Stanford Students Going Abroad

STEP 4 UNDERSTAND THE LAWS AND CUSTOMS OF THE COUNTRY OF DESTINATION

 

The vast majority of those who travel abroad have no problems with the laws and customs of the country they are visiting. Members of the Stanford community generally understand how to respect differences and navigate the appropriate behavioral norms of the their host country.

Occasionally, though, travelers do find that they are confronted with the legal system of another country. While abroad, Stanford travelers should remember that they are subject to the laws of the host country. It is no excuse not to know them. Laws over the use of alcohol, drugs and participation in political and social demonstrations vary from country to country. Travelers are advised not to use drugs overseas under any circumstances and strongly cautioned about the use of alcohol.

It is the Stanford traveler's responsibility to become familiar with and obey the laws of the host country.

Penalties for breaking the law in many countries could be more severe than they would be in the U.S. Students should consider their approach to certain possibilities overseas: would you carry any package for a stranger, would you accept drugs from anyone, would you involve yourself in a demonstration? For additional information on host country laws, read the U.S. Department of State Consular Information Sheets.

Convictions of any crime overseas may lead to a student being deported and unable to obtain a visa to return to that country.

The following is intended to provide guidelines to U.S. citizens, as these are U.S. policies regarding procedures for their citizens confronting legal issues abroad. International students should contact the consulate or embassy of their home country for guidance and instruction if they have questions or concerns about their rights.

What happens if a U.S. citizen is arrested?

• U.S. citizens have the right to request to speak to a Consular Officer from the nearest U.S. Embassy or Consulate.
• The Vienna Convention on Consular Relations (VCCR) provides important rights for U.S. citizens arrested or detained overseas. Article 36 of the VCCR requires that the host government must inform a foreign national (in this case a U.S. citizen) arrestee without delay of the option to communicate with his or her consular officials, and must notify the consular officials without delay if the arrestee so requests. The State Department interprets "without delay" to mean that there should be no deliberate delay and notification should occur as soon as reasonably possible. This usually means within 24-72 hours. If there is a bilateral agreement with the country it will specify the time frame. This time frame could be as soon as immediately or a longer time frame. For example the agreement with Vietnam says notification must occur within 96 hours. Article 36 also gives consular officers the right to visit their nationals in detention, to converse and correspond with them, and to arrange for their legal representation. More than 170 countries are party to the VCCR. Another 20 countries are not part of the VCCR. For many, but not all of these countries there is some other bilateral agreement with the United States that deals with consular access. Generally speaking, treaties do not require consular notification if the arrested or detained U.S. citizen is also a citizen of the host country.
• Students should carry an emergency card containing emergency phone numbers, including the phone number of the nearest US Embassy or Consulate and their health insurance cards. Students may also wish to note down the translation of the phrase "I wish to call the U.S. Embassy." Students should also ensure they have contact information for host country nationals with whom they have become friends.
• If students are arrested or detained abroad, they should NOT make any statements to the host country police prior to contacting the US Embassy or Consulate (or the home country embassy, if not a US citizen) and NOT make any statements to the host country police without having a lawyer present. Contact the nearest US Embassy or Consulate immediately to inform them of the arrest and to request assistance. The US Embassy maintains a list of attorneys, but does not verify the quality of professionals who ask to be included on this list. Contact the insurance emergency number for additional legal assistance.
• Again, it is important to understand that neither the U.S. government nor the home or host institution can get someone out of jail if they are arrested abroad. That is why it is vitally important for students to understand and obey the laws of the host country.
• For more information on foreign laws, see the Center for Global Education.

What help can a U.S. citizen expect from the U.S. Consulate?

The U.S. Embassy/Consulate CAN:

• Provide a list of local attorneys - the U.S. Government cannot assume responsibility for the professional ability or integrity of these individuals or recommend a particular attorney.
• Intercede with local authorities to make sure that Americans' rights under local law are fully observed and that you are treated humanely, according to internationally accepted standards.
• Visit Americans in jail - local authorities should notify the U.S. consulate when an American is detained.

The U.S. Embassy/Consulate CANNOT:

• Demand your immediate release or get you out of jail or the country.
• Represent you at trial or give legal counsel.
• Pay legal fees and/or fines with U.S. Government funds.

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