Corrections_Today_Spring_2025_Vol.87_No.1

U.S. STATE DEPARTMENT

When do CNA requirements apply? CNA requirements primar ily apply during the initial arrest or detention, which is usually within 24-72 hours. It is crucial for prisons to have clear procedures in place to notify the relevant embassy or consulate promptly. Additionally, notification is encour aged when a foreign national is transferred to another detention facility or when they are hospital ized. Consular officials need to know the whereabouts of their nationals to provide consular services and check on their welfare. In several U.S. states, there are ad ditional states laws or regulations regarding these consular notifica tion and access obligations, so we recommend knowing what, if any, state-wide policies and laws are ap plicable in your jurisdiction. What if the foreign national says “No thank you?” The United States has signed treaties with 57 countries making it mandatory for law enforcement to notify the foreign embassy or consulate, regardless of whether the arrestee requests it or not. These mandatory notification countries are listed on the State Department’s website: travel.state.gov/CNA. In our prior example of the British national, if he asks the prison not to notify the UK embassy, the prison should explain that he does not have a choice — it is a legal requirement. For non mandatory notification countries, law enforcement must offer consular notification to the arrested foreign

national, but the foreign national can choose to accept or decline. It is important to note that simply allow ing an arrested or detained foreign national to call their foreign embassy or consulate does not suffice. The ar resting or detaining law enforcement authority itself must notify the for eign embassy or consulate in order to fulfill treaty requirements.

U.S. citizens abroad. At our em bassies and consulates all over the world, U.S. consular officers provide vital assistance to U.S. citizens who are arrested, detained, or incarcer ated. U.S. law enforcement agencies adhering to these international agree ments and treating foreign nationals arrested in the United States with respect is vital to our embassies over seas being able to expect the same respectful treatment for and consular access to U.S. citizens abroad. Conclusion If we revisit the previous scenario, the United Kingdom is among the countries for which consular noti fication is mandatory according to the Vienna Convention on Consular Relations (VCCR) and is listed on the State Department’s CNA web site. The next course of action for the prison would be to notify the UK embassy or the nearest UK consul ate about the detention of the British national via fax, email, or phone. Con tact information for foreign embassies and consulates is also available on our CNA website: travel.state.gov/CNA. CNA requirements are an essen tial aspect of international relations. By understanding and fulfilling these obligations, institutions can uphold the rule of law, protect the rights of foreign nationals, and con tribute to the safety and well-being of U.S. citizens abroad. For additional information on CNA procedures and resources, email consnot@state.gov. CT Celina Laserna is a Public Affairs Specialist at the Office of Public and Congressional Affairs, Bureau of Consular Affairs, U.S. Department of State.

The United States has signed treaties with 57 countries making it mandatory for law enforcement to notify the foreign embassy or consulate, regardless of whether the arrestee requests it or not.

How to fulfill CNA requirements?

Fulfilling CNA requirements is straightforward. Notification can be made by fax, email, or telephone, but keeping a record of specifically when, how, and who you contacted to make notification is crucial in the event of disputes or legal challenges. Why CNA compliance matters? Complying with CNA re quirements not only fulfills legal obligations but also helps protect

Spring 2025 | Corrections Today

23