f an American citizen violates a foreign law in a foreign country he may be arrested. An American business person or tourist is not afforded any type of immunity such as that enjoyed by diplomats.

Arrest in a Foreign Nation

If an individual has been arrested in a foreign nation, the individual should attempt to contact an American attorney. The American attorney may be able to seek help through federal agencies, the foreign embassy or consulate. All nations have different procedures with respect to arrest and the amount of time that the accused individual may be detained without the opportunity to contact an attorney.

The Role of the United States Government

The State Department provides Americans with assistance if they are arrested abroad. An agency known as the Citizen Emergency Center of the Bureau of Consular Affairs may also be of assistance to family members or the accused's attorney in providing information about the arrest.

Numerous foreign governments are bound under the Vienna Convention on Consular Relations to provide information about arrests within a reasonable period of time. However, there are many governments that do not provide any arrest information. Consular officials may be permitted to visit the arrested individual in some circumstances, to assist in the transfer of funds to the arrested individual, or make sure that the arrested individual is receiving adequate care, food, and shelter during his detention.

Arrested Individual and his American Attorney

Until the arrested individual signs a waiver, the attorney will be unable to obtain any information from the detaining government. If the foreign nation refuses to release the arrested individual, the attorney may attempt to procure his release through the applicable means in the foreign nation. However, it may be necessary to obtain local counsel. The arrested individual should be cautious in hiring foreign counsel because the requirements and procedures differ greatly from nation to nation. If foreign counsel is obtained, the American attorney still may play a vital role in attempting to protect the arrested individual's rights and to ensure that the arrested individual is not wrongfully prosecuted or convicted of an offense. The American attorney should become familiar with the applicable laws and procedures in the foreign nation if he or she is seeking to assist foreign counsel.


Copyright 2006 LexisNexis, a division of Reed Elsevier Inc.