Arrest and Detention of Foreign Nationals Card

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ARREST & DETENTION OF

FOREIGN NATIONALS
STEPS TO FOLLOW WHEN A FOREIGN NATIONAL
IS ARRESTED OR DETAINED1
1 Determine the foreign nationals country. In the
absence of other information, assume this is the
country on whose passport or other travel
document the foreign national travels.
2 If the foreign nationals country is not on the
mandatory notification list on page 36:
3 Offer, without delay, to notify the foreign
nationals consular officials of the arrest /
detention. Statement 1 on page 37; and,
3 If the foreign national asks that consular
notification be given, notify the nearest consular
officials of the foreign nationals country without
delay.
3 If the foreign nationals country is on the list of
mandatory notification countries on page 36:
3 Notify that countrys nearest consular officials,
without delay, of the arrest / detention; and,
3 Tell the foreign national that you are making this
notification. Statement 2 on page 37; and,
4 Keep a written record of the provision of
notification and actions taken.
5 1These steps should be followed for all foreign
nationals, regardless of their immigration status.
Questions
Assistant Legal Advisor for Consular Affairs
Department of State
202-647-4415 phone
202-736-7559 fax
Urgent after hours inquires
202-647-1512
This material is excerpted from Law Enforcement Field Guide (Ed. 3, Rev. 1) and is
licensed to PoliceLink by special arrangement. To obtain full-length print or
electronic copies of our field pocket guides, visit www.informedguides.com.
2007 Informed Publishing. All rights reserved.
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ARREST & DETENTION OF

FOREIGN NATIONALS
Mandatory Notification Countries
Antingua and Barbuba
Armenia
Azerbaijan
Bahamas, The
Barbados
Belarus
Belize
Brunei
Bulgaria
China1
Costa Rica
Cyprus
Czech Republic
Dominica
Fiji
Gambia, The
Georgia
Ghana
Grenada
Guyana
Hong Kong2
Hungary
Jamaica
Kazakhstan
Kiribati
Kuwait
Kyrgyzstan
Malaysia
Malta
Mongolia
Nigeria
Philipines
Poland (non-permanent
citizens only)
Romania
Russia
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the
Grenadines
Sychelles
Sierra Leone
Singapore
Slovakia
Tajikistan
Tanzania
Tonga
Tinidad and Tobago
Turkmenistan
Tuvalu
Ukraine
United Kingdom3
U.S.S.R4
Uzbekistan
Zambia
Zimbabwe
1Notification is not mandatory in the case of persons who carry

"Republic of China passports issued by . Such persons should
be informed without delay that the nearest office of the Taipei
Economic and Cultural Representative Office (TECRO), the
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unofficial entity representing s interests in the , can be notified

at their request.
2U.S. officials are required to notify Chinese officials of the
arrest or detention of the bearers of passports in the same
manner as is required for bearers of Chinese passports.
3British dependencies also covered by this agreement are
Anguilla, British Virgin Islands, Bermuda, Montserrat, and the .
Their residents carry British passports.
4Although the U.S.S.R. no longer exists, some nationals of its
successor states may still be traveling on its passports.
Mandatory notification should be given to consular officers for
all nationals of such states, including those traveling on old
U.S.S.R. passports. The successor states are listed separately
above.
Arrest & Detention Of Foreign Nationals

Suggested Statements to Arrested or Detained
Foreign Nationals
Statement 1:
When Consular Notification is at the Foreign
Nationals Option
"As a non-U.S. citizen who is being arrested or
detained, you are entitled to have us notify your
countrys consular representatives here in the . A
consular official from your country may be able to help
you obtain legal counsel, and may contact your family
and visit you in detention, among other things. If you
want us to notify your countrys consular officials, you
can request this notification now, or at any time in the
future. After your consular officials are notified, they
may call or visit you. Do you want us to notify your
countrys consular officials?"
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Statement 2:
When Consular Notification is Mandatory
"Because of your nationality, we are required to notify
your countrys consular representatives here in the that
you have been arrested or detained. After your consular
officials are notified, they may call or visit you. You are
not required to accept their assistance, but they may be
able to help you obtain legal counsel and may contact
your family and visit you in detention, among other
things. We will be notifying your countrys consular
officials as soon as possible.

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ARREST & DETENTION OF

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ARREST & DETENTION OF

1Notification is not mandatory in the case of persons who carry

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unofficial entity representing s interests in the , can be notified

Arrest & Detention Of Foreign Nationals

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