[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR50.5]

[Page 38-39]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 50--STATEMENTS OF POLICY--Table of Contents
 
Sec. 50.5  Notification of Consular Officers upon the arrest of foreign nationals.

    (a) This statement is designed to establish a uniform procedure for 
consular notification where nationals of foreign countries are arrested 
by officers of this Department on charges of criminal violations. It 
conforms to practice under international law and in particular 
implements obligations undertaken by the United States pursuant to 
treaties with respect to the arrest and detention of foreign nationals. 
Some of the treaties obligate the United States to notify the consular 
officer only upon the demand or request of the arrested foreign 
national. On the other hand, some of the treaties require notifying the 
consul of the arrest of a foreign national whether or not the arrested 
person requests such notification.
    (1) In every case in which a foreign national is arrested the 
arresting officer shall inform the foreign national that his consul will 
be advised of his arrest unless he does not wish such notification to be 
given. If the foreign national does not wish to have his consul 
notified, the arresting officer shall also inform him that in the event 
there is a treaty in force between the United States and his country 
which requires such notification, his consul must be notified regardless 
of his wishes and, if such is the case, he will be advised of such 
notification by the U.S. Attorney.
    (2) In all cases (including those where the foreign national has 
stated that he does not wish his consul to be notified) the local office 
of the Federal Bureau of Investigation or the local Marshal's office, as 
the case may be, shall inform the nearest U.S. Attorney of the arrest 
and of the arrested person's wishes regarding consular notification.
    (3) The U.S. Attorney shall then notify the appropriate consul 
except where he has been informed that the foreign national does not 
desire such notification to be made. However, if there is a treaty 
provision in effect which requires notification of consul, without 
reference to a demand or request of the arrested national, the consul 
shall be notified even if the arrested person has asked that he not be 
notified. In such case, the U.S. Attorney shall advise the foreign 
national that his consul has been notified and inform him that 
notification was necessary because of the treaty obligation.

[[Page 39]]

    (b) The procedure prescribed by this statement shall not apply to 
cases involving arrests made by the Immigration and Naturalization 
Service in administrative expulsion or exclusion proceedings, since that 
Service has heretofore established procedures for the direct 
notification of the appropriate consular officer upon such arrest. With 
respect to arrests made by the Service for violations of the criminal 
provisions of the immigration laws, the U.S. Marshal, upon delivery of 
the foreign national into his custody, shall be responsible for 
informing the U.S. Attorney of the arrest in accordance with numbered 
paragraph 2 of this statement.

[Order No. 375-67, 32 FR 1040, Jan. 28, 1967]