness of this information.  Questions about foreign laws and legal systems should be addressed to appropriate foreign attorneys.

7 FAM 415.4  Create a Tailored Lawyers List

(CT:CON-643;   03-07-2016)

Consular officers should organize the post’s list of attorneys, maintained as required under 7 FAM 990, in accordance with your post’s experience concerning the types of arrest cases involving U.S. citizens.

(1)  Posts should organize the lists by specialty, if possible.  Attorneys handling criminal cases should be highlighted.

(2)  In some countries, attorneys may specialize in, or be more willing to take, certain types of cases, such as drug cases.  You should reflect these specialties in your list.

(3)  If the post determines certain lawyers are dishonest, incompetent, or inattentive to their U.S. citizen or national clients’ interests, you may exclude such attorneys from the list.  Consult CA/OCS/L (ASK-OCS-L@state.gov) as appropriate.

7 FAM 415.5  Prepare Prisoner Visitation Kits

(CT:CON-643;   03-07-2016)

If your post's arrest volume warrants, put together one or more attaché case(s) containing everything required for a visit.  This is particularly useful when officers from other than ACS or the Consular Section make visits.  Items may include:

(1)  List of important contact numbers (Prison wardens, Police supervisors, etc.);

(2)  Prisoner Interview Checklists;

See:

7 FAM 400 Appendix B Initial Arrest Visit Checklist

(3)  Lawyers’ List;

(4)  Judicial Procedure Information;

(5)  Privacy Act Waiver forms – Form DS-5505, Authorization for Release of Information Under the Privacy Act;

(6)  Affidavit forms (used in the event of mistreatment or similar circumstances);

(7)  Passport applications;

(8)  EMDA Loan forms;

(9)  Local non-profit organizations that provide services to prisoners including but not limited to faith-based organizations;

(10) Camera (If permitted); and

(11) Personal items for Prisoner:  If local circumstances warrant, and if allowed, consider putting some necessities in a clear plastic bag to give to prisoner on your first visit.  This could include:

(a)  Soap

(b)  Toothbrush and toothpaste

(c)  Comb

(d)  Deodorant/antiperspirant

(e)  Hygiene products

(f)   Writing paper, pen or pencil

(g)  Magazine or other reading material

(h)  Dry food, such as an energy bar, granola bar, etc. (see 7 FAM 430 for EMDA Short-Term Feeding)

7 FAM 416  CITIZENSHIP AND NATIONALITY ISSUES

7 FAM 416.1  Responsibilities

(CT:CON-643;   03-07-2016)

As consular officer your clientele in Arrest cases includes:

(1)  A U.S. citizen;

(2)  A U.S. non-citizen national who is not a citizen of the United States.  INA 308(1) and (3) provides non-citizen U.S. nationality for the people born (or foundlings) in American Samoa and Swains Island.  Persons who acquired non-citizen U.S. nationality should possess a U.S. passport with the appropriate endorsement code 09.  (See 7 FAM 1125 and 7 FAM 1140 and 7 FAM 1320 Appendix B.)

(3)  Citizens of countries for which the United States provides certain protection under the Compact of Free Association between the United States and the former trust territories:

(a)  The Freely Associated States of the Republic of the Marshall Islands;

(b)  The Federated States of Micronesia;

(c)  The Republic of Palau.

(4)  A “third country” national (TCN) for whom the United States has formally accepted responsibilities as protecting power.  (See 7 FAM 1000.)

NOTE:  In TCN cases, representation should initially be limited to providing emergency services, and the Department should be consulted for long-term services that the post might be expected to provide.

 

 

 

7 FAM 416.2  Determining Citizenship

(CT:CON-728;   08-18-2017)

a. In the majority of cases, possession of a passport satisfactorily establishes both the identity and the citizenship of the individual.

b. In the absence of a valid passport, the consular officer will have to consult consular databases along with relying upon secondary documentary evidence.

c.  If the prisoner cannot provide any secondary documentation, you should interview the prisoner regarding his family, residence in the United States, knowledge of U.S. culture, or other indications that he or she falls within one of the categories in 7 FAM 416.1.

d. Be on the alert for altered or counterfeit documentation in arrest cases.  Bear in mind, however, that false documents do not necessarily indicate that the prisoner is not an U.S. citizen or national.

e. Due to the limited access prisoners have to documentary evidence and the vulnerable position of U.S. citizen detainees overseas, consular officers should continue to provide assistance to prisoners who allege U.S. citizenship unless, upon reviewing documents provided by the prisoner and interviewing the prisoner, the consular officer wishes to recommend that consular assistance be stopped because the prisoner’s claim to U.S. citizenship has not been established.  In such a case, post should consult with CA/OCS/ACS and CA/OCS/L to get concurrence on that decision prior to any termination of consular assistance.

See 7 FAM 1100, “Acquisition and Retention of U.S. Citizenship,” and 7 FAM 1200, “Loss and Restoration of U.S.  Citizenship,” for further information.

7 FAM 416.3  Dual Nationality

(CT:CON-643;   03-07-2016)

Providing consular protection to dual nationals sometimes poses complex problems because of the conflicting laws and regulations of the United States and other countries.  Consular officers are required to open a case, file an arrest report and update the Department on your efforts to secure access and visitation.

7 FAM 416.3-1  Dual National Arrestees In The Non-Us Country Of Nationality

(CT:CON-379;   06-09-2011)

a. The most complex problems regarding provision of protective services to dual nationals arise when the holder of dual nationality experiences difficulties with the law in his/her other (non-U.S.) country of nationality.  While consular officers do not usually have a right to consular access to a dual national present in one of his or her countries of nationality, attempts should still be made to seek consular access on a courtesy basis from the host government.

b. See page fourteen of the Consular Notification and Access Manual for information on dual nationals detained in the United States and Department of State instructions to law enforcement with respect to them.

7 FAM 416.3-2  Dual National Arrestees In A Third Country

(CT:CON-379;   06-09-2011)

A dual national traveling in a third country on a U.S. passport is generally entitled to the full range of consular services related to arrest, unless this is not permitted by the host country.

7 FAM 417  U.S. Legal Permanent Resident Aliens

(CT:CON-379;   06-09-2011)

At times, you will come across arrest cases of individuals who are not U.S. citizens or nationals but who are legal permanent residents with strong ties to the United States.  Their arrest may come to your attention from other family members in the United States, other prisoners, congressional offices, or even host government officials who on occasion are not quite clear on the exact status of a U.S. “green card” holder.  The Department’s general guidance in such cases is:

(1)  While consular officers do not have the right to demand consular access and visitation for U.S. Lawful Permanent Resident Aliens (LPRs), they may do so on a courtesy basis. 

(2)  LPRs must turn to the country of their nationality or citizenship to request and receive consular services.

7 FAM 417.1  Discretionary Consular Services

(CT:CON-567;   01-29-2015)

As a practical matter, however, there are cases in which you may become involved, to varying degrees, often on humanitarian grounds or because of the arrestee’s strong U.S. ties.  These cases may include arrestees that meet some or all of the following profiles:

(1)  An LPR who is not a citizen of the arresting country;

(2)  An LPR whose country of nationality does not have consular representation in the arresting country;

(3)  An LPR whose immediate family members (spouse, parents, children) are U.S. citizens;

(4)  An LPR who is a national of the arresting country, but has been raised in the United States, does not speak the host country language, and has no remaining significant ties to the country of nationality;

(5)  An LPR whose arrest has been reported to you by host government officials, with the express or implied expectation that you will take some interest in the case; and/or

(6)  An LPR in whose case the Department has a specific interest.

7 FAM 417.2  Requesting Access To LPR Prisoners

(CT:CON-567;   01-29-2015)

If you determine that some limited form of action seems appropriate, or if the Department requests you attempt to gain access in specific cases:

(1)  Consider requesting access for the purpose of determining citizenship.  Given the complexities of U.S. immigration and citizenship law and documentation, there is often some confusion, even on the part of the individual, as to exactly what status a prisoner holds.

(2)  Make it clear to the host authorities that once U.S. citizenship or other entitlement to consular services has been ruled out, you understand access in these cases would be provided on a courtesy basis.

(3)  Provide host authorities with the reason(s) you are making this request, for example:

(a)  The spouse, parent or other family member is a U.S. citizen;

(b)  The prisoner has been a long-term resident of the United States, and has no remaining ties to his or her country of nationality;

(c)  The prisoner speaks only English, and your intercession may benefit not only the prisoner but also the host authorities; or

(d)  There is strong congressional or U.S. media interest in the case, and permission to allow you limited access to the prisoner may prove beneficial to both governments.

(4)  If the arrestee is a third-country national, and the country of nationality is represented in the host country, your first step should be to:

(a)  Contact that consular representative and make him or her aware of the arrest and the nationality of the prisoner.

(b)  Determine if the consular representative has taken, or intends to take, action.

(c)  If so, ask if he/she is willing to informally share observations with you so you may pass this on to the U.S. family or other interested parties.

(d)  Ask if he/she has any objections to your trying to see the prisoner, and if not, that he/she communicate this to the host authorities, as needed.

7 FAM 417.3  Visiting The LPR Prisoner:

(CT:CON-643;   03-07-2016)

If you do gain access to the arrestee, you may consider providing the following limited assistance:

(1)  Ensure that the arrestee understands your informal role and standing with the host government in the case.

(2)  Explain that the country of nationality has the official right to consular access.

(3)  You may provide him or her with the same written information on the host country legal system that you have for U.S. citizen or national prisoners.

(4)  You may provide him or her with a copy of the Attorneys list.

(5)  You may, at his or her request, contact family or others.

Note:  A U.S. LPR is protected by the Privacy Act, and you will need to obtain the usual signed privacy act waiver Form DS-5505. 

(6)  You should NOT provide or offer any Special Program services, such as OCS Trust or EMDA-1.

(7)  You should NOT intervene or intercede in matters such as personal property, funds, mail, etc.

7 FAM 417.4  Reporting On Arrest Of LPR

(CT:CON-643;   03-07-2016)

If you do request and gain access to an LPR prisoner, you should report your visit and observations to CA/OCS/ACS by e-mail or cable as appropriate. 

NOTEDo NOT, however, enter the case into the ACS database.

7 FAM 417.5  Continuing Visits To LPR Prisoners

(CT:CON-567;   01-29-2015)

In those limited cases where you do gain access to an LPR prisoner, the Department normally envisions this as a one-time visit, and does not expect posts to perform regularly scheduled visits, unless:

(1)  The post recommends, and the Department (CA/OCS/ACS) concurs, in such visits;

(2)  The Department (CA/OCS/ACS) specifically requests regular visits in a specific case; or

(3)  You are seeing the LPR incidental to other regular visits.  While you are not obligated to visit the LPR prisoner, the Department has no objections to an LPR prisoner being included in a regularly-scheduled consular visit to U.S. citizens or nationals in the same facility, assuming the host government agrees.

7 FAM 418 and 419  UNASSIGNED

UNCLASSIFIED (U)