UNCLASSIFIED (U)

7 FAM 440 

EMERGENCY MEDICAL AND DIETARY ASSISTANCE PROGRAMS FOR INCARCERATED CITIZENS AND NATIONALS

(CT:CON-890;   12-18-2019)
(Office of Origin:  CA/OCS)

7 FAM 441  OVERSEAS CITIZENS SERVICES (OCS) TRUST Accounts FOR INCARCERATED CITIZENS AND NATIONALS

(CT:CON-543;   12-02-2014)

a. An “OCS trust” suspense deposit account is the vehicle by which an individual transfers money through a U.S. Embassy or Consulate to U.S. nationals overseas in an emergency situation, including citizens or nationals who are incarcerated.  Unless there is an overriding consideration requiring payment in U.S. dollars, OCS Trust funds should be disbursed in local currency.  (See 7 FAM 324).

b. In the absence of, or inability to use, private commercial means to transfer monies to a prisoner, consular officer may consider the utility of establishing an OCS Trust account as alternative to transfer private funds to an incarcerated U.S. citizen.  The feasibility of using an OCS trust account should always be explored before qualifying a prisoner for an Emergency Medical and Dietary Assistance loan.  OCS Trust accounts are used to help facilitate the transfer of money from friends, acquaintances or relatives to help meet the financial needs of a private citizen abroad, including prisoners.

c.  Direct family members or other interested parties should contact the Bureau of Consular Affairs, Directorate of Overseas Citizens Services, Office of American Citizens Services and Crisis Management (CA/OCS/ACS) for information on how to transfer funds.  See Sending Money to Destitute U.S. Citizen Overseas on the CA Internet.

d. Upon receipt of funds, the CA/OCS/ACS deposits these funds with the U.S. Treasury, opens or updates an ACS case, and sends a cable to the appropriate post authorizing the disbursement of money from an account established for the prisoner.

e. See 7 FAM 300 for general guidance on CA/OCS financial assistance programs and CA public information on the Consular Affairs Internet page entitled Emergency Financial Assistance for U.S. Citizens Abroad.

7 FAM 441.1  Policy

(CT:CON-543;   12-02-2014)

a. Family members and others transmitting funds to a U.S. citizen or U.S. national incarcerated abroad should utilize private commercial channels whenever possible.  The OCS Trust system must be used only when:

(1)  There is no commercial service available; or

(2)  The service, while available, has proven inefficient, unreliable, or corrupt.

b. Consular officers must accept and process only those funds that an arrestee clearly needs for reasonable and necessary expenses. 

c.  Monies transferred by OCS Trusts must never be used for illegal purposes or the funding of illegal activities, including bribery.  Funds intended for such purposes must be rejected.

d. Officers handling funds on behalf of prisoners must keep a strict account of all deposits and disbursements.

7 FAM 441.2  Depositing Funds

(CT:CON-543;   12-02-2014)

The U.S. Department of State cannot accept cash or personal checks.

7 FAM 441.2-1  Types of Deposits

(CT:CON-543;   12-02-2014)

The following are the acceptable types of deposits and the estimated time needed to process each:

(1)  Western Union:  Funds arrive at the State Department within a few hours.  (See Western Union Internet home page or 1-800-238-5772);

(2)  Postal Money Order:  Due to current security measures, overnight mail takes 2 to 3 days to reach CA/OCS, and regular mail can take 3 to 4 weeks;

(3)  Cashier’s Check: Overnight mail takes 2 to 3 days to reach CA/OCS, and regular mail can take 3 to 4 weeks; and

(4)  Certified Check: This is the least expensive but slowest way to transfer funds.  Overnight mail takes 2 to 3 days to reach CA/OCS, and regular mail can take 3 to 4 weeks.

7 FAM 441.2-2  Payee

(CT:CON-543;   12-02-2014)

All money orders, bank drafts, and certified checks must be made payable to the U.S. Department of State, and must include:

(1)  Name of the prisoner;

(2)  Name of the post; and

(3)  Name, address and telephone number of the depositor.

7 FAM 441.2-3  Amounts

(CT:CON-543;   12-02-2014)

While there are no specific monetary limits for deposit into an OCS Trust suspense deposit account, neither the Department nor post will handle funds grossly in excess of those reasonable to meet a prisoner's legitimate needs.  These may include:

(1)  Supplemental living expenses;

(2)  Legal fees;

(3)  Fines;

(4)  Reparations; and

(5)  Medical expenses.

7 FAM 441.2-4  Service Charge

(CT:CON-543;   12-02-2014)

a. All OCS Trust accounts should be reconciled and closed out by the end of each fiscal year.  (See 7 FAM 324.3).  OCS Trusts processed during the last month of the fiscal year (September) should be reconciled and closed out by the end of the first month of the new fiscal year (October).  A new fee must be assessed on the first OCS Trust check that arrives to establish a new account for a new fiscal year.

b. The Department of State charges a service/handling fee once each fiscal year on a trust account established for an individual within a consular district. This fee is currently set at U.S. $30.00 (see 22 CFR 22.1, Schedule of Fees item 72):

(1)  This fee is deducted from the initial deposit received by the Department for the individual; and

(2)  The fee is charged again if the prisoner transfers to another consular district.  See 7 FAM 324.4.

7 FAM 441.2-5  Replenishing Accounts

(CT:CON-543;   12-02-2014)

a. Often it is necessary to maintain an OCS Trust account for an incarcerated U.S. citizen/national prisoner for a long period.

b. Depositors may only send amounts for the purpose of incremental disbursements as needed if the consular officer has determined that the recipient is in a situation where there is a continued deprivation of life-sustaining material (e.g., lack of food and medical care).  If the recipient's situation does not meet this criteria, checks will be disbursed in their entirety and additional trust checks must be sent if there is a recurring need. 

c.  There is only one charge per fiscal year, per recipient, per consular district for establishing and maintaining the account – there is no additional charge for additional funds transmitted in the same fiscal year.

7 FAM 441.3  Disbursement

(CT:CON-890;   12-18-2019)

a. Once the deposit is received in OCS, the amount and depositor are entered into the ACS software, generating accounting information.  This data is then transmitted to post's consular section by cable for coordination with the Post's Financial Management (FM) officer, who in turn will establish an account with the post cashier for each prisoner receiving funds.

b. The approval and fiscal data will replicate in the ACS system usually well before the cable authorizing the funds reaches post.  You may wish to provide advance notification of the ACS data to your FM officer to expedite disbursement.

c.  Consular officers must draw from the account of each prisoner an amount sufficient to meet the needs of the incarcerated individual at a given point in time.  Generally the withdrawal of those funds is in host country currency.

d. Funds are normally carried by the officer making the visit, and handed to the prisoner directly.

e. The prisoner must count the funds, and sign for them in a receipt book or similar permanent record maintained by the consular officer.

f.  After disbursement, enter the amount and date into the ACS software.

g. Report the disbursement by cable to CA/OCS/ACS, CA/OCS/MSU, CA/PPT/TO/RS/RR/C, CA/C/FMD, GFS FOR AR, and CGFS/F/AOD/AA/CAA.

7 FAM 442  EMERGENCY MEDICAL AND DIETARY ASSISTANCE PROGRAM
(EMDA-I)

7 FAM 442.1  Authorities

(CT:CON-559;   01-13-2015)

a. Public Law 95-45, of June 15, 1977, effective October 1, 1978, 22 U.S.C. 2670(j), authorized the Department of State to provide  medical and/or dietary assistance to U.S. citizens/nationals incarcerated abroad when private sources for this assistance are not otherwise available.  The statute states that such assistance should be provided, "on a reimbursable basis to the extent feasible."  Also see implementing regulations, 22 CFR 71.10 (Emergency Medical Assistance); 22 CFR 71.11 (Short Term Full Diet Program); and 22 CFR 71.12 (Dietary Supplements).

b. A similar program was later developed for indigent U.S. citizens/nationals abroad who are not incarcerated.  This program was labeled EMDA-II, and the existing prisoner program renamed EMDA-I (see 7 FAM 380 for EMDA-II Procedures).

c.  U.S. citizen/national juvenile prisoners:  Questions about the availability of EMDA I loans to U.S. citizen/national juvenile prisoners should be directed to your CA/OCS/ACS country officer, copying ASK-CA-OCS-L@state.gov.  CA/OCS/ACS and posts will endeavor to identify an adult to execute the loan application on behalf of the juvenile.  In the absence of such an adult, the consular officer will explain in Part 3 of the Form DS-3072 the lack of a signature by the loan recipient in line 92 of the form.  If additional space is required to explain, a memorandum may be attached to the form.

7 FAM 442.2  Purpose

(CT:CON-559;   01-13-2015)

The Emergency Medical/Dietary Assistance (EMDA-I) program is designed to assist U.S. citizens/nationals abroad who, because of their incarceration, cannot secure the minimal medical treatment or dietary regimen necessary to sustain an acceptable standard of life.  EMDA-I consists of three types of services:

(1)  Provisions for the emergency medical treatment of a U.S. citizen/national prisoner.  Such service is normally provided on a reimbursable basis;

(2)  Short-term provision for full feeding of prisoners in detention centers where meals are not normally furnished by the incarcerating authorities.  Such services are normally provided on a reimbursable basis; and

(3)  Provisions for dietary supplements to U.S. prisoners in areas where local conditions or local diets do not provide the minimum requirements to sustain adequate health (see 7 FAM 445.1).  This part of the program is a grant, since it is provided on a non-reimbursable basis.  Post normally purchases dietary supplements in large quantities and distributes them to individual prisoners at a relatively low cost.

7 FAM 442.3  Policy

(CT:CON-559;   01-13-2015)

Successful implementation of the EMDA program depends largely upon understanding its purpose, scope of operation, and the reactions of host government officials to the program and their cooperation in permitting the program to function:

(1)  The purpose of the program is most definitely not to abrogate host-government responsibilities to provide adequate medical and dietary care for U.S. citizen/national prisoners under their jurisdiction;

(2)  The existence of EMDA-I does not alleviate the consular officer's responsibilities to make adequate and prompt representations to host government officials when these responsibilities are not being met;

(3)  As indicated above, the first two services are provided on a reimbursable basis.  This means:

(a)  Prisoners receiving funds or food under these two parts of the program are required to sign Form DS-3072,  Repatriation/Emergency Medical and Dietary Assistance Loan Application, a multipurpose form which incorporates both the loan application and promissory note; and

(b)  Post's consular section must make efforts to obtain funds from private sources before U.S. government funds are utilized.

7 FAM 442.4  Post Preparations

(CT:CON-559;   01-13-2015)

Posts must develop pertinent, local background information that will assist in program implementation and management.  Such information must include, but is by no means limited to:

(1)  A list of private physicians whose services might be used in providing emergency medical services (see 7 FAM 337);

(2)  Whether local jails customarily provide inadequate food for prisoners because of the local bureaucratic setup and/or the relatively short holding term;

(3)  Whether prisoners are likely to be held in court-operated facilities, pending or during trial, where food is not routinely provided;

(4)  A list of restaurants or other food service establishments or local organizations that can provide or be hired to provide meals for prisoners;

(5)  A professional evaluation of the dietary adequacy of meals normally served in detention facilities, particularly penitentiaries where convicted persons serve their sentences.  This professional evaluation can be made, using a list of an average day’s meals, by any competent authority in country in whom post has confidence, including:

(a)  Private physicians;

(b)  Prison doctors; and

(c)  Host country medical authorities.

(6)  If a reliable evaluation is not available from the aforementioned sources, post must utilize either:

(a)  Post’s RMO;

(b)  Post’s panel physician; or

(c)  M/MED in the Department.

Note: Be aware, that there are practical, licensing and litigation issues that may prevent the Regional Medical Officer (RMO) from direct involvement.  The RMO must clear his or her participation in such an evaluation with M/MED first.

(7)  A list of the various types of vitamins or other dietary supplements available in the area, and their possible sources; and

(8)  Written internal control guidelines (7 FAH-1 H-600) or Standard Operating Procedures to enable the post to control the disbursement and accountability of funds under the three parts of the EMDA-I program.

7 FAM 443  Emergency Medical Assistance

(CT:CON-559;   01-13-2015)

This part of the EMDA-I program provides funding for emergency medical treatment of imprisoned U.S. citizens/nationals on a limited basis when the service cannot be funded privately, and cannot or will not be provided by the host government.

7 FAM 443.1  Eligibility Criteria

(CT:CON-559;   01-13-2015)

U.S. citizen/national prisoners are considered eligible to receive a loan for payment of medical treatment if:

(1)  Adequate treatment for a physical or psychiatric condition cannot or will not be provided by prison authorities or the host government;

(2)  All reasonable attempts to tap host government and private resources have failed, or such resources do not exist; and

(3)  There are medical indications that the emergency medical assistance is necessary to prevent, or attempt to prevent, the loss of life or limb, or that failure to provide service may cause permanent disability.

7 FAM 443.2  Services Covered

(CT:CON-559;   01-13-2015)

Once approved, EMDA-I funds may be used, when required, for:

(1)  Medical examination;

(2)  Emergency treatment;

(3)  Non-elective surgery;

(4)  Medications and related medical supplies and equipment required on a routine basis to sustain life (such as insulin);

(5)  Preventive or protective medications and medical supplies and equipment (such as vaccinations, inoculations) required to combat epidemic conditions (general or intramural);

(6)  Childbirth attendance, including necessary medical care of newborn children; and

(7)  Transportation for the U.S. citizen or national and attendant(s) between the place of incarceration or site where the injury or illness occurred and the treating medical facilities as designated by the incarcerating officials.

7 FAM 443.3  Post Action

(CT:CON-559;   01-13-2015)

Immediately take the following actions upon learning that a U.S. citizen/national prisoner is in need of emergency medical assistance.

7 FAM 443.3-1  Communicate with the Prisoner

(CT:CON-839;   08-28-2018)

Make every effort to personally contact the ill or injured prisoner.  If an immediate personal visit is not possible:

(1)  Attempt to contact the prisoner by telephone;

(2)  Speak by phone with prison officials and other U.S. citizen or national inmates who might be able to provide a layman’s description of the illness or injury; or

(3)  Arrange to have a consular agent or Citizen Liaison Volunteer in the area of the prison personally visit the prisoner and provide non-professional’s observations to the consular officer.

Note:  As a last resort, we can try to make contact with the prisoner through a private visitor if we are not able to secure a consular visit provided private visitors are permitted.  This option must be used sparingly and, if time permits, should be coordinated with CA/OCS/ACS

7 FAM 443.3-2  Obtain a Medical Evaluation

(CT:CON-559;   01-13-2015)

Obtain a professional medical diagnosis and prognosis of the ill or injured prisoner.  Some possible sources of such evaluations might be:

(1)  A host government physician or health official;

(2)  Local private physician; or

(3)  If warranted and time permits, you may request an evaluation from the Regional Medical Officer (RMO):

(a)  Be aware, however, that there are practical, licensing and litigation issues that may prevent the RMO from taking action, or serving as anything more that an informal advisor; and

(b)  That RMO must clear his or her participation with M/MED first.

7 FAM 443.3-3  Estimate Costs

(CT:CON-559;   01-13-2015)

Determine, as accurately as possible the estimated costs for the recommended treatment or surgery.

7 FAM 443.3-4  Contact Private Resources

(CT:CON-559;   01-13-2015)

Make determined efforts to obtain:

(1)  The names and addresses of family or friends who might serve as a source of private funds for medical services;

(2)  The Privacy Act Waiver (Form DS-5505, Authorization for the Release of Information Under the Privacy Act); and

(3)  The necessary funds from private sources.

7 FAM 443.3-5  Identify Local Contact Points

(CT:CON-559;   01-13-2015)

Obtain the name, address and phone number of the physician providing the service, the name, address and phone number of the hospital, and the name and address of the individual or institution to which payments are to be made.

7 FAM 443.3-6  Complete EMDA-I Loan Application

(CT:CON-559;   01-13-2015)

a. See Form DS-3072, Repatriation/Emergency Medical and Dietary Assistance Loan Application.  This is a multi-purpose combined form for all ACS-related loans for citizens/nationals.

b. The loan applicant must read and complete Part 1 and Part 2 of the application and sign line 92.  The consular officer should complete the information in Part 3 regarding the amount of the EMDA loan in dollars and local currency before the applicant signs line 92.

c.  Within Part 2, Lines 94-99 include Privacy Act waivers for release of information by the Department of State to the Department of Health and Human Services and its partners and grantees for repatriation/resettlement assistance not applicable to U.S. citizens incarcerated abroad.  For arrest cases, the U.S. citizen may have already executed the Form DS-5505.

d. Also within Part 2, Line 100 provides space for an applicant in the United States executing the loan application on behalf of a person abroad (such as an incapacitated/incompetent adult) to sign Form DS-3072 before a notary public in the United States:

(1)  If executing the Form DS-3072 in the United States, the applicant must fax or email a scanned copy of the executed Form DS-3072 to CA/OCS/ACS and express mail the original notarized signed copy of the document to CA/OCS/ACS for coordination with the post:

CA/OCS/ACS Express Mail Address

(Recipient Name, if applicable

U.S. DEPARTMENT OF STATE
CA/OCS/ACS
600 19th Street, NW
FLOOR 10
Washington, DC 20006 

(2)  If executing the Form DS-3072 in a third country, the applicant may execute it before a notary public and express mail it to the U.S. embassy or consulate where the loan recipient is situated, if authorized by CA/OCS/ACS.  It is preferable that the form be executed by the applicant before a U.S. consul in the third country, but CA/OCS/ACS may authorize execution before a foreign notary public on a case by case basis.

e. The consular officer must sign Part 4 and affix the seal to the document.

7 FAM 443.3-7  Enter Case into ACS software

(CT:CON-882;   10-18-2019)

You must enter the case into ACS in order to replicate your case to the Consolidated Consular Database (CCD) and alert CA/OCS/ACS to take urgent action:

(1)  Even if the case has been entered into ACS as an arrest case, passport case, etc., you must re-enter it as a separate financial assistance service;

(2)  Once you have entered the data, push the Request Approval button:

NOTE:   The system requires you to enter the case as an arrest case before you can activate it as a financial assistance service request.

(3)  When the amounts allow you to expend funds using your emergency authority as described in 7 FAM 443.5 below, you must enter the case into ACS and hit Request Approval to generate fiscal data; and

(4)  It is usually prudent to follow up with an e-mail or telephone call to the designated country officer in CA/OCS/ACS alerting him/her to the request.

7 FAM 443.3-8  Send Cable

(CT:CON-559;   01-13-2015)

a. Immediately follow up with a cable to the Department using the format contained in 7 FAM Exhibit 443.3-8.

b. You need to send this by cable, even though the case data is already in CCD because non-CA offices in the Department as well as other U.S. government agencies (e.g., CGFS, geographic bureaus, HHS, ISS, etc.) need this information and do not have access to CCD.

7 FAM 443.4  Department Action

(CT:CON-559;   01-13-2015)

As soon as the designated country officer in CA/OCS/ACS is alerted to a new item in the CCD advising of a potential medical assistance case, he or she takes the following actions.

7 FAM 443.4-1  If Initial Post Contacts Were Unsuccessful

(CT:CON-559;   01-13-2015)

a. The ACS country officer will telephone or e-mail the next-of-kin (NOK) or other individuals whose names were provided by the post.

b. Attempt to arrange private funding of the medical services, including any amount already expended by post under post's emergency authority.

c.  If successful, funds will be transmitted to the post, normally using OCS TRUST procedures (see 7 FAM 324).

7 FAM 443.4-2  If Private Funds Are Not Forthcoming

(CT:CON-882;   10-18-2019)

The OCS/ACS country officer will generate the necessary fiscal data, in the ACS software.  The updated record replicates back to the CCD and post, usually within a matter of minutes.

7 FAM 443.4-3  Maintain Contact With The Post

(CT:CON-559;   01-13-2015)

The CA/OCS/ACS country officer will provide assistance and guidance as appropriate, and, within the limits of the Privacy Act, relay updated information on the treatment, health, and living conditions of a patient.

7 FAM 443.5  Post Emergency Expenditure Authorization

(CT:CON-559;   01-13-2015)

Under certain circumstances a medical emergency may arise which is so urgent that sending a cable to the Department for advanced authorization to expend EMDA-I funds is not feasible.  For such emergencies post's consular officer is authorized to expend the amount necessary, up to $1,000, without prior Departmental approval, provided the following circumstances are met:

(1)  The prisoner’s symptoms appear to warrant an immediate medical examination to determine eligibility for emergency medical treatment under the EMDA-I program;

(2)  An immediate medical examination is warranted to verify the alleged abuse of a U.S. citizen/national prisoner by arresting or confining authorities;

(3)  Immediate emergency medical treatment or surgery is needed or appears necessary to prevent death or permanent disablement, and there is insufficient time to explore private resources or obtain Department's prior approval; and

(4)  A Form DS-3072 has been completed, including all necessary fiscal data, and signed by the arrestee, or, in the event the individual is incapacitated and cannot sign the promissory note, that the consular officer should note this in Part 3 of Form DS-3072 and provide a memorandum attached to the promissory note explaining why the note could not be signed as needed.

7 FAM 443.6  Processing An Authorized Loan

(CT:CON-882;   10-18-2019)

Once the Department authorizes the loan through the ACS software, or post determines that using post's emergency authorization is warranted.

7 FAM 443.6-1  Complete the Loan Application/Promissory Note

(CT:CON-559;   01-13-2015)

a. See Form DS-3072, Repatriation/Emergency Medical and Dietary Assistance Loan Application.  This is a multi-purpose combined form for all ACS-related loans for citizens/nationals, which combines the application and promissory note.

b. The loan applicant must read and complete Part 1 and Part 2 of the application and sign at line 92.

c.  In the event the individual is incapacitated and cannot sign the promissory note, that the consular officer should note this in Part 3 of Form DS-3072 and provide a memorandum attached to the promissory note explaining why the note could not be signed as needed

d. The consular officer must sign Part 4 and affix the seal to the document.

7 FAM 443.6-2  Passport Action

(CT:CON-882;   10-18-2019)

a. If the EMDA loan applicant has a valid passport in post’s possession, post may cancel the passport.  When the prisoner is released, a limited validity passport may be issued accordingly.

b. Name will be entered in the Consular Lookout and Support System (CLASS) via the Passport Lookout Tracking System (PLOTS) and the Enterprise Case Assessment Service (ECAS) because of indebtedness.

c.  See 8 FAM 803.9-1.  Passports generally should not be provided to prisoners serving sentences overseas until they are released, or until a passport is requested by law enforcement escorts for extradition or prisoner transfer reasons (see 7 FAM 480 and 7 FAM 1600).  Consult CA/OCS/L (ASK-OCS-L@state.gov) regarding any questions about passport issuance to U.S. citizens serving prison sentences abroad.

7 FAM 443.6-3  Distribute the DS-3072 Loan Application/Promissory Note

(CT:CON-882;   10-18-2019)

a. Send a scanned photocopy of the executed form DS-3072 to CGFS at FMPARD@state.gov.

b. Give the second copy of the form to the post Financial Management Officer, who will arrange payment for the services.

c.  Retain the third copy of the application in the Consular Section until the services provided by the loan are complete.

d. Give the fourth copy of the application to the beneficiary.

7 FAM 443.7  Reporting

7 FAM 443.7-1  Interim Reports

(CT:CON-559;   01-13-2015)

Posts must notify the Department by cable, and include the loan fiscal data and the revised total estimate, whenever:

(1)  The funds authorized for a loan will not be used;

(2)  The funds authorized for a loan will not be used in their entirety; or

(3)  Additional funds will be required.

7 FAM 443.7-2  Final Report

(CT:CON-890;   12-18-2019)

Within 72 hours after completion of services required for the medical emergency:

(1)  Send a final fiscal reporting cable to the Department (CA/OCS/ACS; CA/OCS/MSU, CA/PPT/TO/RS/RR/C, CA/C/FMD, GFS FOR AR, CGFS/F/RR/RMICD/ARB, and CGFS/F/AOD/AA/CAA.  Include:

(a)  The applicant’s name and social security number;

(b)  Amount expended, (convert local currency to U.S. dollars);

(c)  Complete U.S. billing address (or complete foreign address if no U.S. address is available); and

(d)  Fiscal data charged;

(2)  Send a scanned photocopy of the executed Form DS-3072 to CGFS Accounts Receivable at FMPARD@state.gov.

7 FAM 444  Short Term Full Diet Program

(CT:CON-559;   01-13-2015)

a. This part of the EMDA-I program establishes a method for funding food for U.S. citizen prisoners being held in facilities where incarcerating officials provide little or no food.

b. This program is intended to meet all or most of a prisoner’s dietary needs. 

c.  Prisoners receiving basic foods, but needing some supplemental assistance to maintain an adequate standard of health are normally assisted under the Dietary Supplements provision of the EMDA-I program (see 7 FAM 445).

7 FAM 444.1  Eligibility Criteria

(CT:CON-559;   01-13-2015)

a. A prisoner is considered eligible for the short term full diet program if:

(1)  The prisoner is to be or has been held in excess of 1 day in a holding jail or other facility;

(2)  The incarcerating officials do not provide food for the prisoner; and

(3)  Food is not available from any other source, including private funding by family or friends.

b. Prisoners must demonstrate genuine attempts to obtain funding from other sources.

c.  Post must verify these efforts by contacting the individuals and local authorities.

d. The names, addresses, and telephone numbers of all contacts provided by the prisoner, and verified by post, must be included in the EMDA request cable.

e. The prisoner is willing to sign a promissory note for funds expended, since the assistance is normally on a reimbursable basis:

NOTE:  Prisoner must also provide a Privacy Act waiver for the individuals they have contacted or request that Post contact in an effort to secure assistance. 

7 FAM 444.2  Post Procedures

7 FAM 444.2-1  Determine Cost

(CT:CON-559;   01-13-2015)

Post must establish the average normal cost of a basic diet in the area where the U.S. citizen is incarcerated and the best method of effecting payment.

7 FAM 444.2-2  Secure Funds if Possible

(CT:CON-559;   01-13-2015)

Attempt to obtain the money to pay for food purchases and delivery from private sources such as family or friends.

7 FAM 444.2-3  Complete the Loan Application/Promissory Note

(CT:CON-559;   01-13-2015)

a. See Form DS-3072, Repatriation/Emergency Medical and Dietary Assistance Loan Application.

b. The loan applicant must read and complete Parts 1 and 2 of the application and sign line 92.

c.  In the event the individual is incapacitated and cannot sign the promissory note, the consular officer should note this in Part 3 of Form DS-3072 and provide a memorandum attached to the promissory note explaining why the note could not be signed as needed.

d. The consular officer executes Part 4 of the form.

7 FAM 444.2-4  Estimate Total Loan Costs

(CT:CON-559;   01-13-2015)

Develop your best estimate of the funds required for food purchase and delivery during the expected period.

7 FAM 444.2-5  Enter Case into ACS Software

(CT:CON-882;   10-18-2019)

Post must enter the case into the ACS software to replicate the case into the Consolidated Consular Database (CCD) and alert CA/OCS/ACS to take action:

(1)  Once the case has been entered into the ACS software as an arrest case, passport case, etc., you can enter the EMDA information into the ACS software as a financial assistance service:

Note:  In EMDA I, the ACS software requires you to enter the case as an arrest before you can enter it as a financial assistance service.

(2)  Once you have entered the data, push the Request Approval button;

(3)  Even when the amounts allow you to expend funds using your emergency authority as described in 7 FAM 443.5 below, you must enter the case into the ACS software and hit Request Approval and

(4)  It is prudent to follow up by e-mail or telephone with the designated country officer in CA/OCS/ACS.

7 FAM 444.2-6  Send Cable

(CT:CON-559;   01-13-2015)

a. Immediately follow up with a cable to the Department using the format contained in 7 FAM Exhibit 444.2-6.

b. You need to send this cable even though the case data is already in CCD because other offices in the Department, as well as other U.S. government agencies (CGFS, geographic bureaus, HHS, ISS etc.) need this information and do not have access to CCD.

7 FAM 444.3  Post Emergency Expenditure Authorization

(CT:CON-559;   01-13-2015)

Posts are authorized to spend up to $300 without prior Department approval.  Essentially the same procedures apply to short term dietary assistance cases as apply to medical services cases:

(1)  Post must determine that no private sources of funds are available;

(2)  An emergent situation exists; and

(3)  Form DS-3072 must be executed by prisoner or family member.

7 FAM 444.4  Processing Dietary Assistance Loans

(CT:CON-882;   10-18-2019)

When the Department provides the fiscal data and approval through the ACS software, follow the procedures in 7 FAM 444.4-1 through 444.4-3.

7 FAM 444.4-1  Complete The Application/Note

(CT:CON-559;   01-13-2015)

a. See Form DS-3072.

b. The loan applicant must read and complete Part 1 of the application and sign line 92.

c.  In the event the individual is incapacitated and cannot sign the promissory note, the consular officer should note this in Part 3 of Form DS-3072 and provide a memorandum attached to the promissory note explaining why the note could not be signed as needed.

d. The consular officer executes Part 4 of the form.

7 FAM 444.4-2  Passport Action

(CT:CON-882;   10-18-2019)

a. If the EMDA loan applicant has a valid passport in post’s possession, post may cancel the passport.  When the prisoner is released, a limited validity passport may be issued.

b. The loan applicant's name will be entered in the CLASS name check system due to indebtedness.

c.  See 8 FAM 803.9-1.

7 FAM 444.4-3  Distribute The Completed Loan Application/Promissory Note

(CT:CON-882;   10-18-2019)

a. Send a scanned copy of Form DS-3072 to Accounts Receivable Branch, Comptroller and Global Financial Services (CGFS/F/RR/RMICD/ARB) at FMPARD@state.gov.

b. Give the second copy of the form to the post financial management officer, who will arrange payment for the services.

c.  Retain the third copy of the application in the consular section until the services provided by the loan are complete.

d. Give the fourth copy of the application to the beneficiary as a memorandum of obligation to repay the U.S. Government.

7 FAM 444.5  Use Of Funds

(CT:CON-559;   01-13-2015)

Funds expended under this program should be used in much the same way as subsistence funds in repatriation cases.  Exercise your best judgment as to how these funds are disbursed.  The following guidelines are offered as suggestions:

(1)  Whenever possible, do not give funds directly to the prisoner, but pay them to a local restaurant or other establishment, which normally is hired to provide meals to prisoners at the facility, or has the capability of doing so;

(2)  Pay funds to prison officials only as a last resort, and only if there is assurance that the funds will be used to provide food for the prisoner or prisoners in question; and

(3)  To the extent permitted by local conditions, try to arrange for meals (such as Kosher, vegan or vegetarian) that do not offend a prisoner’s religious practices or philosophical beliefs.

7 FAM 444.6  REPORTING

7 FAM 444.6-1  Interim Reports

(CT:CON-559;   01-13-2015)

Post must notify the Department by cable, and include the loan fiscal data and the revised total estimate, whenever:

(1)  The funds authorized for this loan will not be used;

(2)  The funds authorized for this loan will not be used in their entirety; or

(3)  Additional funds will be required.

7 FAM 444.6-2  Final Report

(CT:CON-890;   12-18-2019)

a. Within 72 hours after completion of services, post is required to: send a final fiscal reporting cable to the Department (CA/OCS/ACS; CA/OCS/MSU, CA/PPT/TO/RS/RR/C, CA/C/FMD, GFS FOR AR, and CGFS/F/RR/RMICD/ARB.  Include:

(1)  Applicant’s name;

(2)  Applicant's social security number;

(3)  Amount expended, (convert local currency to U.S. dollars);

(4)  Complete U.S. billing address (or complete foreign address if no U.S. address is available);

(5)  Fiscal data charged.

b. Send a scanned photocopy of the executed Form DS-3072 to CGFS Accounts Receivable at FMPARD@state.gov.

7 FAM 445  Dietary Supplements

(CT:CON-559;   01-13-2015)

This element of the program provides food supplements on a non-reimbursable basis when normal prison fare is not sufficient to maintain an acceptable standard of health and such supplements are not available through prisoners’ private resources.

7 FAM 445.1  Eligibility Criteria

(CT:CON-559;   01-13-2015)

Because this element of the program is non-reimbursable, and because the amount expended per prisoner may be relatively small, the eligibility criteria need not be particularly stringent.  A prisoner is considered eligible for the dietary supplement program under the following general criteria:

(1)  A private physician, prison doctor, or other host country medical authority advises you that the prison diet does not meet the minimal requirements to sustain adequate health; or

(2)  If such an evaluation is not available, use an evaluation by either a regional medical officer or Departmental medical officer that the prison diet does not provide the minimum requirement to sustain adequate health:

Note:  This program is not prisoner-specific.  Once you have established the need for supplements at a certain detention facility, the program will cover all U.S. citizen/national prisoners who are presently so incarcerated and for the immediate future.  CA/OCS recommends that medical dietary assessments for specific facilities be reviewed no later than every five years.

7 FAM 445.2  Processing Requirements For Dietary Supplements

(CT:CON-559;   01-13-2015)

Because of the relatively small cost associated with this program, it is administered on a non-reimbursable basis.  Take the following actions:

(1)  Determine the eligibility of the prisoners and the type of supplement(s) necessary, as described in 7 FAM 445.3 and 7 FAM 445.4;

(2)  Identify the best source of the supplements and estimate the total cost for a fiscal year;

(3)  Notify the Department (CA/OCS/ACS and CA/EX) by cable of the amount of supplements needed and the estimated per unit cost, as well as a description of the supplements, the length of time they are expected to cover, and the justification for the expenditure; and

(4)  Await Department authorization and fiscal data before purchasing vitamin/dietary supplements:

Note:  While CA/OCS strives to accommodate posts' full year funding requests for the vitamin/dietary supplement program, the ability to do so may be limited by fiscal year budgetary restrictions.  During such restrictions, post requests may be partially funded until the fiscal climate has improved.

7 FAM 445.3  Types Of Supplements

(CT:CON-559;   01-13-2015)

Dietary supplements must be basic and easily stored, transported, and administered.  Dietary supplements normally include some or all of the following:

(1)  A basic high-calorie, high-protein food supplement (energy bars, protein powders, etc.);

(2)  Multi-vitamin tablets (one-per-day variety);

(3)  Vitamin C tablets (ascorbic acid), particularly in those areas where the diet does not include minimal amounts of fresh fruit or vegetables, to prevent scurvy or related diseases;

(4)  Iron tablets, particularly for female prisoners; and

(5)  Calcium tablets, primarily in those areas where little or no dairy products are provided.

7 FAM 445.4  Sources Of Supplements

(CT:CON-559;   01-13-2015)

Vitamin/dietary supplements may be obtained in several ways, (see 7 FAM 445.4-1 through 7 FAM 445.4-3).

7 FAM 445.4-1  On the Local Economy

(CT:CON-559;   01-13-2015)

The post’s general services officer may purchase the required dietary supplements locally or through the Internet:

(1)  Purchase in wholesale quantities whenever possible;

(2)  Send CA/OCS/ACS a copy of the post purchase order when it is issued to the vendor; and

(3)  CA/OCS/ACS will forward the purchase order copy to the Financial Services Division for obligating purposes.

7 FAM 445.4-2  Emergency Request to Department (M/MED)

(CT:CON-559;   01-13-2015)

In emergencies, posts may submit requests to the Department, Attention:  M/MED and CA/OCS/ACS:

(1)  All requests must include a funding citation to cover material costs and transportation; and

(2)  M/MED will acquire the supplies and ship via air pouch.  See 14 FAM 724.16 b(1).

7 FAM 445.4-3  Requisition from Department (A/OPE/AQM)

(CT:CON-875;   04-15-2019)

Some dietary supplements may not be available through the U.S. Public Health Service (USPHS) but must be obtained through commercial sources:

(1)  CA/OCS/ACS can, upon request from post, order these items by a standard requisition form to A/OPE/AQM;

(2)  CA/OCS/ACS will fund merchandise and transportation costs, and will include appropriate shipping recommendations; and

(3)  In view of the possible short-term shelf life of such products, a transportation mode other than surface (such as airfreight, air pouch, or APO/FPO) may be advisable.

7 FAM 445.5  Distribution

(CT:CON-559;   01-13-2015)

a. Posts should distribute supplements directly to each prisoner, with a supply adequate to last until the next regularly scheduled consular visit.

b. If local regulations prohibit the distribution of dietary supplements directly to individual prisoners, the consular officer may turn them over to local prison authorities for distribution.

c.  Each prisoner must be questioned at the earliest opportunity to confirm receipt of these supplements.

7 FAM 445.6  Termination Or Suspension Of Program

(CT:CON-481;   08-27-2013)

Monitor the dietary supplement program carefully.  You must suspend or terminate the program and submit a full report to the Department (CA/OCS/ACS) by cable if:

(1)  Prison authorities begin providing supplements, or an adequate diet;

(2)  Non-receipt of dietary supplements by U.S. citizen/national prisoners appears common;

(3)  Black marketing or other misuse of the supplements appears common; or

(4)  Receipt of the supplements is likely to subject U.S. citizen/national prisoners to harassment or attacks at the prison.

7 FAM 446  Funding And Accounting

(CT:CON-559;   01-13-2015)

Consular officers are responsible for ensuring that the proper forms are completed according to the element of EMDA-I being used:

(1)  Remember that the Emergency Medical Assistance and the Short Term Full Dietary Feeding parts of the program are provided on a reimbursable basis, Form DS-3072, must be signed before these services can be initiated.  This is a multi-purpose form, which combines the loan application and promissory note; and

(2)  The actual accounting and reporting of the services is the responsibility of the post’s disbursing office.

7 FAM 446.1  Proper Fiscal Year Recording

(CT:CON-559;   01-13-2015)

October 1 marks the first day of each new fiscal year.  Consular officers must ensure that EMDA-I programs are charged to the proper fiscal year.

7 FAM 446.1-1  EMDA I Medical Loan Cases

(CT:CON-882;   10-18-2019)

The fiscal year for EMDA I medical loans must correspond to the date of post's original request for the loan, as shown on the ACS software request screen:

For Example:  You are requesting an EMDA-I medical loan for a prisoner, and enter the request into ACS on September 30, 2005.  Funds will not be disbursed until October 1 or later.  You must still, select “FY05” when making the loan request in the ACS software.

7 FAM 446.1-2  EMDA I Full Dietary Assistance Loans

(CT:CON-882;   10-18-2019)

EMDA I dietary loan funds should be requested annually.  A new DS-3072 must be completed each fiscal year.  You must not enter the request into the ACS software until the new fiscal year has begun:

For Example:  On September 30, 2015, you are preparing to request dietary funds, you must wait until October 1, 2015 before entering the request into ACS, and select “FY16” as the correct fiscal year.

7 FAM 446.1-3  EMDA I Dietary Supplement Funds

(CT:CON-559;   01-13-2015)

EMDA I funds for the vitamin and dietary supplement grant program should be requested annually:

Note:  While CA/OCS strives to accommodate posts' full funding requests for the vitamin/dietary supplement program within a given fiscal year, the ability to do so may be limited by Congressional budgetary restrictions.  Posts' requests may need to be funded on a pro-rated basis depending on interim budgetary restrictions as defined, for example, in a continuing resolution.  In such instances, in lieu of submitting purchase requests for the full fiscal year, posts may have to submit multiple requests in advance of the interim expiration periods over the course of a fiscal year.  Consult with your CA/OCS/ACS country officer to determine what type of request should be submitted.

7 FAM 446.2  Correcting A Wrong Fiscal Year Entry

(CT:CON-882;   10-18-2019)

a. If the fiscal year on a loan request is entered incorrectly, you cannot correct it in the ACS software until the loan is approved.

b. Once a loan with the wrong fiscal year is approved, the CA/OCS/ACS country officer will return the loan, and post will need to reenter the loan request in the ACS software with the correct fiscal year.

7 FAM 447  THROUGH 449 uNASSIGNED

7 FAM Exhibit 443.3-8  
Sample Cable Requesting/Reporting EMDA for Emergency Medical Assistance

(CT:CON-890;   12-18-2019)

(Page 1 of 2)

FM AMEMBASSY EREHWON

TO SECSTATE WASHDC 2004

INFO ALL USCONS EREHWON

 

UNCLAS EREHWON 007779

 

STATE FOR

CA/OCS/ACS/WHA

CA/PPT/TO/RS/RR/C

GFS FOR AR

CGFS/F/RR/RMICD/ARB

CGFS/F/AOD/AA/CAA

CA/OCS/MSU

CA/C/FMD

 

E.O. 13526: N/A

TAGS: CASC, SHLH, EW (DOE, JANE L)

SUBJECT: FIMED/EMDA-I: REQUEST FOR AUTHORIZATION

AND FISCAL DATA FOR EMERGENCY MEDICAL ASSISTANCE FOR JANE L. DOE

 

Ref EREWHON 007610

 

NAME/DPOB/SSN: Jane Louise DOE, 19Jan1982 Nebraska, SSN 123-45-6789

2. PPT:  7100113119 Issued 9/24/02 USA

3. SOURCES OF FUNDS: Small amount of money found on Doe was confiscated during arrest process and “lost”.  Mother, Mary L. Doe, 2356 Elm Street, Omaha, NE 42382; 731-412-5555; Sister, 765 N. Court St., Apt 4A, Ft. Sill, OK; Post contacted mother, but she states family is unable to assist.

4. PRIOR POST ACTION: ConAgent visited Ms. Doe in the prison infirmary.  She was subsequently transferred to prison ward of public hospital some 380 km from Embassy.

5. PRIVACY ACT WAIVER: Signed full waiver when first visited by ConAgent.

6. DIAGNOSIS:  Acute gastritis, possible appendicitis

7. TOTAL ASSISTANCE REQUIRED:  $480 USD -$50 subsistence already paid under emergency authority, $430 expected cost of hospital stay, medical treatment.

8. PRESENT LOCATION: Graziel Public Hospital: Orna Vigil No. 317, Smallville, Erehwon, 68000; Tel. 011-5-951-5163836, 011-52951-5165468.  EXPECTED LENGTH OF HOSPITALIZATION: 3 Days

9. ATTENDING PHYSICIAN: Dr. Arturo Molina or Dr. Navarrete

10.    AMOUNT ALREADY EXPENDED: $50 USD for subsistence

11.    REMARKS:  Post requests authorization and fiscal data for Jane Louise DOE, who was arrested on a drug smuggling charge at Metropolis airport.  She was hospitalized a few days after arrest with nausea, vomiting and acute pain.  Due to her deteriorating medical condition, she has been moved from the prison to the public hospital where she can receive needed medical care, including probable surgery.

THEMAN

7 FAM Exhibit 444.2-6  
Sample Cable Requesting/Reporting EMDA-I Loan for Short Term Full Dietary Assistance

(CT:CON-890;   12-18-2019)

FM AMEMBASSY EREHWON

TO SECSTATE WASHDC 2004

CA/OCS/ACS/WHA

GFS FOR AR

CGFS/F/RR/RMICD/ARB

CGFS/F/AOD/AA/CAA

CA/PPT/TO/RS/RR/C

CA/OCS/MSU

CA/C/FMD

E.O. 13526:N/A

TAGS:  CASE, SHLH, EW (DOE, JANE L.)

SUBJECT:  FIMED/EMDA I:  REQUEST FOR AUTHORIZATION AND FISCAL DATA FOR DIETARY ASSISTANCE FOR JANE L. DOE

REF:  EREWHON 007610

1.   NAME/DPOB/SSN:  Jane Louise DOE, 19 Jan 1982 Nebraska, SSN 123-45-6789.

2.   PPT:  7100113110 issued 09/24/02 USA.

3.   SOURCES OF FUNDS:  Small amount of money found on Doe was confiscated during arrest process and “lost.”  Mother, Mary L. Doe, 2356 Elm Street, Omaha, NE  42382, 731-412-5555; Sister:  Alice L. Doe, 765 N. Court Street, Apt 4A, Ft. Sill, OK;  Post contacted mother, but she states family is unable to assist.

4.   PRIOR POST ACTION:  Ms. Doe has repeatedly told us she has no relatives or friends in the United States or Anyplace willing or able to assist her.  No other local sources of funds are available.

5.   PRIVACY ACT WAIVER:  Signed limited waiver when first visited by consular agent.  Information only to relatives, friends.

6.   ASSISTANCE REQUIRED:  $15 per day until she is either released or sent to long-term detention center.  Estimate maximum of 20 days.

7.   PRESENT LOCATION:  Smallville Jail, Smallville, Erewhon, 68000; Tel. 011-5-951-5163432; 011-5-951-5165456.

8.   FOOD SOURCE:  Smokey Joe’s Café and Carryout, Smallville.

9.   AMOUNT ALREADY EXPENDED:  $45 U.S. dollars for subsistence (3 days).

10.  ACTION REQUESTED:  Post requests authorization for continuing assistance and fiscal data for Jane Louise DOE.

11.  REMARKS:  Ms. Doe was arrested on a drug smuggling charge at Metropolis airport.  She insists she did not know package given to her by friend contained cocaine.  Case is still under investigation, and may or may not go to trial.

UNCLASSIFIED (U)