What a consul can, (and can’t), do

November 14th, 2011 Sections: Disaster and Crisis management, From an Expat, Tourism

The BBC article

A short while ago, having seen a couple of news items about how many British tourists travel without taking out insurance cover, I wrote a couple of postcards about what happens when something goes wrong.  One concentrated on the need for travel insurance and the other looked at the sort of things than can happen and what would need to be done in each case.

In one of the news items it was reported that one in five of the Brits who were asked in the survey thought that the government would “cover them in a crisis”.  Then, last week, I saw a post on the BBC website about entitled: “Foreign Office reveals weird requests to consulates“.  Some of the requests are surprising – the BBC called them “bizarre”.

Not long ago I came across a post from the US State Department about what American Consular Officers around the world can do to help an American citizen if things go wrong whilst they are travelling abroad.  The British Foreign and Commonwealth Office have similar pages on their website (for example: here and here), and I am sure that other countries foreign ministries have similar rules and advice.

Recently, one of the Kyrgyz Ambassadors abroad has come in for a considerable amount of criticism from some quarters here in Bishkek, with claims that he has refused to help Kyrgyz citizens who run into trouble whilst abroad.  Now, to be honest, I don’t know the details and censure or recall might well be appropriate, but it also seems to me that, (like the Brits in that survey), it might all boil down to a misunderstanding about what diplomats abroad can and cannot do.

So, here’s a summary, as far as I understand the situation, and although the rules may vary from country to country, I hope it will give a basic idea.

In an emergency they can…

  • Issue an emergency passport to get you back home.
  • Contact family and friends and ask them to help you with money or tickets.
  • Tell you how to transfer money.
  • Cash a cheque drawn on your bank at home (usually there is a small limit as to how much they can give – for UK officials it is … just £100).
  • Help you get in touch with local doctors, interpreters, lawyers and local  “national” organisations .
  • Visit you in hospital and pass messages to your family if you wish.
  • If arrested, visit you, advise about local lawyers and the local legal and prison systems, pass messages to your family if that is what you want. (If you are under 18, it may be that they must inform your parent or guardian of your arrest.)
  • It may be possible for consular officers can transfer money, food, and clothing to the prison authorities from your family or friends. They can try to get relief if you are held under inhumane or unhealthy conditions.
  • As a last resort and as long as you meet certain conditions, give you a loan to get you back home. This loan must be repaid. For UK citizens, there is no law that says they must do this. Each case is dealt with on its own merits and circumstances. You will be asked to sign an undertaking to repay the loan.
  • Assist in making arrangements after a death – notifying the family and informing them about options and costs for disposition of remains. Costs for preparing and repatriation of a body may be high and must be paid by the family. Often, local laws and procedures make the process a lengthy process. A consul prepares a Report of Death based on the local death certificate; this is forwarded to the next of kin for use in estate and insurance matters.
  • Help In A Disaster/Evacuation – If you are caught up in a natural disaster or civil disturbance, you should let your relatives know as soon as possible that you are safe, or contact your consul, who will arrange for that message to be passed to your family.
Even in an emergency they cannot…
  • Intervene in court proceedings or get someone out of prison.
  • Give legal advice.
  • Get someone out of jail (when you are in a foreign country you are subject to its laws). However, although they cannot get better treatment for one of their citizens than is given to local people, they can work to protect their legitimate interests and ensure that they are not discriminated against. 
Nor can they…
  • Pay hotel, medical, legal, travel, or any other bills.
  • Get you somewhere to live, a job or a work permit.
  • Act as interpreters
  • Settle disputes (e.g. over missing luggage, or with hotel managers …)
In addition, Consular services can provide other, non-emergency, services such as:
  • Notify a document – “legalization”  – such as a driving licence.
  • Issue A Consular Report Of Birth – A child born abroad  usually acquires the citizenship of its parents who should contact the nearest embassy or consulate to have a “Report of Birth Abroad” prepared. This is proof of citizenship for all purposes.
  • Issue A Passport – for example to persons whose current passports have expired.
  • Distribute “Benefits Payments”
  • Assist In Child Custody Disputes – In an international custody dispute, a consul can try to locate the child abroad, monitor the child”s welfare, and provide general information to the parents about laws and procedures which may be used to effect the child”s return to the home country. However, consuls may not take custody of a child, or help a parent to regain custody of a child illegally or by force or deception.
  • Consuls sometimes handle the personal estates of deceased citizens.
  • Assist with absentee voting and other forms of registration.
  • Advise on property claims
  • Provide various official forms.
  • … and more …
As I said, things vary from country to country and so everyone should consult their own Foreign Ministry for advice about the own rules and procedures that apply in their own case.
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