Announcement: All Consular Notification Requirements Remain in Effect


On March 7, 2005 the United States advised the United Nations of its withdrawal from the Optional Protocol to the Vienna Convention on Consular Relations (VCCR).  The Optional Protocol is a purely jurisdictional treaty, separate from the Vienna Convention, giving the ICJ jurisdiction over disputes concerning the Convention.  The United States has not withdrawn from the Vienna Consular Convention and remains committed to its principles and provisions.

 
The obligations of American law enforcement personnel regarding consular notification and access for arrested or detained foreign nationals are unchanged by this event.  Here are the key facts:
 

  • The U.S. remains a party to the Vienna Convention on Consular Relations (VCCR), and all of our obligations under this treaty remain in effect, including our obligations with regard to consular notification

  • The U.S. is fully committed to compliance with our international legal obligations under the VCCR, and actively works to improve compliance nationally
  • American law enforcement personnel must continue to inform, without delay, all foreign nationals who are arrested or detained that consular officials of their country may be notified of the detention  
  • If the detainee requests it, law enforcement personnel must continue to notify consular officials from the detainee’s country of the detention and must continue to give such consular officials access to the detainee.
  • The requirements to notify consular officials of all detentions of nationals of certain countries (“mandatory notification”) also remain in effect. 

To learn more about consular notification and access policy and procedures, click here.