ABSTRACT

Even in a state like the United States, where consular access obligations enter domestic law without legislation, more detailed provision may be deemed appropriate, through legislation or regulation, to ensure that police agencies are aware of their consular access obligations and to instruct on the practical issues that arise as consular access is implemented. In the United States, the federal executive has enacted administrative regulations applicable to the federal police (Federal Bureau of Investigation) and to federal immigration authorities. Excerpts from the former set of regulations are included in this chapter. It applies to the arrest of a foreign national by federal authorities in the United States on a criminal charge (Document 2).