7 FAM 100
WELFARE AND WHEREABOUTS OF U.S.
NATIONALS ABROAD
7 FAM 110
INTRODUCTION
(CT:CON-804; 04-30-2018)
(Office of Origin: CA/OCS)
7 FAM 111 Summary
(CT:CON-431; 01-08-2013)
a. This chapter outlines the Department policies,
guidance, and procedures for locating U.S. citizens or nationals, determining
their general welfare and/or assisting them when they encounter difficulties.
Our most important function as consular officers is to protect and assist U.S.
citizens or nationals traveling or residing abroad. The Department of State
and the U.S. Congress place a high priority on our performing these protective
services with sensitivity, tact, and the utmost proficiency. Conducting
welfare and whereabouts inquires and providing other services on behalf of U.S.
citizens or nationals who may be suffering from mental illness is addressed in
7 FAM 300.
b. What Welfare Whereabouts Work Encompasses: Consular
assistance to U.S. citizens or nationals in welfare and whereabouts matters
includes, but is not limited to:
(1) Locating persons abroad who have lost touch with
concerned parties in the United States;
(2) Locating persons abroad who are overdue for
scheduled travel;
(3) Locating missing persons;
(4) Coordinating with host-country and U.S. officials
in search and rescue cases;
(5) Passing emergency family messages;
(6) Reporting on the general welfare of U.S. citizens
or nationals, subject to the Privacy Act; and
(7) Providing emergency temporary refuge in limited
cases.
c. Scope: During the course of other consular ACS
work, such as arrest visits, emergency medical cases and child abuse cases, you
will also use your welfare and whereabouts skills.
d. Limitations on you in handling welfare and
whereabouts cases are as follows:
(1) You cannot compel a U.S. citizen/national to
return to the United States, except when assisting law enforcement authorities
to extradite a U.S. citizen/national fugitive;
(2) You cannot force a U.S. citizen/national to speak
to or meet with you; and
(3) You cannot require a U.S. citizen/national to
provide a reason for refusing to sign a Privacy Act waiver.
e. Welfare and whereabouts tools We developed some
basic tools to assist you in welfare and whereabouts work. See:
(1) CA Internet Home Page Welfare and Whereabouts
Feature: The Consular Affairs Internet home page welfare and whereabouts
feature, Consular Welfare and Whereabouts Services for U.S. Citizens Abroad,
provides further explanation about the limitations on consular officers
conducting welfare and whereabouts inquiries;
(2) ACS System Welfare and Whereabouts Feature; and
(3) Welfare and Whereabouts Checklist, 7 FAM Exhibit 111.
f. Contact CA/OCS For Help We recognize that it is
not possible to plan for every type of assistance request and encourage you to
send seek guidance and assistance from CA/OCS at any time.
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Whom Should You Call on For Help?
Welfare and Whereabouts matters are the responsibility of
CA/OCS/ACS, the Office of American Citizens Services and Crisis Management.
For questions related to the welfare and whereabouts of
children in a parental child abduction case, contact CA/OCS/CI, the Office of
Childrens Issues, which coordinates closely with CA/OCS/ACS.
For questions about Crime Victim Assistance, the Privacy
Act and interpretation of U.S. laws, regulations or treaties, consult
CA/OCS/L, the Office of Legal Affairs (ASK-OCS-L@state.gov)
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7 FAM 112 AUTHORITIES
(CT:CON-407; 06-29-2012)
a. Authority for protection of U.S. citizens or
nationals abroad and performance of welfare and whereabouts inquiries is found
in a variety of treaties, laws, regulations and Executive Orders.
b. Treaties: You should be aware of which consular
treaties apply in the host country. See Treaties in Force on the Department of
State Internet site.
(1) The Vienna Convention on Consular Relations (VCCR)
provides the basic authority for consular protection of nationals. If the VCCR
is in force in the host country, you should be familiar with the provisions of
the treaty related to consular protection of nationals.
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Article 5 of the VCCR provides that consular functions
include
(a) Protecting in the receiving State [host country] the
interests of the sending State [the United States] and its nationals within
the limits permitted by international law;
(e) Helping and assisting nationals;
(h) Safeguarding within the limits imposed by the laws
and regulations of the receiving State [host country], the interests of
minors and other persons lacking full capacity who are nationals of the
sending State [the United States], particularly where any guardianship or
trusteeship is required with respect to such persons
Article 36 of the VCCR provides that
1. With a view to facilitating the exercise of consular
functions relating to nationals of the sending State [the United States]:
(a) Consular officers shall be free to communicate with
nationals of the sending State [the United States] and to have access to
them. Nationals of the sending State [the United States] shall have the same
freedom with respect to communication with and access to consular officers of
the sending State [the United States]
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The VCCR addresses not only your authority as
consular officers, but also the responsibilities of the host country.
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Article 37 of the VCCR provides that
If the relevant information is available to the competent
authorities of the receiving State [host country], such authorities shall
have the duty:
(b) To inform the competent consular post without delay
of any case where the appointment of a guardian or trustee appears to be in
the interests of a minor or other person lacking full capacity who is a
national of the sending State [the United States]. The giving of this
information shall, however, be without prejudice to the operation of the laws
and regulations of the receiving State [host country] concerning such
appointments.
(c) If a vessel, having the nationality of the sending
State [the United States], is wrecked or runs aground in the territorial sea or
internal waters of the receiving State [host country], or if an aircraft
registered in the sending State [the United States] suffers an accident on
the territory of the receiving State [host country], to inform without delay
the consular post nearest the scene of the occurrence.
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(2) Bilateral Consular Conventions: There are also
bilateral consular conventions with certain countries. You should be familiar
with whether there is any bilateral consular treaty between the United States
and the host country addressing this issue. See Treaties in Force on the
Department of State Internet site. You will find the texts of most bilateral
consular conventions on the CA/OCS Intranet treaties feature.
c. U.S. Laws, Regulations and Executive Orders
22 U.S.C. 1731 Protection of Naturalized Citizens
22 U.S.C. 3904(1) Functions of Service
22 CFR 71.1 Protection of Americans Abroad
7 FAM 113 SERVICE TO THE PUBLIC
(CT:CON-101; 02-10-2005)
a. How consular officers render assistance to a U.S.
citizen or national strongly influences that individuals perception of the
Department of State and the U.S. government. You should provide prompt,
courteous, and sympathetic service with as little red tape as possible,
consistent with established procedures and regulations.
b. If you are unable to provide the assistance
requested, a sympathetic no, combined with an explanation of the reasons for
that decision and possible suggestions for alternative solutions, generally
evokes a more positive response than an abrupt, although efficient and correct,
refusal.
c. If a Foreign Service national employee normally
handles certain inquiries, but the U.S. citizen or national insists on speaking
with a U.S. Foreign Service officer, make yourself available to respond to the
U.S. citizen. However, if the U.S. citizen or national exhibits violence or
behavior that indicates the person may be a danger to consular personnel, take
appropriate precautions. (See 7 FAM 300.)
d. Always be prepared to identify yourself by name and
title in conversations with U.S. citizens/nationals about American Citizen
Services (ACS) issues.
e. Consular supervisors should instruct the consular
staff in the proper manner of dealing with the public in general and U.S.
citizens and nationals in particular.
f. If a post receives complaints concerning the
handling of a case, the post should review the matter thoroughly and respond to
the complainant.
7 FAM 114 CONGRESSIONAL INQUIRIES
(CT:CON-101; 02-10-2005)
a. Often, U.S. citizens or nationals contact their congressional
representatives to obtain information or assistance. Whenever possible, the
Department handles these requests or inquiries, drawing when necessary upon
information from various posts. If an inquiry is such that a particular post
should conduct specific inquiries, or if the request asks for updated
information, the Department (CA/OCS) forwards the inquiry by telegram or email
to the appropriate post for action. Suggestions to help you prepare responses
to congressional inquiries follow.
b. Prepare a cogent and informative reply, insuring
that the Department, the congressional caseworker, and the constituent can
understand your response.
c. Anticipate that the congressional caseworker will
provide a copy of your reply to the constituent, who in turn may distribute it
to others. Make sure that your response conveys concern and helpfulness.
d. Have more senior, experienced officers, review
replies to ensure accuracy, responsiveness, and consistency with the
Departments responsibility to provide appropriate services to the U.S. public
abroad.
7 FAM 115 ENTITLEMENT TO CONSULAR
EMERGENCY WELFARE AND WHEREABOUTS SERVICES
(CT:CON-101; 02-10-2005)
a. All persons seeking emergency or protective services
from the U.S. Government must first establish that they are U.S. citizens or
nationals. Evidence to establish U.S. citizenship may consist of the
following:
(1) A valid U.S. passport;
(2) A naturalization certificate;
(3) A certificate of citizenship;
(4) A Consular Report of Birth Abroad; or
(5) The basic documentary evidence sufficient to
obtain any of the above citizenship documents (see 22 U.S.C. 2705
(Documentation of Citizenship); 22 CFR 51.43 (Person Born In The United States
Applying For A Passport For The First Time) 22 CFR 51.44 (Person Born Abroad
Applying For A Passport For The First Time); 7 FAM 1100 (Acquisition of
Citizenship), 1300 (Passport Services and 1400 (Reports of Birth).
b. Clear the persons name through the Consular Lookout
and Support System (CLASS) name check process. This will help to establish
whether the person requesting the service is the subject of any outstanding
federal warrants, and whether there is any other possible basis for denial of
services.
c. If a person is unable to provide adequate evidence
of citizenship or nationality, the officer may use the Passport Information
Electronic Records System (PIERS) and American Citizens Services System (ACS)
to try to verify the persons citizenship and previous consular case history.
A PIERS image record of a persons last passport application may be considered
proof of citizenship.
d. If you need assistance from the Department
(CA/OCS/ACS) to verify the persons citizenship, include:
(1) The applicants full name;
(2) Any previous or other names used by the individual
(passport records might be in those names);
(3) Date of birth;
(4) Place of birth;
(5) Date and place of issuance of last passport; and
(6) Any other information that would facilitate the
Departments verification. Social security numbers are especially useful, and
often generate more detailed information in the name check system than does
basic biodata. Mothers maiden name can be useful to establish identity.
e. If a person is unable to provide satisfactory
evidence of U.S. citizenship or nationality and is in dire need of service, you
may use discretion and good judgment in deciding whether, and to what extent,
to provide services, pending a reply from the Department (CA/OCS/ACS).
f. In general, the Department recommends that you err
on the side of providing services to someone with a probable claim, rather than
refusing assistance and placing the applicant at a severe disadvantage. This
may be necessary in cases where the person is a victim of crime and has lost
evidence of citizenship and in cases of hospitalization where the post or the
Department may need to make further inquiries to verify the persons status.
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Remember
Verify the persons citizenship
Clear the name in CLASS
Review ACS System for previous case history
When in doubt, ask CA/OCS/ACS for help
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7 FAM 116 IDENTIFY LOCAL RESOURCES
(CT:CON-407; 06-29-2012)
Every post should maintain a contact list of people and
positions that may affect the posts performance of emergency and welfare
whereabouts Resources should be noted using the Welfare/Whereabouts Case
Checklist available at 7 FAM Exhibit 111.
Checklists should include local resources such as:
(1) Police;
(2) Immigration;
(3) Airlines;
(4) Ground transportation;
(5) Customs;
(6) Hospitals;
(7) Coroner/Morgues;
(8) Accommodations (hotels, pensions, hostels,
ashrams);
(9) Universities;
(10) American Community;
(11) Media; and
(12) Other emergency contacts and services.
For Example
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LOCAL RESOURCES
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Entity
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Contact
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Phone/Email
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7 FAM 117 DUTY OFFICER INSTRUCTIONS
(CT:CON-578; 06-05-2015)
a. Many welfare and whereabouts cases received by the
post outside of working hours cannot be deferred until the next working day.
For example, emergency messages often require immediate action by the person
for whom the message is intended. Accordingly, the post Duty Officer Manual
must contain sufficient instructions to ensure that such a request is
identified and handled in a timely manner.
b. 2 FAM 115.3-1,
Availability of Duty Personnel, requires
every Foreign Service post to have an officer available at all times outside of
normal working hours to identify and act on matters that cannot wait until the
opening of business. At most posts, consular and non-consular officers serve
on the duty roster and handle both consular and non-consular emergencies. 2 FAM 113.8, Duty Officer Guide, requires that every post
maintain a duty book with concise instructions, advice and references covering
situations the duty officer might encounter. It is the responsibility of the
consular section chief to ensure that the consular portions of the duty book
are current and sufficiently clear and comprehensive to allow nonconsular
officers to provide critical consular services after hours. See also 7 FAH-1
H-291.1, Duty Officer Program, and 2 FAM 113.8-5, Duty Officer Log.
c. Guidance on how to organize the consular component
of a duty book is now available on CA/OCS's Intranet home page. The post duty
book instructions should be sufficiently detailed so that the duty officer will
be able independently to take the steps necessary to perform the required
service.
d. The key steps are to:
(1) Identify the request as a welfare and whereabouts
case;
(2) Evaluate the nature of the request to determine
whether it must be acted upon immediately; and
(3) Take whatever action is necessary to perform the
service in a timely manner.
e. Post duty officers may also contact the ACS Chief at
the post for guidance. Post ACS Chiefs may prefer to handle notification of
critical emergencies. The CA/OCS duty officer is also available to provide
guidance.
7 FAM 118 REPORTING ON WELFARE AND
WHEREABOUTS CASES
(CT:CON-578; 06-05-2015)
a. In all cases involving welfare and whereabouts of a
U.S. citizen/U.S. non-citizen national abroad, consular officers should inform the
Department (CA/OCS/ACS) of all significant developments. Likewise, the
Department will inform the post of any significant developments that come to
its attention. Within these general guidelines there are natural intervals
when a post should report the status of the search. For instance:
(1) After the post checks its files and the addresses
of contacts provided by the inquirer, the post should report the results of
these checks and the next steps it intends to take;
(2) After contacting the local police and immigration
officials, the post should inform the Department of these contacts and the
results or date the consular officer expects to have results; and
(3) The post must inform the Department of all steps,
contacts, and results. As long as the local authorities are pursuing an
investigation, the post should periodically inquire about the status of the
search and report this information.
b. Such periodic contacts not only enable the post to
monitor the efforts of the local authorities but also keep them aware of the
posts continued interest. The Department (CA/OCS/ACS) will also need status
reports to respond to inquiries by friends and family of the missing person and
to congressional interest.
7 FAM 119 Unassigned
7 FAM Exhibit 111
Welfare Whereabouts Checklist
(CT:CON-407; 06-29-2012)
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WELFARE AND WHEREABOUTS CHECKLIST
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Name of The Post/Officer (Embassy/Consulate, City,
Country)
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Date Local Resources List Revised:
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SUBJECT OF SEARCH:
NAME(S)
DATE OF BIRTH
PLACE OF BIRTH
PASSPORT NUMBER
DATE/PLACE OF ISSUANCE
OTHER IDENTIFYING DATA
PHYSICAL DESCRIPTION
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Inquirer:
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Relationship to Subject:
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Home Phone:
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Office Phone:
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Cell Phone:
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Email:
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Email:
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Address:
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Date of Inquiry:
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Congressional Inquirers:
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Other Inquirers
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Subjects Last Known Location:
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Circumstances of Disappearance:
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Persons to Contact During Search:
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AIRLINES SERVING HOST COUNTRY
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Name of Carrier
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Contact
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Phone/Email
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4.
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5.
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GROUND TRANSPORTATION
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Company
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Contact
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Phone/Email
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HOST GOVERNMENT ASSISTANCE
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Police
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Contact
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Phone/Email
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3.
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4.
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IMMIGRATION
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Section
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Contact
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Phone/Email
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CUSTOMS SERVICE
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Section
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Contact
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Phone/Email
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HOSPITALS
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Location
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Contact
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Phone/Email
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4.
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CORONER/MORGUES
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Location
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Contact
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Phone/Email
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3.
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4.
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OTHER EMERGENCY SERVICES
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Location
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Contact
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Phone/Email
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ACCOMMODATIONS
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Location
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Contact
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Phone/Email
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First Class Hotels
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Second Class Hotels
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Low Priced Hotels
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Pensions
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Youth Hostels
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Universities
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Charitable Sleeping Arrangements
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Camp Grounds
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Missionaries
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Other
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LOCAL TOURIST ATTRACTIONS (HOW TO CONTACT THEM)
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Location
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Contact
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Phone/Email
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CAR RENTALS
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Location/Company
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Contact
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Phone/Email
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3.
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LOCAL AMERICAN COMMUNITY
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Location/Entity
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Contact
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Phone/Email
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3.
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RADIO BROADCASTS (FREE EMERGENCY ANNOUNCEMENTS)
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Entity
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Contact
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Phone/Email
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