Consular Notification: Officer Duties

• The unit goal is to understand officer duties for consular notification
• The objectives are to identify consular notification provisions as per the Vienna Convention on Consular Notification and bilateral treaties
• The provided video is "It's the Right Thing to Do" from the U.S. Department of State, Bureau of Consular Affairs
• Resources can found found on the State Department website

Lecture Scenario

• A traffic stop occurs along the Texas/Mexican border. The vehicle has Mexican license plates
• The driver is arrested for driving under the influence (DUI)
• Students contemplate handling the situation and identifying the driver's rights as a foreign citizen

Basic Rule (VCCR Article 36)

• Foreign detainees must be informed of their right to have their consulate notified
• The arrestee's decision must be documented
• This applies to all foreign detainees, regardless of legal status in the country

Article 36: Communication and Contact with Nationals of the Sending State

• The article facilitates consular functions relating to nationals of the sending state
• Consular officers can communicate with and access nationals of the sending state
• Nationals of the sending state have the same freedom to communicate with and access consular officers
• If requested, authorities of the receiving state must inform the consular post of the sending state without delay
• This is applicable if a national of that state is arrested, imprisoned, or detained within its consular district
• Communication addressed to the consular post by the detained person must be forwarded without delay
• Authorities must inform the detained person of their rights
• Consular officers can visit a national of the sending state in prison or detention, converse with them, and arrange legal representation
• Consular officers can visit any national of the sending state in prison or detention in their district
• Consular officers should not act for a national who opposes such action
• The rights in paragraph 1 must be exercised in conformity with the laws of the receiving state
• These laws and regulations must enable full effect to be given to the rights

Mandatory Rules

• Certain consulates must be notified regardless of the detainee's wishes
• Refer to the Consular Notification and Access handbook and reference card
• Links to these resources can be found on the State Department website

Right to Privacy

• Does not apply to mandatory notification of foreign nationals covered by a bilateral treaty
• Privacy of citizens of VCCR countries should be respected

Arresting a Foreign National

• In the arrest of a foreign national identify the following steps:
• Ask if the detainee is a U.S. citizen
• Check the list of mandatory notification countries
• If mandatory notification is required, do it without delay within 72 hours
• If not on the list, ask if they want their consulate notified
• Maintain a written record of the arrestee's response
• Document the notification including the date, time, method, and person notified

Vienna Convention Purpose

• The Vienna Convention on Consular Notification treaty and bilateral treaties make notification an obligation
• The purpose is to ensure foreign nationals can receive help from their government

Access Forms

• A consular official may have access to an arrested foreign national
• The forms of access include:
  • Visit
  • Call
  • Write
• Consuls must follow detention facility rules
• Services a consular officer provides:
  • Arranging legal representation
  • Monitoring the case's progress
  • Ensuring a fair trial
  • Monitoring confinement conditions
  • Providing reading material, food, medicine and other necessities

Reasons for Consular Notification

• Legal reasons- "the law of the land"
• Policy reasons- Reciprocity
• Pragmatic reasons- To avoid investigation and litigation

Practical Scenario

• Pass out Consular Notification and Access Reference cards
• Role-play the arrest of a foreign national
• Have students practice selecting card statements to read to arrestees
• Determine if consulate notification is mandatory

Scenario 1: John Sato (Assault)

• Ask if he is a U.S. citizen
• States that he is a citizen of Japan
• Read statement #1 of the pocket card
• He declines consulate notification
• Record response and take no action

Scenario 2: Maria Garcia (Prostitution)

• Ask if she is a U.S. citizen
• She is a citizen of Belize
• Read statement #2 of the pocket card
• She acknowledges her consulate will be notified
• Record response and notify Belize consulate with date, time, method, and party contacted

Scenario 3: Robert Tan (Theft)

• Inquire if he is a U.S. citizen; he is a citizen of Singapore
• Read statement #2 of the pocket card
• He does not want consulate notified
• Record his response, proceed with consulate notification “without delay” and record the date, time, method, and party contracted
• Further ask if is a citizen of Mexico, but in the U.S. illegally
• Read him statement #1 of the pocket card
• He says he does want his consulate notified
• Record his response
• Proceed with contacting the Mexican consulate and record the date, time, method, and party contacted.

U.S. Department of State - Consular Notification and Access

• The U.S. Department of State's Consular Notification and Access outreach program is available upon request for officials
• Materials are available on their website
• Inquiries can also be made via email