55E-Diplomat & Consular Notifications - 2019

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55E - Diplomat & Consular Notifications Policy & Procedure Page 2 of 7 1. Foreign national: Any person who is not a U.S. citizen; same as “alien.” Aliens who are lawful permanent residents in the United States and who have a resident alien registration card (“green card”) are foreign nationals. So are undocumented or “illegal” aliens. 2. Consular officer or consul: A foreign official authorized by the Department of State to provide assistance to the foreign government’s citizens in the United States. Different from “counsel,” which is an attorney authorized to provide legal advice. Consuls are not authorized to practice law. 3. Diplomat: A foreign official at the country’s embassy in Washington, D.C., assigned to represent the country. Diplomats may also perform consular functions, and should be treated the same as a consular officer. 4. “Mandatory” notification: Consular notification procedures that apply when you arrest or detain a foreign national from any of the 57 countries that have agreed to special rules with the United States. For such a foreign national, you must notify the consular officer regardless of whether the national requests or wants you to do so. The “mandatory” list of these 57 countries is at http://travel.state.gov/CNA. It is also located in the Consular Notification and Access booklet placed in the Commanding Officer’s office. 5. “Upon request” notification: Consular notification procedures that apply when you arrest or detain a foreign national from any country not on the “mandatory” list of 57 countries. B. CONSULAR NOTIFICATION PROCEDURES 1. Obligation triggered at time of booking. The notification process will begin at the time the arrested foreign national is booked into the detention facility. The booking officer who processes the foreign national is responsible for implementing the notification process. The Commanding Officer may also designate or handle the notification process. 2. Determine the foreign national’s country. In the absence of other information, assume this is the country on whose passport the foreign national travels. Absent citizenship documentation or other evidence to the contrary, accept the foreign national’s own statement as to his or her nationality. 3. Determine whether or not this country is a mandatory notification (“list”) country. If the foreign national’s country is not on the list of “mandatory notification” countries, he or she is from an “upon request” country. a. For foreign nationals whose country is on the list of mandatory notification countries: