7 FAM 960
CRIMINAL MATTERS, REQUESTS FROM FOREIGN TRIBUNALS, AND
OTHER SPECIAL ISSUES
(CT:CON-808; 06-05-2018)
(Office of Origin: CA/OCS)
7 FAM 961 SPECIAL JUDICIAL ASSISTANCE ISSUES
(CT:CON-127; 01-26-2006)
This subchapter addresses special issues associated with
judicial assistance questions to which the procedures outlined elsewhere in
this chapter do not apply. This includes, but is not limited to, judicial
assistance requests in criminal matters, requests from foreign courts and
tribunals for judicial assistance from the United States, travel of foreign
officials to the United States related to judicial assistance, and the
enforcement of judgments issued by courts in one country in another country.
7 FAM 962 CRIMINAL MATTERS
7 FAM 962.1 Mutual Legal Assistance
in Criminal Matters Treaties (MLATs)
(CT:CON-449; 03-25-2013)
a. The United States is a party to various bilateral
treaties on Mutual Legal Assistance in Criminal Matters (MLAT). See the Bureau
of Consular Affairs Internet feature on Mutual Legal Assistance Treaties and
Other Agreements and Treaties in Force on the Department of State Internet
page. Since the first U.S. bilateral Mutual Legal Assistance Treaty (MLAT)
entered into force with Switzerland in 1977, our MLATs have become an
increasingly important. They seek to improve the effectiveness of judicial
assistance and to regularize and facilitate its procedures. Each country
designates a central authority, generally the two Justice Departments, for
direct communication. The treaties include the power to summon witnesses, to
compel the production of documents and other real evidence, to issue search
warrants, and to serve process. Consular officers may be called on to assist
U.S. prosecutors in making arrangements for obtaining evidence under such
agreements. This assistance usually takes the form of arranging appointments,
providing office space, administering oaths, and so forth.
b. Defense Requests:
(1) Generally, the remedies offered by the MLAT
treaties are only available to the prosecutors. (See 7 FAM 962.5).
The defense must usually proceed with the methods of obtaining evidence in
criminal matters under the laws of the host country, which usually involve
letters rogatory. Defense requests in criminal matters should be directed to
CA/OCS/ACS, which will consult with CA/OCS/L as appropriate
(Ask-OCS-L@state.gov).
(2) Federal Public Defenders: Federal Public
Defenders are appointed to represent private defendants in criminal matters
prosecuted by the Department of Justice. As employees of the judicial branch
they are not subject to Chief of Mission authority or post country clearance
procedures. (See 2 FAH-2 H-110.)
The Department does encourage federal public defenders to notify CA/OCS/L of
overseas travel so that overseas embassies may be alerted and advise The
Department regarding any requirements the host country may have. Federal
Public Defenders perform an essentially non-governmental, private function and
owe paramount professional loyalty to their private clients. The Department
does not monitor how federal public defenders execute their professional
obligations toward their clients but rather is keenly interested in their
welfare as U.S. citizens when traveling abroad and seeks to provide information
and facilitate contacts with foreign governments so that professional
activities may be undertaken in compliance with host country requirements.
Questions involving federal public defenders should be directed to CA/OCS/L at
Ask-OCS-L@state.gov.
c. The U.S. Central Authority for MLAT treaties is the
U.S. Department of Justice, Criminal Division, Office of International
Affairs. The Department of State Office responsible for questions related to
MLAT treaties is the Office of the Legal Adviser for Law Enforcement and
Intelligence (L/LEI).
d. The United States now has the following bilateral
MLATs in force, unless otherwise noted as being signed but not in force. This
list is subject to change. For the most recent information, refer to Treaties
in Force and Treaty Actions. The U.S. is also a party to the multilateral
Inter American Convention on Mutual Assistance in Criminal Matters. The
multilateral Agreement on Mutual Legal Assistance between European Union and
United States of America is not yet in force.
|
Country
|
Entered Into Force (or signed, not yet in force, where
noted)
|
Citations
|
|
Antigua and Barbuda
|
July 1, 1999
|
Treaty Doc. 105-24 105th Cong., 1st Sess. Exec. Rept.
105-22, 105th Cong., 2nd Sess.
|
|
Argentina
|
February 9, 1993
|
Treaty Doc. 102-18, 102nd Cong., 1st Sess., Exec. Rept.
102-33, 102nd Cong., 1st Sess.
|
|
Australia
|
September 30, 1999
|
Treaty Doc. 105-27, 105th Cong., 1st Sess. Exec. Rept.
105-22, 105th Cong., 2nd Sess.
|
|
Austria
|
August 1, 1998
|
Treaty Doc. 104-21, 104th Cong., 1st Sess., Exec. Rept.
104-24, 104th Cong., 2nd Sess.
|
|
Bahamas
|
July 18, 1990
|
Treaty Doc. 100-17, 100th Cong. 2nd Sess. Exec. Rept.
100-30, 100th Cong. 2nd Sess.
|
|
Barbados
|
March 3, 2000
|
Treaty Doc. 105-23, 105th Cong., 1st Sess., Exec. Rept.
105-22, 105th Cong. 2nd Sess
|
|
Belize
|
January 7, 2003
|
Treaty Doc. 107-13, 107th Cong., 2d Sess.; Exec. Rept.
107-15 2d Sess.
|
|
Belgium
|
January 1, 2000
|
Treaty Doc. 100-16, 100th Cong., 2nd Sess., Exec. Rept.
100-29, 100th Cong., 2d Sess. Exec. Rept. 101-11, 101st Cong., 1st Sess.
|
|
Brazil
|
February 21, 2001
|
Treaty Doc. 105-42 105th Cong. 2nd Sess., Exec. Rept
105-22, 105th Cong, 2nd Sess.
|
|
Bulgaria
|
Signed September 19, 2007 (not in force)
|
Treaty Doc. 110-12, 110th Cong. 2d Sess.
|
|
Canada
|
January 24, 1990
|
Treaty Doc. 100-14; 100th Cong., 2nd Sess. Exec. Rept.
100-28; 100th Cong, 2nd Sess. Exec. Rept 101-10; 101st Cong., 1st Sess. XXIV
ILM No. 4, 7/85, 1092-1099.
|
|
Colombia
|
Signed August 20, 1980 (Not in Force)
|
Treaty Doc. 97-11, 97th Cong. 1st Sess. Exec Rept 97-35
|
|
Cyprus
|
September 18, 2002
|
Treaty Doc. 106-35, 106 Cong. 2nd Sess. Exec. Rept
106-24, 106 Cong. 2nd Sess.
|
|
Czech Republic
|
May 7, 2000
|
Treaty Doc. 105-47, 105th Cong., 2nd Sess., Exec. Rept.
105-22, 105th Cong. 2nd Sess.
|
|
Denmark
|
Signed June 23, 2005 (Not yet in Force)
|
Treaty Doc. 109-13, 109th Cong. 2d Sess.
|
|
Dominica
|
May 25, 2000
|
Treaty Doc. 105-24, 105th Cong., 1st Sess., Exec. Rept.
105-22; 105th Cong. 2nd Sess.
|
|
Egypt
|
November 29, 2001
|
Treaty Doc. 106-19, 106th Cong. 2nd Sess., Exec. Rept.
106-24, 106th Cong, 2nd Sess.
|
|
Estonia
|
October 20, 2000
|
Treaty Doc. 105-52, 105th Cong., 2nd Sess., Exec. Rept.
105-22, 105th Cong. 2nd Sess.
|
|
European Union
|
Signed June 25, 2003 (Not in Force)
|
Treaty Doc. 109-13, 109th Cong. 2d Sess.
|
|
Finland
|
Signed December 16, 2004 (Not in Force)
|
Treaty Doc. 109-13, 109th Cong. 2d Sess.
|
|
France
|
December 1, 2001
|
Treaty Doc. 106-17, 106th Cong. 2nd Sess., Exec. Rept
106-24, 106th Cong. 2nd Sess.
|
|
Germany
|
Signed October 14, 2003 (Not in Force)
|
Treaty Doc. 108-27, 108th Cong. 2d Sess.; Exec. Rept.
109-14, 109th Cong. 2d Sess.
|
|
Greece
|
November 20, 2001
|
Treaty Doc. 106-18, 106th Cong. 2nd Sess., Exec. Rept.
106-24, 106th Cong, 2d Sess.
|
|
Grenada
|
September 14, 1999
|
Treaty Doc. 15-24, 105th Cong. 1st Sess., Exec. Rept.
105-22, 105th Cong., 2d Sess.
|
|
Hong Kong SAR
|
January 21, 2000
|
Treaty Doc. 105-6, 105th Cong., 1st Sess., Exec. Rept.
105-22; 105th Cong., 2d Sess.
|
|
Hungary
|
March 18, 1997
|
Treaty Doc. 104-20, 104th Cong., 1st Sess. Exec Rept.
104-25, 104th Cong. 2d Sess.
|
|
India
|
Entered into force October 3, 2005.
|
Treaty Doc. 107-3, 107th Cong., 2d Sess.; Exec. Rept.
107-15, 2d Sess.
|
|
Ireland
|
Signed January 18,2001 (Not in Force)
|
Treaty Doc. 107-9, 107th Cong., 2d Sess.; Exec. Rept.
107-15, 2d Sess.
|
|
Israel
|
May 25, 1999
|
Treaty Doc. 105-40, 105th Cong., 2d Sess., Exec. Rept.
105-22, 105th Cong., 2d Sess.
|
|
Italy
|
November 13, 1985
|
Sen. Ex. 98-25, Exec. Rept. 98-36, 98th Cong., 2d Sess.
|
|
Jamaica
|
July 25, 1995
|
Treaty Doc. 102-16, 102d Cong., 1st Sess., Exec. Rept.
102-32, 102d Cong., 1st Sess.
|
|
Japan
|
Entered into force July 21, 2006.
|
Treaty Doc. 108-12, 108th Cong., 1st Sess.; Exec. Report
109-14, 2d Sess.
|
|
Korea
|
May 23, 1997
|
Treaty Doc. 104-1, 104th Cong., 1st Sess., Exec. Rept.
104-22; 104th Cong. 2d Sess.
|
|
Latvia
|
September 17, 1999
|
Treaty Doc. 105-34, 105th Cong., 2d Sess., Exec. Rept.
105-22; 105th Cong., 2nd Sess.
|
|
Liechtenstein
|
August 1, 2003
|
Treaty Doc. 107-16, 107th Cong., 2d Sess.; Exec. Rept.
107-15, 107th Cong., 2d Sess.
|
|
Lithuania
|
August 26, 1999
|
Treaty Doc. 105-41, 105th Cong., 2d Sess., Exec. Rept.
105-22, 105th Cong., 2d Sess.
|
|
Luxembourg
|
February 1, 2001
|
Treaty Doc. 105-11, 105th Cong., 1st Sess., Exec. Rept.
105-22, 105th Cong., 2d Sess.
|
|
Malaysia
|
Signed July 28, 2006 (Not yet in force)
|
Treaty Doc. 109-22, 109th Cong., 2d Sess.
|
|
Malta
|
Signed May 18, 2006 (Not yet in force)
|
Treaty Doc 109-13, 109th Cong., 2d Sess.
|
|
Mexico
|
May 3, 1991
|
Treaty Doc. 100-13, Exec. Rept. 100-27, 100th Cong., 2
Sess., Exec. Rept. 101-09, 101st Cong. 1st Sess., XXVII ILM, No. 2, 3/88,
447.
|
|
Morocco
|
June 23, 1993
|
Sen. Ex. 98-24, Exec. Rept. 98-35, 98th Cong., 2d Sess.
|
|
Netherlands
|
September 15, 1983
|
TIAS 10734
|
|
Nigeria
|
January 14, 2003
|
Treaty doc. 102-26, 102d Cong., 2d Sess.; Exec. Rept.
106-24, 106th Cong., 2d Sess.
|
|
Panama
|
September 6, 1995
|
Treaty Doc. 102-15, 102 Cong., 1st Sess., Exec. Rept.
104-3, 102 Cong., 2d Sess.
|
|
Philippines
|
November 22, 1996
|
Treaty Doc. 104-18, 104th Cong., 1st Sess., Exec. Rept.
104-26, 104th Cong., 2d Sess.
|
|
Poland
|
September 17, 1999
|
Treaty Doc. 105-12, 105th Cong., 1st Sess., Exec. Rept.
105-22, 105th Cong., 2d Sess.
|
|
Portugal
|
July 15, 2005 (Not yet in force)
|
Treaty Doc. 109-13, 109th Cong., 2d Sess.
|
|
Romania
|
October 17, 2001
|
Treaty Doc. 106-20, 106th Cong. 2d Sess., Exec. Rept.
106-24, 106th Cong, 2d Sess.
|
|
Russian Federation
|
January 31, 2002
|
Fact Sheet Mutual Legal Assistance Treaty Between the
U.S. and Russia January 31, 2002
Department of Justice (DOJ) Overseas Prosecutorial
Development
Treaty Doc. 106-22, 106th Cong. 2d Sess., Exec. Rept.
107-3, 107th Cong, 1st Sess.
|
|
Saint Kitts & Nevis
|
February 23, 2000
|
Treaty Doc. 105-37, Exec. Rept. 105-22, 105th Cong., 2d
Sess.
|
|
Saint Lucia
|
February 2, 2000
|
Treaty Doc. 105-24, 105th Cong., 1st Sess., Exec. Rept.
105-22; 105th Cong., 2d Sess.
|
|
Saint Vincent & the Grenadines
|
September 8, 1999
|
Treaty Doc. 105-44, Exec. Rept. 105-22, 105th Cong., 2d
Sess.
|
|
Slovak Republic
|
February 6, 2006 (Not yet in force)
|
Treaty Doc. 109-13, 109th Cong., 2d Sess.
|
|
Slovenia
|
October 17, 2005 (Not yet in force)
|
Treaty Doc. 109-13, 109th Cong., 2d Sess.
|
|
South Africa
|
June 25, 2001
|
Treaty Doc. 106-36, 106th Cong., 2d Sess. Exec. Rept.
106-24, 106th Cong. 2d Sess.
|
|
Spain
|
June 30, 1993
|
Treaty Doc. 102-21, 102d Cong., 2d Sess., Exec. Rept.
102-35, 102d Cong., 2d Sess.
|
|
Sweden
|
Signed December 17, 2001 (Not in Force)
|
Treaty Doc. 107-12, 107th Cong., 2d Sess.
|
|
Switzerland
|
January 23, 1977
|
TIAS 8302, 27 UST 2019
|
|
Thailand
|
June 10, 1993
|
Treaty Doc. 100-18, Exec. Rept. 100-31, 100th Cong., 3d
Sess., Exec. Rept. 101-13, 101st Cong., 1st Sess.
|
|
Trinidad and Tobago
|
November 29, 1999
|
Treaty Doc. 105-22, 105th Cong., 1st Sess., Exec. Rept.
105-22, 105th Cong., 2d Sess.
|
|
Turkey
|
January 1, 1981
|
TIAS 9891
|
|
Ukraine
|
February 27, 2001
|
Treaty Doc. 106-16, 106th Cong., 2d Sess.; Exec. Rept.
106-24, 106th Cong, 2d. Sess.
|
|
United Kingdom
|
December 2, 1996
|
Treaty Doc. 104-2, 104th Cong., 1st Sess., Exec. Rept.
104-23, 104th Cong., 2d Sess.
|
|
United Kingdom (Cayman Islands)
|
March 19, 1990
|
Treaty Doc. 100-8; 100th Cong., 1st Sess., Exec. Rept.
100-26, 100th Cong., 1st Sess., Exec. Rept. 100-26; 100th Cong., 2d Sess.,
Exec. Rept. 101-8, 101st Cong., 1st Sess., XXVI ILM 536, 3/87.
|
|
United Kingdom (Anguilla)
|
November 9, 1990
|
Treaty with U.K. on Cayman Islands extended to Anguilla.
|
|
United Kingdom (British Virgin Islands)
|
November 9, 1990
|
Treaty with U.K. on Cayman Islands extended to British
Virgin Islands.
|
|
United Kingdom (Montserrat)
|
April 26, 1991
|
Treaty with U.K. on Cayman Islands extended to
Montserrat.
|
|
United Kingdom (Turks and Caicos Islands)
|
November 9, 1990
|
Treaty with U.K. on Cayman Islands extended to Turks and
Caicos.
|
|
Uruguay
|
April 15, 1994
|
Treaty Doc. 102-19, 102d Cong., 1st Sess., Exec. Rept.
102-34, 102d Cong., 2d Sess.
|
|
Venezuela
|
Signed October 12, 1997; entered into force March 1,
2004
|
Treaty Doc. 105-38, 105th Cong., 2d Sess., Exec. Rept.
105-22, 105th Cong., 2d Sess.
|
7 FAM 962.2 Coordination with U.S.
Law Enforcement at U.S. Embassies and Consulates
(CT:CON-127; 01-26-2006)
For countries where there is no MLAT treaty in force, U.S.
federal, state and local prosecutors may require consular assistance in the
taking of depositions of willing witnesses, transmittal of letters rogatory for
compulsion of evidence, and preparation of special authentication certificates
required for criminal matters. (See the Federal Rules of Evidence, Rule 902,
Rule 1000-1008).
7 FAM 962.3 Grand Jury Secrecy
(CT:CON-407; 06-29-2012)
When the Department receives a request for judicial
assistance related to a Grand Jury proceeding, instructions from CA/OCS will
include specific guidance about grand jury secrecy, Rule 6(e) Federal Rules of
Criminal Procedure. CA/OCS/L provides guidance to CA/OCS/ACS and posts abroad,
coordinating closely with the Office of the Legal Adviser (L/CA and L/LEI) and
the U.S. Department of Justice as appropriate in these cases. Access to this
information is strictly on a need to know basis for fulfillment of the
request. Information about Department of State and U.S. Embassy and Consulate
officials with access to information about Grand Jury proceedings must be
reported to CA/OCS/L to be shared with the Court.
|
ABA Frequently Asked Questions about the Grand Jury
System
U.S. Department of Justice Grand Jury Manual
U.S. Department of Justice, U.S. Attorneys Manual,
Criminal Resource Manual 156 Disclosure of matters occurring before the grand
jury to Department of Justice attorneys and Assistant United States Attorneys
CA/OCS Intranet Grand Jury Feature
|
7 FAM 962.4 Service Of Federal
Criminal Subpoenas
(CT:CON-127; 01-26-2006)
7 FAM 950
provides information on Service of Federal Criminal Subpoenas.
7 FAM 962.5 Defense Requests In
Criminal Matters
(CT:CON-449; 03-25-2013)
MLAT treaties are not generally available as a mechanism
for obtaining judicial assistance on behalf of the defense in criminal cases.
Defense counsel may consult the Bureau of Consular Affairs Internet page
judicial assistance material for general and country specific guidance.
Requests for taking depositions of willing witnesses abroad may be made
directly to U.S. embassies and consulates abroad. Requests for compulsion of
evidence pursuant to letters rogatory may be directed to CA/OCS/ACS. CA/OCS/L
is available to assist in these cases (Ask-OCS-L@state.gov).
7 FAM 962.6 Authentication of
Documentary Evidence for Use in Criminal Matters
(CT:CON-449; 03-25-2013)
a. 7 FAM 875
provides general guidance about authentication of documents for use by Federal
agencies.
b. The U.S. Department of Justice, Criminal Division,
Office of International Affairs has advised the Department of State that it is
not appropriate to authenticate documents emanating from countries party to the
Hague Convention Abolishing the Requirement for Legalization of Foreign Public
Documents with an apostille certificate issued by a foreign competent
authority. (See 7
FAM 876.)
c. Documents originating in a foreign country which
may be requested for use in the United States in criminal matters generally
fall into the following categories:
(1) Authentication of Business Records;
(2) Authentication of Foreign Government Official
Records;
(3) Certification by the Custodian of the Business or
Foreign Government Official Records as to the Absence of Such Records; and
(4) Consular Authentication of the seal of the
Custodian of the Business Records or the Foreign Government Official Records
Department of State Form DS-1982, General Authentication Certificate.
d. The Department of Justice has provided the
Department of State with the following model certificates which are available
at the Consular Affairs, Overseas Citizens Services Intranet page:
(1) Certificate of Authenticity of Business Records;
(2) Certificate Regarding Search for Business Records;
(3) Attestation of Authenticity of Official Records;
and
(4) Certificate Regarding Search for Foreign Official
Records.
e. Questions concerning the appropriate authentication
certificate to be used in criminal matters should be addressed by the U.S.
Government or state government agency, prosecutor or other person making the
request. CA/OCS/L (Ask-OCS-L@state.gov) can assist posts in coordinating with
the Office of the Legal Adviser for Law Enforcement and Intelligence (L/LEI)
and the Department of Justice or other agency regarding such cases.
7 FAM 963 U.S. JUDICIAL ASSISTANCE TO
FOREIGN TRIBUNALS
(CT:CON-127; 01-26-2006)
a. 28 U.S.C. 1781 provides the Department of State has
power, directly, or through suitable channels to receive a letter rogatory
issued, or request made, by a foreign or international tribunal, to transmit it
to the tribunal, officer, or agency in the United States to whom it is
addressed, and to receive and return it after execution.
b. United States Attorney Responsibilities -- Judicial
Assistance to Foreign Tribunals (U.S. Attorneys Manual 4-1.325): 28 U.S.C.
1782 authorizes the United States district court for the district in which a
person resides or is found to order such person to give his/her testimony or to
produce documents or other things for use in a proceeding in a foreign or
international tribunal. Requests for international judicial assistance are
executed either on the basis of treaty obligations assumed by the United States
(see, e.g., the Hague Evidence Convention, TIAS 7444, 23 UST 2555) or on the basis
of international comity and courtesy. Requests for international judicial
assistance from foreign tribunals in civil matters will be referred to United
States Attorney's by the Office of Foreign Litigation, Civil Division. (See 28
CFR 0.49). United States Attorney's (federal prosecutors) do not attempt to
execute foreign evidence requests in civil cases without obtaining the approval
of the Office of Foreign Litigation (U.S. Attorneys Manual 4-4.600).
|
28 CFR 0.49 International judicial assistance.
The Assistant Attorney General in charge of the Civil
Division shall direct and supervise the following functions:
(a) The functions of the ``Central Authority'' under the
Convention between the United States and other Governments on the Taking of
Evidence Abroad in Civil and Commercial Matters (Hague Evidence Convention),
TIAS 7444, which entered into force on October 7, 1972.
(b) The functions of the ``Central Authority'' under the
Convention between the United States and other Governments on the Service Abroad
of Judicial and Extrajudicial Documents (Hague Service Convention), TIAS
6638, which entered into force on February 10, 1969.
(c) To receive letters of requests issued by foreign and
international judicial authorities which are referred to the Department of
Justice through diplomatic or other governmental channels, and to transmit
them to the appropriate courts or officers in the United States for
execution.
(d) To receive and transmit through proper channels
letters of request addressed by courts in the United States to foreign
tribunals in connection with litigation to which the United States is a
party.
|
c. The Department of States position on the
assistance that the United States will give to foreign tribunals in judicial
assistance matters is stated in the Secretarys circular diplomatic note of
February 3, 1976. This note deals with the service of judicial documents,
requests for evidence (testimony, statements, documents or things); and other
requests, including requests for the enforcement of judgments, which the
Department will return unexecuted because they may not be enforced by means of
a request for judicial assistance.
d. The Department provided amended guidance to the
Chiefs of Mission in Washington, DC in the Secretarys circular diplomatic note
of June 4, 2003, which explained that the U.S. Department of Justice retained
the services of a private contractor to effect service of process in the United
States on behalf of foreign tribunals pursuant to requests under the Hague
Service Convention, the Inter-American Convention on Letters Rogatory
(Inter-American Service Convention) and Additional Protocol, and requests
received from foreign tribunals in countries not party to any treaty on service
of process. See also the U.S. Notification to the Organization of American
States and the U.S. Notification to the Hague Conference on Private International
Law. (See 7 FAM
950).
e. The Secretarys circular notes are available to
posts in English and translations via the CA/OCS Intranet judicial assistance,
foreign government judicial assistance requests feature.
7 fam 965 RESTRICTIONS ON TRAVEL TO THE
UNITED STATES OF FOREIGN GOVERNMENT OFFICIALS
(CT:CON-808; 06-05-2018)
a. 7 FAM 941
addresses the procedures to be followed to obtain post and host country
clearance for the travel of U.S. officials for the purposes of conducting
informal interviews, depositions or other activities related to judicial
assistance matters.
b. Pursuant to 18 U.S.C. 951, persons who act as agents
of foreign governments are required to notify the Attorney General whenever
they travel to the United States. Upon learning of the travel plans of such
agents, consular officers should advise the officials concerned how to effect
notification. Should the travel of an agent of a foreign government to the
United States raise questions of significant political or legal ramifications,
consult the Department (CA/OCS). Failure of agents of foreign governments to
notify the Attorney General may violate 18 U.S.C. 951, and may result in fines
and/or imprisonment, or both.
c. It is the responsibility of individuals covered by
18 U.S.C. 951 to ensure their compliance with the statute. Consular officers
have no statutory responsibility under 18 U.S.C. 951, hence the providing of
information as described above may be limited to those agents of foreign
governments who travel to the United States while engaged in judicial
investigations pursuant to treaties or other mutual assistance requests, or
engaged in law enforcement investigations or regulatory agency activity.
d Agents engaged in judicial activity shall provide
notification in the form of a letter, telex, or FAX, addressed to the Attorney
General, and directed to:
The Office of International Affairs
Criminal Division
Department of Justice
1400 New York Ave. N.W.
Washington, DC 20530
FAX: (202) 514-0080.
e. Notification made by agents engaged in law
enforcement investigations shall be made to the Attorney General in a similar
manner and directed to the attention of:
INTERPOL
United States National Central Bureau
Department of Justice
Washington, DC 20520
FAX: (202) 272-5941.
f. See 28 CFR 73, Notification to the Attorney
General by Agents of Foreign Governments.
|
28 CFR 73.3 Form of notification.
|
7 fam 966 ASSISTANCE TO U.S., STATE AND
LOCAL GOVERNMENT AGENCIES
(CT:CON-449; 03-25-2013)
Consular officers should provide assistance to U.S., State,
and local government agencies in judicial assistance matters, bearing in mind
the need to observe host country legal procedures and sensitivities, as well as
any limitations prescribed by U.S. law or policy. If the consular officer has
doubts about a request for legal assistance, refer the matter to the Department
(CA/OCS/L) at Ask-OCS-L@state.gov.
|
U.S. Federal Agencies
National Association of Attorneys General
National District Attorneys Association
|
7 fam 967 enforcement of judgments
(CT:CON-127; 01-26-2006)
a. There is no treaty in force between the United
States and any country regarding enforcement of judgments. You may direct
inquirers to the Department of State, Bureau of Consular Affairs Internet page
enforcement of judgments feature.
b. The United States does have federal bilateral
reciprocal administrative agreements on child support enforcement. For
questions about international child support enforcement, see 7 FAM 1750 and
the Internet features:
|
Bureau of Consular Affairs
Child Support Enforcement feature
Department of Health and Human Services, Administration
for Children and Families, Office of Child Support Enforcement (HHS/ACF/OCSE)
Foreign Reciprocating Countries
|
7 fam 968 through 969 UNASSIGNED