Procedure 619-Consulate Notification and Diplomatic Immunity

Question 1

.01A. This procedure is designed as a guideline to help ensure that foreign governments can extend appropriate consular services to their citizens in the United States and to ensure the San Antonio Police Department;

Answer 1

complies with its legal obligations under the Vienna Convention on Consular Relations.

Question 2

.01B. International law requires that law enforcement authorities of the United States extend certain;

Answer 2

privileges and immunities to members of foreign diplomatic missions and consular posts.

Question 3

.01B. Most of these privileges and immunities are not absolute and law enforcement officers retain their;

Answer 3

fundamental responsibility to protect and police the

orderly conduct of persons in the United States.

Question 4

.02A. The United States is obligated under the Vienna Convention on Consular Relations, international treaties, and customary international law, to notify;

Answer 4

consular officials when foreign nationals are arrested or otherwise detained in the United States.

Question 5

.02A. The U.S. Department of State does not consider it necessary to follow consular notification procedures when a foreign national is;

Answer 5

detained only momentarily, e.g., during a traffic stop.

Question 6

.02B. After an officer arrests / detains a foreign national, the officer will determine the;

Answer 6

foreign national’s country of origin.

Question 7

.02B. Normally, this information is found on the passport or other;

Answer 7

travel documentation that the foreign national is carrying.

Question 8

.02C. Officers will inform the foreign national of his/her right to request that their consulate be notified under the following circumstances.

Answer 8

1. After the foreign national is arrested;

2. Before a detention longer than four hours.

Question 9

.02D. If the foreign national does not understand English, the officers will provide the foreign national with SAPD Form #CN-02, Notice to Foreign National;

Answer 9

in his native language and have him circle whether he wants his consular official notified.

Question 10

.02D. The foreign national should also sign and date SAPD Form #CN-02, found in the SAPD;

Answer 10

forms library in several different languages.

Question 11

.02D. If a foreign national asks that such
notification be made to his consulate, the arresting officer will do so without delay by ensuring notification to the nearest consulate or embassy, when;

Answer 11

the foreign national is under arrest or may be detained more than four hours.

Question 12

.02D. Consular notification is accomplished by immediately faxing the notification notice, SAPD Form #CN-01, Consular Notification, to the;

Answer 12

nearest consulate or embassy of the foreign national’s country.

Question 13

.02D. The fax numbers to the nearest consulates and foreign embassies are listed in;

Answer 13

Part Six: “Foreign Embassies and Consulates in the United States” of the Consular Notification and Access Handbook.

Question 14

.02D. This handbook, Foreign Embassies and Consulates in the United States, can be found in the;

Answer 14

report writing room of the magistrates’ office or at the U.S. Department of State’s website

Question 15

.02D. If a foreign national, who is under arrest or who may be detained more than four hours, is from a country with which the United States has a mandatory notice, treaty or convention, the arresting officer will;

Answer 15

without delay, make notification to the nearest consulate or embassy, regardless of whether the foreign national requests such notification.

Question 16

.02D. This information on countries that require mandatory notification can be found in the Part One: “Basic Instruction” of the Consular Notification and Access Handbook, which is found in;

Answer 16

the magistrates’ office or at the U.S. Department of State’s website.

Question 17

.02E. When booking a foreign national, officers will make a notation on the;

Answer 17

booking slip indicating if the foreign national’s consulate was notified; and Immediately fax SAPD Form #CN-01 from the report writing room of the magistrates’ office.

Question 18

.02F. Officers will fax SAPD Form #CN-01 to the nearest consulate or embassy of the foreign national’s country, prior to detaining a foreign national, either as a suspect or a witness, for;

Answer 18

more than four hours.

Question 19

.02F. Officers may obtain the embassies and consulate fax numbers either from the;

Answer 19

dispatcher’s office or from the magistrates’ report writing room.

Question 20

.02G. After faxing the completed SAPD Form #CN-01 to the nearest consulate or embassy, officers shall attach the following to his Offense/Incident Report:

Answer 20

1. The completed SAPD Form #CN-01;
2. If used, the completed SAPD Form #CN-02;
3. The fax confirmation.

Question 21

.02H. Will maintain a

Answer 21

The Communications Unit and report writing room at the magistrates’ office

Question 22

.02H. Will be responsible for updating the current list of fax numbers of foreign embassies and consulates;

Answer 22

The Research and Planning Detail, every {6} months.

Question 23

.02J. If a foreign national is from a country that requires mandatory notification, consular officials have the right to;

Answer 23

visit arrested or detained nationals from their country.

Question 24

.02K. If a foreign national is not from a country that requires mandatory notification, consular officials have the right to;

Answer 24

visit arrested or detained nationals from their country, unless the foreign national objects to the visit.

Question 25

.03A. Foreign diplomats and consular officials should carry an identification card issued by the;

Answer 25

U.S. Department of State or the U.S. Mission to

the United Nations.

Question 26

.03A. A diplomatic passport does not automatically grant its holder;

Answer 26

diplomatic immunity.

Question 27

.03A. Consular ID does not automatically grant its holder;

Answer 27

diplomatic immunity.

Question 28

.03B. When an officer is investigating an incident in which a suspect claims diplomatic or consular immunity, the officer shall verify;

Answer 28

the status of the suspect and immediately notify his supervisor.

Question 29

.03C. The status of a suspect claiming diplomatic or consular immunity is verified by calling either the U.S. Department of State or the U.S. Mission to the United Nations;

Answer 29

depending on which entity issued the identification card.

Question 30

.03C. If the U.S. Department of State issued the identification card, the officer shall;

Answer 30

verify the status by having the dispatcher call the;

Question 31

Protocol Office in daytime, and after hours contact the;

Answer 31

State Department Operations Center, that is staffed 24-hours a day.

Question 32

.03C. If the identification card was issued by the U.S. Mission to the United Nations, the officer shall verify the status by having;

Answer 32

the dispatcher call the phone number that is also staffed 24-hours a day.

Question 33

.03C.Should you encounter any problems or need further assistance, you may call the;

Answer 33

Diplomatic Security Command Center.

Question 34

.03D. After the official status has been verified and if the suspect has full immunity and inviolability, he may only be handcuffed when he;

Answer 34

poses an immediate threat to anyone’s safety or it is apparent that a serious crime may be otherwise committed.

Question 35

.03D. Persons having full immunity and inviolability must be released after all;

Answer 35

pertinent information is obtained as they may not be arrested.

Question 36

.03E. After the official status has been verified, the suspect may be arrested and will be handled in accordance with Departmental procedures if;

Answer 36

the suspect has less than full immunity and inviolability.

Question 37

.03E. Fax a copy of his report and/or traffic citation to the U.S. Department of State or to the U.S. Mission to the United Nations, depending on;

Answer 37

which entity issued the person’s identification card;

Question 38

.03E. Route a copy of his report, through his chain of command, to the;

Answer 38

Office of the Chief.

Question 39

.03G. Supervisors having been informed of a suspect claiming diplomatic or consular immunity will:

Answer 39

1. Make the scene of the incident, if possible;

2. Prepare and distribute 103-NEN

Question 40

.05B. An official consulate is not so much foreign soil as it is like;

Answer 40

private property and as such, peace officers must be invited in.

Question 41

.05C. All other consulates within San Antonio are;

Answer 41

honorary (which bestows no special considerations).