13 Consular Notification, BPOC 736, Module C, Chapter 13 Flashcards
What is the first thing arresting officers should do with a foreign national in their custody?
Explain that the foreign national is entitled to speak to someone from his country’s consulate and ask if the foreign national would like his consulate notified
When is it okay to not tell a foreign national that they have a right to ask authorities to contact their consular officer?
Never
What documentation is required when handling a foreign national in your custody?
An acknowledgment that the foreign national has been informed of his right to a visit from his consulate, when a foreign national declines the offer to contact his consulate, when a foreign national accepts the offer to contact his consulate, all messages and communications the detainee asks to be forwarded to the consulate (note the date, time, and method of communication with the consulate and the name of the person you spoke with). Keep fax confirmation pages and sent emails as evidence of the transmittal.
Do you have to notify an illegal foreign national of their right to speak with their consulate?
Absolutely!
In what time frame should you communicate with the foreign national’s consulate?
“without delay”
What rights do consular officers have with regard to a detainee?
To visit in prison, custody, or detention; to speak with and correspond with the foreign national; to arrange for his representation; to contact his family,
Can a foreign national refuse the services of their consulate?
Yes; however, our treaties with 60+ consulates require they be notified if one of their residents is in our custody.
Do foreign nationals have a right to privacy as far as what we communicate to their consulate?
Yes, if they are not a mandatory reporting country. But in ALL cases, we must not disclose any asylum discussions the foreign national may be seeking.
What are the steps to follow if you detain a foreign national?
(1) ask if they are a U.S. citizen; if not, what country are they a resident of; (2) explain they have a right to ask us to contact their consulate and for someone from the consulate to assist them with finding legal representation; (3) specifically ask if they would like you to contact their consulate; (4) if so, do so “without delay”; (5) document with their signature their choice to contact or not contact their consulate; (6) if they are from a mandatory report country, document with their signature that they understand you must contact their consulate; (7) keep copies of transmittal sheets and sent emails to prove you made the proper contacts
What is the purpose of the Vienna Convention on Consular Notification treaty and bilateral treaties?
They are our agreements with other countries making notification mandatory or an obligation; purpose is to ensure a foreign national is not placed in a situation in which they cannot receive assistance from their own government, if they would like it
What forms of access should a consular officer have to a foreign national in our custody?
Visit, call, write
Do we have to follow the regulations of the consular officers, or do they have to follow the regulations of our detention facilities?
They must respect the regulations of our detention facilities as far as security, time, place, and manner of visits
What services may a consular officer provide to a detainee?
Arrange legal representation, monitor progress of their case; ensure a fair trial; monitor conditions of confinement; provide reading material, food, medicine, and other necessities
Name three reasons we must comply with these notification requirements?
It’s the “law of the land,” (2) reciprocity, (3) to avoid investigation and litigation
Does diplomatic immunity provide blanket permission to violate U.S. laws?
No
Are all members of foreign embassies, missions, consulates, and international organizations and their family members immune from criminal jurisdiction”
No
What determines the level and particular immunities enjoyed by foreign officials?
Their position
What should a law enforcement officer do when he/she encounters a person claiming diplomatic immunity who does not have a Department of State Identification Card indicating such immunity?
Call the Department of State for guidance
