International Review of Consular Services

International Review of Consular Services Volume II MIRJAM VAN HET LOO SUSANNA BEARNE PERNILLA LUNDIN HANS PUNG AMANDA SCOGGINS MIRIAM SHERGOLD 23 Ju...
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International Review of Consular Services Volume II MIRJAM VAN HET LOO SUSANNA BEARNE PERNILLA LUNDIN HANS PUNG AMANDA SCOGGINS MIRIAM SHERGOLD

23 June 2005 Prepared for the National Audit Office

Preface

On the request of the National Audit Office, RAND Europe conducted an international review of consular services delivered to citizens living or travelling abroad. The results of the international review serve as an input to a larger study undertaken by the National Audit Office to examine consular services to British citizens by the consular directorate of the Foreign and Commonwealth Office. This report contains an overview of the information on consular services provision for each of the countries included in the international review. This report provides the background information to “International Review of Consular Services - Volume I” which discusses the similarities and differences among countries, and highlights good practice that may be of interest to the consular directorate of the Foreign and Commonwealth Office. This report primarily serves as an input to the abovementioned study of the National Audit Office. However, the report may also be of interest to consular divisions of ministries of foreign affairs in countries other than the United Kingdom and to academics and others interested in the organisation and delivery of consular services. For more information about RAND Europe or this document, please contact: Mirjam van het Loo RAND Europe Newtonweg 1 2333 CP LEIDEN The Netherlands Tel +31 71 524 51 70 Fax +31 71 524 51 91 Email [email protected]

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Table of Contents

AUSTRALIA ............................................................................................................. 5 FRANCE .................................................................................................................. 24 GERMANY.............................................................................................................. 35 NETHERLANDS..................................................................................................... 46 SWEDEN ................................................................................................................. 60 UNITED KINGDOM............................................................................................... 71 UNITED STATES ................................................................................................... 84

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AUSTRALIA ISSUE

INFORMATION AVAILABLE

SOURCE

ORGANISATIONAL SETTING National office responsible for consular services, and its position within government

Form of the consular network: ƒ

ƒ

types of posts (e.g. embassies, consulates, honorary consulates) number of posts per type

Number of staff delivering consular services:

ƒ

The Department of Foreign Affairs and Trade (DFAT) is responsible for keeping DFAT. Annual Report 2003-2004. Australians informed about and provide access to consular and passport services in Commonwealth of Australia. Australia and overseas (Output 2.1, DFAT).

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DFAT is one of 7 agencies that make up the foreign affairs and trade portfolio, which supports the Minister for Foreign Affairs, the Minister of Trade, the Parliamentary Secretary for Foreign Affairs and the Parliamentary Secretary for Trade in the conduct of Australian’s foreign and trade policy.

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Consular Services Charter

Counts of Australian embassies, high commissions, consulates, multilateral missions and http://www.dfat.gov.au/embassies.h tml representative offices 1

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46 Australian Embassy

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25 Australian High Commissions

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40 Australian Consulate

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27 Australian Consulate-General

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The total number of consulates headed by Honorary Consuls is 491

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2 Honorary Consulate

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Canada provides consular services to Australians in 21 countries: Canadian Embassy (14); Canadian High Commission (2); Office of the Canadian Embassy (1). Plus 3 more countries (2003-04)1

DFAT. Annual Report 2003-2004. Commonwealth of Australia.

Location of staff: ƒ

Staff recruited overseas 1,406

ƒ

in national base office

ƒ

Staff in state and territory offices 254

ƒ

at overseas posts (including locally engaged staff)

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Australian staff posted overseas 506

ƒ

Staff in Canberra 1,190

DFAT. Annual Report 2003-2004. Commonwealth of Australia.

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INFORMATION AVAILABLE

Are there dedicated training courses in consular services, available to all consular staff? Are there other ways in which you spread good practice in consular work?

3 forms of training: ƒ

SOURCE

Interview (Rod Smith, DFAT, 30 Regular consular courses (every 6 weeks for approx 4 days) for those offices going March 2005). to overseas posts (heads of missions only do one day)

ƒ

Regular regional management conferences, which run for approximately 5 days every second year in all regions of the world (i.e. 3-4). The consular component makes up approximately 1½-2 days.

ƒ

Online training (e.g. consular management database and consular management database)

Other good practice:

Degree of global coverage of the consular network, including information on the main gaps

What mechanisms are in place to ensure your

ƒ

Ad hoc regional meetings (and information spread via the intranet) for consular contingency plans, whereby consulates can share experiences and best management practices between the overseas posts.

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Consular contingent plans are shared between overseas posts.

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DFATs consular network extends to some 160 points of service around the world. Overseas posts are usually located in capital cities but there are also some in regional centres. Sometimes the head of an Australian consulate will be an Honorary Consul who maybe a citizen of anther country. Not all countries have an Australian diplomatic or consular post but there is usually an Australian post in the region. Under a consular agreement with Canada there are a number of locations where Australians have access to consular services through embassies and high commissions managed by the Canadian Government. Informal arrangements also exist with other consular services including those of the UK and the US to lend assistance to Australians in need.

ƒ

In some parts of the world, such as the countries of the former Soviet Union, in Latin America and Africa, Australia has limited resident diplomatic or consular representation.1

ƒ

See above box

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DFAT has 24-hour Consular Emergence Centre in Canberra, which provides 6

1

Based on ANAO-reports

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AUSTRALIA ISSUE nationals’ access to consular services where there are gaps in your consular network, e.g.: ƒ

Arrangements for joint working and/or cooperation with other nations

ƒ

Use of nongovernmental organisations

ƒ

Other? (Please specify)

Does your organisation provide consular assistance for other states’ nationals in countries where they are not represented?

INFORMATION AVAILABLE emergence consular services all day, every day right around the world.

SOURCE

ƒ

Centre is accessible on a free call or reverse charge basis from many countries around the world. Australians can be automatically connected to the Consular Emergency Centre in Canberra by telephoning the Australian embassy, high commission or consulate in the country they are visiting. The Centre is also an advisory line for concerned family members in Australia.

ƒ

There is increased consular sharing with Canada. The agreement with Canada is Australia’s only formal sharing agreement, with the United Kingdom, New Zealand and the United States of America providing consular services to Australian citizens on an informal basis (ANAO).

ƒ

Special ‘one-off’ arrangements with Germany and Sweden to provide consular services in Libya and North Korea (ANAO).

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Considering pursuing sharing agreements with Germany and the Scandinavian countries, the latter having some representation in areas of the former Soviet Union whether Australia, Canada and New Zealand are not represented (ANAO).

ƒ

Reciprocal sharing agreement with Canada whereby Australian consulates provide Interview (Rod Smith, DFAT, 30 consular services for Canadian nationals in 20 countries/territories. In addition March 2005). Canada’s consular services may provide consular services to Australian citizens in 21 countries.

ƒ

Consular assistance is also provided on a best-endeavour basis between 5 nations – NZ, UK, Australia, Canada, and USA.

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AUSTRALIA ISSUE

INFORMATION AVAILABLE

SOURCE

FINANCE AND FUNDING Budget available for consular services, i.e. total costs of consular services (latest financial year).

Prices of departmental outputs by outcome:

DFAT. Annual Report 2003-2004. Outcome 2: Australians informed about and provided access to consular and passports Commonwealth of Australia. services in Australia and overseas. 2002-2003 (Actual: $’000) 137 034 2003-2004 (Actual: $’000) 150 534 The ANAO report indicates "Total budget: 39 million AUS $ (2000-2001), i.e. about 1770$ for each client requiring substantial consular assistance, or approximately $11 for each Australian travelling abroad each year This is difficult to obtain, since the costs of consular services are not differentiated between Australia and overseas posts (Interview (Rod Smith, DFAT, 30 March 2005). ƒ

Receive central Government funding for the provision of consular services

ƒ

Partly funded via passport application fees

ƒ

Other negligible sources (e.g. advertising in consular publications)

Policy regarding charging of recipients of services:

ƒ

There are no charges for any services, except for notarial services.

ƒ

Fees are charged for passports

Criteria for charging recipients (e.g. full cost recovery?)

ƒ

Australian citizens can also access traveller’s emergency loans (e.g. funding for emergency medical evacuations or repatriations), however these must be repaid otherwise there is recovery action, which could entail withholding the renewal of passport, confiscation of passports (this will be easier from July 20050), or decline of further loans in the future. Loans remain interest free at all times.

Sources of funding of consular services

Type and amount of fee charged

8

Interview (Rod Smith, DFAT, 30 March 2005). Interview (Rod Smith, DFAT, 30 March 2005).

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INFORMATION AVAILABLE

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TRAVEL ADVICE Number of countries covered by advice Most notable exceptions Frequency of reviewing/updating travel advice ƒ

Formal procedure or target

ƒ

Actual number of revisions (year for which most recent data are available)

Issues covered in travel advice Actual developments

ƒ ƒ

218 country-specific travel advisories

http://www.smarttraveller.gov.au/z Currently approximately 150 countries covering all destinations, particularly w-cgi/view/Advice/ frequently visited countries by Australian citizens.

See above DFAT. Annual Report 2003-2004. Commonwealth of Australia.

ƒ

General advice for travellers on world-risks to Australians overseas

ƒ

Travel advisories fall into seven broad categories which reflect overall assessment www.smarttraveller.gov.au of the security situation

ƒ

Event or issue specific Travel Bulletins

ƒ

Countries for which we advise against ALL travel and NON-ESSENTIAL travel

ƒ

2003-04: 527 travel advice notices issued for 144 destinations, providing Australians with up-to-date advice on security and related conditions at overseas destinations. I.e. Included advisories for a number of countries where the security risk is low but where there is a high volume of travel by Australians.

ƒ

2002-03: 593 travel advice notices issued

ƒ

During 2003-04 over 145 high-profile consular cases and upgraded travel advice. A number of travel advisories were updated on several occasions because of changing security environments, including Indonesia (14 issues), Saudi Arabia (10 issues), Philippines (8 issues) and Iraq (8 Issues).

ƒ

DFAT consular emergency centre operates 24 hours a day everyday, hence network of mission overseas gives round-the-clock coverage of security and related developments around the world. Travel advice is updated promptly in response to these developments. As a general rule, even when there is no new information, each travel advisory is reviewed on a quarterly basis and reissued.

See Table 9 in Volume II ƒ

Travel advice promoted via a 4-yr, AU$9.7M public information campaign, DFAT. Annual Report 2003-2004. 9

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AUSTRALIA ISSUE regarding the formulation of travel advice, e.g. cooperation with other countries to harmonise travel advice?

INFORMATION AVAILABLE SOURCE Smartraveller was launched Sept 2003 (www.smartraveller.gov.au). The Internet is Commonwealth of Australia. the most popular method for accessing travel advice. 164 0000 web page-views per week and over 42 000 e-mail subscribes to travel advice updates. A smartraveller 24 hours per day telephone service registered an average 3000 calls a month to ensure travel advisories were accessible to those without Internet access. ƒ

Government-Industry Charter for safe travel, extends to over 1150 industry participants

ƒ

Establishment of Smartraveller Consultative Committee

ƒ

Passports can be issued (or renewed) at all overseas diplomatic and consular http://www.passports.gov.au/Web/n missions (Over 90 issuing posts overseas1) ewppt/overseas/index.aspx

ƒ

Information about the passport issuing process and requirements is via the 1 Passports Australia. 2002. 20012002 Achievements and challenges. Australian Passport Information service and the passports website. Applicants can be sent a form in the post, or it can be made available for collection DFAT, Canberra.

ISSUING OF PASSPORTS Procedure for issuing of passports at Posts overseas: ƒ

ƒ

Facilities for issuing passports at overseas posts (all, some, or no posts) Recent changes in the procedures (if any)

ƒ

from the mission from which the form was requested. Alternatively applicants can complete and print a renewal form via the passports website. ƒ

The following information must be provided with the application form: documents confirming Australian citizenship and your identity, change of name (inc. marriage, children). Applications must include the applicant’s signature, 2 photographs; guarantor of applicant; fee.

ƒ

Obtaining a passport: (1) Application; (2) Interview (overseas post) (3) payment of fees (4) Scanning/data validation: passport offices; (5) confirmation of eligibility: passport offices (6) document preparation: passport offices; (7) Document dispatch

ƒ

Introduced the M series passport in Dec 2003, which incorporates state-of-the-art security features.

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Introduction of new passport forms designed to strengthen the proof-of-identity requirements

ƒ

Recently advanced new facial biometric technology to support identity verification 10

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Duration for handling passport applications (regular procedure):

INFORMATION AVAILABLE in passport issuing processes.

SOURCE

ƒ

With $3M funding 2003-04 DFAT improved matching rates for identity verification and fraud control and produced a prototype biometrically enable Australian passport.

ƒ

Introduced interactive online services to provide improved and continuous access to passport services. For example, users can complete and download an application form and get information about the status of an application. Other online services include the ability to report a lost or stolen passport and to pay priority-processing fees.

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Passport production has been centralised with the introduction of the new M series passport in December 2003. Applications from posts in Asia and Pacific processed in Canberra, production centres in Washington & London.

ƒ

The national average turnaround time was 6.45 (not including postage time)

ƒ

Passports Australia. 2002. 2001Turn around time (days) in 2001-02 varied from Perth 4.6; Hobart 8.21; Sydney 2002 Achievements and challenges. 8.15; Melbourne 4.33; Brisbane 7.43; Darwin 6.32; Canberra 7.50; Newcastle 5.61. DFAT, Canberra. 1 1 DFAT. Annual Report 2003-2004. Turnaround times 2002-03: 6.7 days Commonwealth of Australia. 1 Turnaround times 2003-04: 9.4 days

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Turnaround time target (days)

ƒ

ƒ

Indicated turnaround time (e.g. on website)

ƒ

ƒ

Actual average turnaround time

2003-04: 173 893 used the priority processing service to ensure their passport is issued in 48-hour timeframe, compared to 112 525 in 2002-03. Of these 651 refunded on compassionate grounds and 197 because 48-hour standard was not met.

ƒ

Variation among posts (if any) e.g. if some posts remit passport applications elsewhere for processing?

ƒ

Passports lost/stolen:

ƒ

2003-04: 33 954 2002-03: 32 479 ƒ

Passport fraud cases

2003-04: 319 2002-03: 535

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INFORMATION AVAILABLE ƒ

SOURCE

Number of travel documents (passports, documents of identity, certificates of identity, convention travel documents) issued, including urgent issues

2003-04: 1 086 366 2002-03: 906 049 ƒ

Number of passport inquiries handled by the Australian Passport Information Service

2003-04: 1 496 907 2002-03: 1 123 133 Procedures regarding emergency travel documentation

ƒ

Emergency passports introduced December 2003 to meet the needs of those who DFAT. Annual Report 2003-2004. could not wait the ten days customary processing period to receive a new passport. Commonwealth of Australia.

ƒ

All overseas offices can issue emergency passports. Emergency passports have Interview (Rod Smith, DFAT, 30 fewer pages and are only valid for one year. Interview (Rod Smith, DFAT, 30 March 2005). March 2005).

What is the policy regarding incomplete applications?

ƒ

Passport applications that are received by post are sent back to applicants if Interview (Rod Smith, DFAT, 30 incomplete March 2005).

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People can get assistance if passport applications are in person via consular offices or post offices.

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Not sure whether charge for unsuccessful or withdrawn passport applications

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Biometric programme - issuing of biometric passport to begin October 2005

Future plans regarding issuing passports, for example plans regarding use of biometrics. If yes, to what extent will overseas posts be involved in issuing such passports?

ƒ

ƒ

Passports Australia. 2002. 2001For security and efficiency reasons full validity passports (i.e. except emergency 2002 Achievements and challenges. passports) are physically produced centrally in Australian offices, London and DFAT, Canberra. DFAT. Annual Report 2003-2004. Washington (although the applications can be made in any overseas posts). Review present arrangement for overseas posts to issue travel documentation to Commonwealth of Australia. assess whether a regionalised approach to personalisation might be more cost effective while maintaining client service levels

ƒ

Evaluate tenders and appoint service providers for the implementation and

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AUSTRALIA ISSUE

INFORMATION AVAILABLE management of new online services

SOURCE

ƒ

Implement electronic load-balancing between passport offices to allow applications to be electronically transferred in bulk between passport offices

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Introduce a content management system in 2004-05 to manage the regular update of passport online information, and an online passport renewal service.

ASSISTANCE TO DISTRESSED NATIONALS Basis for delivering these services: ƒ

Primary legislation/consular law?

ƒ

Published charter?

ƒ

Internal manual/guidance?

Overview of types of services delivered. Criteria to be eligible for these services

Are standards of consular service deliberately varied from country to country because some countries are

ƒ

No particular governing legislation. However there is the consular services charter, Interview (Rod Smith, DFAT, 30 a consular handbook, and the Vienna consular on consular services which sets out March 2005). the rights and responsibilities of the government to protection nationals.

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Vienna Convention on Consular relations – outlines the rights and responsibilities of governments to give consular assistance to protect nationals.

See Table 11 in Volume I ƒ

Consular services are provided to non-nationals who are long-term residents in your Interview (Rod Smith, DFAT, 30 country, but not financial assistance. March 2005).

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Consular services are provided to dual nationals in the country of their second nationality, but only where that country recognises dual nationality. E.g. two exceptions are china and Vietnam, however in this case separate bilateral agreements have been made.

ƒ

National are always helped regardless of negligence etc the national is.

Standards of consular services are varied between countries. Overall the level of consular Interview (Rod Smith, DFAT, 30 service given is given on a case-by-case basis and on sensible practice. March 2005).

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AUSTRALIA ISSUE more difficult and higher risk for distressed nationals than others? If so how is this done?

INFORMATION AVAILABLE

SOURCE

DISTRESSED NATIONALS – PRISONERS Procedures regarding services offered to prisoners by posts ƒ

Formal standards for when/how often/by whom prisoners are visited

ƒ

Actual situation: standards met by all, some, none of the posts?

ƒ

Any regional variation in type of services offered, to reflect differing local circumstances or risks?

Types of services offered ƒ

Ensure that the UN Standard Minimum Rules for Treatment of Prisoners are met (incl. rules on food, living circumstances, medical treatment, prohibition of corporal

ƒ

Services offered to prisoners e.g. frequency of prison visits is likely to be less in those countries with relatively good facilities. Overall this is likely to be on a caseby-case basis. Interview (Rod Smith, DFAT, 30 March 2005).

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If you are a dual national in the country of your other nationality the assistance that Australian consular representatives can give maybe limited. I.e. if you also possess the nationality of the country in which you have been detained or arrested, the Consul’s ability to restrict you maybe restricted in accordance with a strict interpretation of International Law (it is possible that the local authorities will allow the consul to assist you).

If you are arrested the Consul can: ƒ

General information about the legal system of the country arrested in, including legal aid (if possible) and prosecution, remand, bail and appeal procedures

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Give you a list of lawyers (but not legal advice)

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Arrange for next-of-kin to be notified of arrest

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Assist you to make arrangements to receive funds from family and maintaining contact with them regarding welfare

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Approach local authorities to request basic needs are met or object if you are being treated less favourable than local citizens for similar offence, or if subjected to

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AUSTRALIA ISSUE punishments, etc.) ƒ

Additional services offered:

INFORMATION AVAILABLE cruel/degrading treatment.

SOURCE

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Take up complaints about ill treatment or discrimination with prison or police authorities

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financial assistance?,

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Information about local prison system e.g. visiting arrangements, mail, censorship, privileges and social and welfare services

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legal assistance?

ƒ

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welfare e.g. mail delivery, vitamins, cigarettes?

Arrange a loan from Australian Government if you are destitute or require medical attention, food, and other essentials (e.g. clothing, soap) and not provided by the prison and if your family/friends are unable to provide financial assistance. Arrangements must be made for the repayment of the loan, which take effect after your release from prison. You are not entitled to Medicare provision if you are overseas.

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others? (Please specify).

ƒ

Attend your trial in court as an observer if approved by local authorities

In the longer term the Consul can: ƒ

Provide counselling for your family, visits, check welfare of family, assist you to change lawyer, assist in baking or other arrangements (e.g. transferring money to prisoners), give you info about possible transfer to Australia prison if subject to a term of imprisonment (prisoners subject to a minimum period in sentencing country before eligible for transfer)

International Transfer of Prisoners scheme ƒ

Provides basis for transfers between Australia and 52 countries

ƒ

Can’t be transferred unless you have been sentenced to a term of imprisonment and all avenues of appeal have been finalised.

Other ƒ

Help relatives make arrangements to visit prisoner, and help in relation to what relatives may take to the prisoner (e.g. parcels).

DISTRESSED NATIONALS REQUIRING ACUTE MEDICAL TREATMENT/HOSPITALISATION Services offered to patients

Services offered to patients will vary and are tailored to individual circumstances. Interview (Rod Smith, DFAT, 30 15

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AUSTRALIA ISSUE ƒ

Formal standards for when/how often patients are visited

ƒ

Actual situation: standards met by all, some, none of the posts?

ƒ

Regional variation (if any)

Repatriation of ill or dead nationals ƒ

ƒ ƒ

ƒ

INFORMATION AVAILABLE Factors considered include family assistance, quality of hospital care etc.

ƒ

Through the provisions of International Law, nearest Australian mission should be notified of death (if a tour co or friend notifies us then this info is double-checked with local police), who then contact the State or Federal Police are contacted in Australia, who will visit next-of-kin and pass their contact details on to consulate.

Putting parties in touch with specialist companies (e.g. medevac/funeral directors).

ƒ

If a citizen dies overseas the next-of-kin will be consulted about the deceased wishes (sometimes these depend on local regulations and conditions).

ƒ

More active assistance in country

Provide a list of funeral directors (and ensure they are aware of Australian regulations)

ƒ

Provide a list of local lawyers

ƒ

Help with translations if English-speaking firm not available

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Advise on the cost of local burial, local cremation, or transport of the remains back to Australia and local property

ƒ

Advise on how to transfer funds, local knowledge (e.g. health regulations)

ƒ

If necessary, help identify the remains, registering the death, managing media enquiries.

Financial assistance with repatriation: if so, in which circumstances? Reception arrangements in the home country. Are these provided by the foreign ministry, the voluntary sector or other government bodies?

SOURCE March 2005).

DISTRESSED NATIONALS - FORCED MARRIAGES AND CHILD ABDUCTIONS Is there a policy to intervene

No policy per se. Where a forced marriage is suspected this will be dealt on a case-by- Interview (Rod Smith, DFAT, 30 16

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AUSTRALIA ISSUE overseas when a forced marriage is suspected? If yes, what type of intervention?

INFORMATION AVAILABLE SOURCE case basis. Consulate services would not get involved in court proceeding but would March 2005). voice concern to local authorities. Intervention is likely to be political intervention.

Is there a programme or preventative work in the home country to deter forced marriages?

Australian consulate services have active programs with different community groups Interview (Rod Smith, DFAT, 30 (such as middle east). Outreach initiatives include community meetings, media, foreign March 2005). radio and newspapers, and publications.

Is there a policy to intervene overseas when child abduction is suspected? If yes, what type of intervention?

Generally handled on case-by-case basis. The Hague Convention.

Interview (Rod Smith, DFAT, 30 March 2005).

OTHER FORMS OF ASSISTANCE TO DISTRESSED NATIONALS Financial assistance ƒ

Eligibility for financial assistance

ƒ

Type of assistance (loan, grant)

Information on local laws, etc., e.g.: ƒ

Advise on purchasing property

ƒ

Advice on tax regimes

ƒ

Advise on pension rights

Consulate services provide small loans (e.g. if robbed etc). However for larger loans Interview (Rod Smith, DFAT, 30 nationals will generally have to show that family/friends cannot assist. Nationals are March 2005). required to pay back money (which is always interest-free). Recovery action may include withhold renewal of passports, confiscation of passports (this will be easier from July 20050), or decline of further loans in the future. Travel advisories may include information for countries with particular problems, Interview (Rod Smith, DFAT, 30 however this is pretty difficult given that in some countries tax regimes change relatively March 2005). frequently.

MAJOR CRISES OR MASS EVENTS Office(s) responsible for consular assistance in major

ƒ

DFAT manages responses to crisis through its Emergence Task Force, an Inter- DFAT. Annual Report 2003-2004. departmental Emergence Task Force (IDETF) and the departments Crisis Centre. Commonwealth of Australia. 17

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AUSTRALIA ISSUE crises or mass events

INFORMATION AVAILABLE

SOURCE

ƒ

IDETF tested in August 2003 for hostage-training exercise to ensure staff prepared for future crisis events

ƒ

Number of unexpected events of crisis handled by DFAT 2002-03: 39 2003-04: 26

ƒ

Number of associated departmental Emergency Task Force and Interdepartmental Emergency Task Force meetings held 2002-03: 129 2003-04: 6

ƒ

Duration of Crisis Centre operations 2002-03: 39 days 2003-04: 5 days

Deployment of staff

Information provision ƒ

ƒ

Telephone hotline in the home country: staffed 24-hours or not IT – i.e. fully operational casualty logging system

Specific actions to assist

ƒ

DFAT has an Emergency Response Team on roster (rather than on stand-by per se) Interview (Rod Smith, DFAT, 30 at all times in case of a major event. March 2005).

ƒ

The interdepartmental task force will meet in the case of a major crisis and review whether to send an EST and the composition of the team.

ƒ

Since different agencies of government also will make up ERT the type of staff vary, including consular offices, media offices, staff councillors, technical staff, policy, defence and medical etc.

ƒ

Australians within Australia have free call access to assistance 24 hours a day 7 DFAT. Annual Report 2003-2004. days per week. Commonwealth of Australia.

ƒ

Outside the opening hours of their nearest consular post, Australians overseas have free-call of reverse charge access to assistance from our 24-hour Consular Emergency Centre in Canberra or to local consular duty officers.

In the last two major crisis and events involving a relatively high proportion of Interview (Rod Smith, DFAT, 30 18

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AUSTRALIA ISSUE repatriation of ill or dead nationals in event of major crises).

INFORMATION AVAILABLE SOURCE Australians, the Bali bombings and Boxing Day tsunami the Government covered March 2005). repatriation costs of injured and dead nationals. No defined charging policy – case-by-case basis

ADDITIONAL INFORMATION Information on client satisfaction (e.g. surveys)

Results of client satisfaction surveys conducted in the 9 Australian offices 2001-02. The Passports Australia. 2002. 2001good/very good rating ranged from 84.1& in Adelaide to 97.4% in Brisbane, the average 2002 Achievements and challenges. overall being 93.9%. DFAT, Canberra. ƒ

1

Impact of Smartraveller campaign:

88% respondents satisfied with information provided on smartraveller.go.au website

1, 2

DFAT. Annual Report 20032004. Commonwealth of Australia.

60-80% intended to access travel advice during the year (270 000 website views per week 2003-04) 40-55% smartraveller.go.au was best source of up-to-date information on their overseas destination 92% smartraveller.go.au advertisements contained useful information 90% travel agents reported they encourages customers to access travel advice ƒ Have you developed IT-based systems to record and to progress consular assistance cases?

2

91.7% of all customers surveyed were satisfied with the quality of passport services

Case Management Systems support the management of consular cases and the arrangements to collect consular caseload and other information. E.g. enables staff to record and retrieve case information easily, monitor the progress of cases closely and share case information quickly between posts and the consular branch where it is necessary. DFAT existing case management systems have limitations. Locally developed systems at overseas posts do not adequately support case actioning and monitoring. The DFAT cable system does not provide real-time information sharing across the consular network and the Consular Branch database system has limitations as a case management tool. DFAT does not have a common system to collect performance data across the consular network. Local data collection systems are resource intensive and do not capture comprehensive case information. This hampers effective performance 19

DFAT. 2001. Audit Report – Administration of Consular Services. Commonwealth of Australia.

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INFORMATION AVAILABLE SOURCE management of consular services. DFAT is developing a new CMIS which has the potential to record comprehensive case details, assist effective monitoring of case progress and provide responsive communication across the consular network. The new system provides opportunity to automatically capture consular caseload and other performance information and thereby enable more effective performance management of consular operations.

Voting services

In consultation with Australian Electoral Commission DFAT have set in new arrangements for providing voting services overseas for federal elections, including through early provision of ballot papers electronically to overseas missions.

POPULATION SERVED Estimated number of citizens living abroad

0.8 million 1999 - 2000

DFAT. 2001. Audit Report – Administration of Consular Services. Commonwealth of Australia.

Estimated number of citizens travelling abroad

1999-00: 3 417 140

DFAT. Annual Report 2003-2004. Commonwealth of Australia.

2000-01: 3 670 260 2001-02: 3 459 970 2002-03: 3 379 500 2003-04: 4 021 230

Number of requests for consular assistance

Nearly 13,000 Australians received direct consular assistance in 2003-04 Australians given general welfare and guidance: 1999-00: 16 085 2000-01: 16 975 2001-02: 19 914 2002-03: 10 129

20

DFAT. Annual Report 2003-2004. Commonwealth of Australia.

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AUSTRALIA ISSUE

INFORMATION AVAILABLE

SOURCE

2003-04: 9 478 Consular cases - inquiries about actual cases and do not include general enquiries on non-case related consular matters (e.g. travel advice, reported under public enquiries). 2003-04 12 946 2002-03 19 196 Number of citizens died abroad

Every day on average 2 Australians died overseas (2003-04) 604 (1999 – 2000)

2

DFAT. Annual Report 2003-2004. Commonwealth of Australia. 2

DFAT. 2001. Audit Report – Administration of Consular Services. Commonwealth of Australia. Number of citizens hospitalised abroad

Every day on average 2 Australians were hospitalised overseas (2003-04) (many DFAT. Annual Report 2003-2004. requiring evacuation to Australia for treatment) Commonwealth of Australia. Hospitalised Australians given general welfare and guidance: 1999-00: 656 2000-01: 766 2001-02: 722 2002-03: 864 2003-04: 666

Number of citizens detained or imprisoned abroad

Australians arrested overseas

DFAT. Annual Report 2003-2004. Commonwealth of Australia.

1999-00: 453 2000-01: 568 2001-02: 649 2002-03: 649 2003-04: 728

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AUSTRALIA ISSUE

INFORMATION AVAILABLE

SOURCE

Australians in prison overseas (as at 30 June) 1999-00: 155 2000-01: 208 2001-02: 180 2002-03: 184 2003-04: 215 Number of medical evacuation cases

Australians evacuated to another location for medical purposes: 1999-00: 103 2000-01: 138 2001-02: 116 2002-03: 203 2003-04: 81

Number of passport applications by citizens abroad

Approx 7% of the total or 68 687 passports were issued by Australian diplomatic and Passports Australia. 2002. 2001consular services missions overseas. Travel document types issued overseas: Ordinary 61 2002 Achievements and challenges. 590; Business 6 394; Official 46; Diplomatic 220; Document of identity 436; UN Travel DFAT, Canberra. document 1; Certificate of Identity 0. The Mission issuing the highest number of passports were London (14 564), Hong Kong (6 902), Auckland (2 818), Athens (2 539) and Washington (2 017).

Number of traveller emergency loans

Issued on a case-by-case basis

DFAT. Annual Report 2003-2004. Commonwealth of Australia.

1999-00: 775 2000-01: 738 2001-02: 739 2002-03: 610 2003-04: 454 (AU$233 150)

22

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AUSTRALIA ISSUE

INFORMATION AVAILABLE

SOURCE

Success of debt recovery activities 2003-04: $76 333 2002-03: $104 051 Number of whereabouts cases

Inquiries made about Australians overseas who could not be contacted by their next of DFAT. Annual Report 2003-2004. Commonwealth of Australia. kin: 2

1999-00: 604

DFAT. 2001. Audit Report – Administration of Consular Services. Commonwealth of Australia.

2000-01: 547 2001-02: 639 2002-03: 681 2003-04: 547 1850 (1999-2000) 2 Number of repatriation cases

Australian’s having difficulty arranging their own return to Australia given guidance and DFAT. 2001. Audit Report – Administration of Consular assistance. Services. 60 (1999-2000)

Number of public inquiries

Inquiries on non-case-related matters made at overseas posts and through the 1300 and DFAT. Annual Report 2003-2004. 1800 call numbers in Australia Commonwealth of Australia. 2003-4: 363 952 2002-03: 430 349

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FRANCE ISSUES

INFORMATION AVAILABLE

SOURCE

ORGANISATIONAL SETTING National office responsible for consular services, and its position within government

Ministry of Foreign Affairs (MFA)

http://www.diplomatie.fr/

Maison des Français de l’étranger (MFE – in service of MFA)

MFA Annual Report 2003: http://www.diplomatie.fr/mae/rappo rt2003/RAM2003gb.pdf & “Le Livret Du Français A L’Étranger” 15eme ed. Maison des Français de l’Étranger - Ministère des Affaires Etrangères ISBN 2-11-093586-3

Directorate for French Nationals Abroad and Foreign Nationals in France (DFAE)

http://www.expatries.org/Contact_ mfe/contact.htm Form of the consular network: ƒ

ƒ

types of posts (e.g. embassies, consulates, honorary consulates) number of posts per type

Number of staff delivering

At 11 March 2005:

http://www.mfe.org rubrique annuaires

Diplomatic, consular and cultural network: ƒ

Embassies 184

ƒ

Permanent missions 24

ƒ

Consulates 16

ƒ

Consulates general 84

ƒ

Consular agencies 486

ƒ

Honorary Consulate General 1

ƒ

Consulate Section 25

ƒ

Detached Minister of Justice (Chancellerie Détachée) 2

ƒ

Antenne Consulaire 4

ƒ

Section des Intérêts Français 1

ƒ

Services Consulaires 2

MFA personnel in diplomatic and consular services

24

Figures for 2003 in MFA Annual Report 2003:

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International review of consular services

FRANCE ISSUES consular services: ƒ

in national base office

ƒ

at overseas posts (including locally engaged staff)

INFORMATION AVAILABLE

SOURCE http://www.diplomatie.fr/mae/rappo rt2003/RAM2003gb.pdf and in http://www.diplomatie.gouv.fr/actu/ article.asp?ART=40954

2004: 4 186 2003: 4,201 2004: DFAE employs 528 agents from 956 located in [MFA services located in] Nantes 2003: The DFAE employs 667 staff members in the central administration (204 in Paris and 463 in Nantes). Over 2 000 staff, tenured or under local contract, work in the 236 embassy and consular sections. [The DFAE differs from the MFA in that it deals mostly with particular cases concerning private individuals]

Are there dedicated training courses in consular services, available to all consular staff? Are there other ways in which you spread good practice in consular work?

On taking up their posts, Ambassadors and Consulate officials receive training. Team http://www.diplomatie.gouv.fr/mae/ training requires improvement. pdf/rapport_igae_2004.pdf

Degree of global coverage of the consular network

Represented in 190 Countries (March 2005)

What mechanisms are in place to ensure your nationals’ access to consular services where there are gaps in your consular network?

The Ministry of Foreign Affairs has relies on the WWW for the diplomatic and consular MFA Annual Report 2003: network. It now covers nearly all its locations and enables pooling of equipment and http://www.diplomatie.fr/mae/rappo information. rt2003/RAM2003gb.pdf

Does your organisation provide consular assistance for other states’ nationals in countries where they are not represented?

There is an established exchange of officials between the French and German foreign MFA Annual Report 2003: ministries and regular temporary exchanges of French and German embassy staff within http://www.diplomatie.fr/mae/rappo the diplomatic and consular networks. rt2003/RAM2003gb.pdf

All personnel are trained internally at the IFAC (Institut de Formation à l’Administration Interview with Françoise Le Bihan Consulaire) and follow training courses at Nantes and Paris for sensitisation for the job, – 04 April 2005 and to be taught about the tools they can use to help French nationals. http://www.expatries.diplomatie.fr/ annuaires

Six honorary consuls act in the service of both France and Germany. They are in Australia (2), Panama (2), Bulgaria (1) and New Guinea (1).

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FRANCE ISSUES

INFORMATION AVAILABLE

SOURCE

Since 1 January 2004, registry work for all French citizens resident in Belgium is performed solely by the consulate-general in Brussels. FINANCE AND FUNDING Budget available for consular services, i.e. total costs of consular services (latest financial year).

2004 budget of the MFA €4.4 billion - 1.58 % of total State budget

Sources of funding of consular services

Funding comes exclusively from (and goes to) the State Budget, with no exceptions.

Policy regarding charging of recipients of services:

There are set tariffs and prices for different services, with differences for French “Le Livret Du Français A L’Étranger” 15eme ed. Maison des nationals and foreigners. Français de l’Étranger - Ministère ƒ Passports (same as in France): 60 euros des Affaires Etrangères ISBN 2-11ƒ ID Card free since 1999 093586-3 ƒ Laissez-passer for French Nationals: 23 euros / for foreigners: 46 euros

ƒ

ƒ

Criteria for charging recipients (e.g. full cost recovery?) Type and amount of fee charged

2003 budget €4.1 billion

http://www.diplomatie.gouv.fr/mae/ rapport_igae_2004/

(1.5 % of total State budget) 2003 Budget for MFA Programme “French nationals abroad and foreign nationals in MFA Annual Report 2003: http://www.diplomatie.fr/mae/rappo France” was 566 M€. rt2003/RAM2003gb.pdf The DFAE manages the consular agencies and the subsidies granted to them (€1 068 980 in 2003).

ƒ ƒ

Interview with Françoise Le Bihan – 04 April 2005

Legalisation of documents : 9 euros for French national / 18 euros for a foreigner Interview with Françoise Le Bihan (N.B. legalisation and translation of civil acts regarding their transcription are free) – 04 April 2005 Translations : 9 euros per page for French national / 14 euros for a foreigner.

Reciprocity agreements between different countries may influence pricing. Consulates can authenticate signatures for the legalisation of documents, and legalise documents themselves. Consulates abroad are not, however, under any obligation to do so, and can demand that documents are legalised by their diplomatic counterparts in Paris.

26

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FRANCE ISSUES

INFORMATION AVAILABLE

SOURCE

182

Interview with Françoise Le Bihan – 04 April 2005

TRAVEL ADVICE Number of countries covered by advice Most notable exceptions Frequency of reviewing/updating travel advice ƒ

Aim to update every two months, although in reality it is every three months.

Interview with Françoise Le Bihan Exception: a major event of some sort, in which case specific consular posts can advise – 04 April 2005 on this and request that information is updated.

Formal procedure or target

ƒ

Actual number of revisions (year for which most recent data are available) Issues covered in travel See Table 9 in Volume I advice Actual developments regarding the formulation of travel advice, e.g. cooperation with other countries to harmonise travel advice?

France tries to encourage local consular posts to harmonise advice in situ, however this Interview with Françoise Le Bihan varies from region to region. Some lack the means to harmonise: for instance, demands – 04 April 2005 for consular services may be centralized, which may complicate matters and reduce ability to systematically respond within 24 hrs. Have good bilateral agreements with some countries (particularly France-Germany) that contribute to harmonization.

ISSUING OF PASSPORTS Procedure for issuing of passports at Posts overseas: ƒ

Facilities for issuing passports at overseas posts (all, some, or no

800 passports are issued daily

MFA Annual Report 2003: Requests are registered by computer, and the passports are either made in France or in http://www.diplomatie.fr/mae/rappo rt2003/RAM2003gb.pdf one of the regional offices (New York, Montreal, London, Geneva and Brussels). Since 01 October 2003, the diplomatic and consular posts deliver machine-readable http://www.diplomatie.fr/etrangers/ vivre/passeport/index.html passports. 27

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FRANCE ISSUES posts) ƒ

Recent changes in the procedures (if any)

INFORMATION AVAILABLE

SOURCE

Since October 2004, US requirement that all French Citizens require machine-readable Interview with Françoise Le Bihan passport for entry without visa. – 04 April 2005

Duration for handling passport applications (regular procedure)

The aim is to issue a passport between 15 days and 3 weeks.

Procedures regarding emergency travel documentation

In Emergencies, Consulates can issue a laissez-passer, valid only for return to place of “Le Livret Du Français A origin in France or abroad, by the most direct route only. L’Étranger” 15eme ed.

http://www.diplomatie.fr/etrangers/ However, the delivery delay of the new machine-readable passports is not known. A vivre/passeport/index.html delay of 4 weeks is foreseen, maybe more. “Le Livret Du Français A The turnaround can also vary according to post and transportation delays, including L’Étranger” 15eme ed. Maison des Français de l’Étranger - Ministère when diplomatic bags are scheduled. des Affaires Etrangères ISBN 2-11The Consulate cannot issue a last minute passport (will issue laissez-passer for specific 093586-3 and direct travel to your place of origin in France or abroad) Interview with Françoise Le Bihan – 04 April 2005

In case of loss or theft, a non-readable passport legible with a validity of 6 months can be http://www.diplomatie.fr/voyageurs issued for 30 Euros. This passport will require obtaining a visa for countries requiring /etrangers/avis/conseils/savoir3.asp machine-readable passports. http://www.diplomatie.fr/etrangers/ vivre/passeport/index.html What is the policy regarding Only complete applications are accepted. Requests are registered at consular posts, with Interview with Françoise Le Bihan – 04 April 2005 incomplete applications? staff working with the client to register all necessary details. Income from withdrawn or unsuccessful applications is not currently calculated, although it will have to be in the future. Future plans regarding issuing passports, for example plans regarding use of biometrics. If yes, to what extent will overseas posts be involved in issuing such

Big efforts are being made regarding more secure passports. New passport are not yet Interview with Françoise Le Bihan biometric, but have numerical photographs (which can be ‘translated’ by computer) and – 04 April 2005 digital fingerprinting. Such passports will be made in France or in the regional offices mentioned.

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FRANCE ISSUES passports?

INFORMATION AVAILABLE

SOURCE

ASSISTANCE TO DISTRESSED NATIONALS Basis for delivering these services

Reference test: instructions at statutory level, with electronic support in the form of the Interview with Françoise Le Bihan intranet, which all consular posts have access to. – 04 April 2005 The diplomatie.gouv.fr travel advice websites inform French nationals on everything that a consulate can and cannot do.

Overview of types of services delivered. Are there targets for this work, such as the timescale within which distressed nationals should be contacted and offered assistance?

See Table 11 in Volume I

Criteria to be eligible for The Consulate cannot guarantee Consular protection if an individual has dual nationality “Le Livret Du Français A L’Étranger” 15eme ed. Maison des these services with the host country, unless the latter agrees with this. Protection and social assistance is only available for French nationals or those France is Français de l’Étranger - Ministère des Affaires Etrangères ISBN 2-11responsible for (according to EU directives or bilateral relations). 093586-3 In cases where a French national or his family has the means to help him, Consulates do not help them. However, they will help in desperate cases, for instance in proffering a Interview with Françoise Le Bihan – 04 April 2005 loan or putting people in contact with necessary people, but without paying the costs. Cases of repatriation are very rare, and only really involve indigents with absolutely no resources. They will help in specific crises (Cote d’Ivoire) or when they have to close their consulates. Are standards of consular In situations of crisis, consulates may be closed, then other measures are put in place to Interview with Françoise Le Bihan service deliberately varied assist French nationals. – 04 April 2005 from country to country? DISTRESSED NATIONALS - PRISONERS

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INFORMATION AVAILABLE

SOURCE

Procedures regarding services French citizens always have the right to demand communication with the Ambassador or “Le Livret Du Français A L’Étranger” 15eme ed. Maison des offered to prisoners by posts Consul. These will always ensure that himself, his staff and the imprisoned person’s family have Français de l’Étranger - Ministère des Affaires Etrangères ISBN 2-11visiting rights. He will also check imprisonment conditions and adherence to local law. 093586-3 The Consul may not intervene in the justice system to secure the release of a French citizen if they are implicated in a judicial matter or accused of a crime on the territory of the host country. Types of services offered ƒ

ƒ

Ensure that the UN Standard Minimum Rules for Treatment of Prisoners are met (incl. rules on food, living circumstances, medical treatment, prohibition of corporal punishments, etc.) Additional services offered

It is up to the family to financially support the prisoner, though the Ministry of Justice “Le Livret Du Français A L’Étranger” 15eme ed. Maison des can extend a grant. The Consul can recommend a lawyer, but this must be paid by the family. He can ask Français de l’Étranger - Ministère that proceedings be speeded up and will endeavour to attend trial hearings and, if des Affaires Etrangères ISBN 2-11093586-3 necessary, arrange for translation assistance. Following arrest, the Consul asks to visit and satisfies himself that local laws regarding http://www.diplomatie.fr/voyageurs /etrangers/avis/conseils/savoir3.asp rights of the prisoner material conditions, and access to medical care are being applied). If the detainee wishes, the Consul may visit him under local imprisonment rules, and can http://www.diplomatie.fr/voyageurs facilitate the delivery of money and of some personal effects from his family, as well as /etrangers/avis/conseils/savoir4i.asp medical treatment and medicines. The Consul only informs the detainee’s family if s/he wishes. He can provide a list of (pref. Francophone) lawyers.

DISTRESSED NATIONALS REQUIRING ACUTE MEDICAL TREATMENT/HOSPITALISATION Services offered to patients

Information on ill or hospitalised French nationals is not available.

30

Interview with Françoise Le Bihan – 04 April 2005

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FRANCE ISSUES

INFORMATION AVAILABLE

SOURCE

Repatriation of ill or dead nationals

The Consul is informed by local authorities in the case of serious accidents. He informs “Le Livret Du Français A the MFA and the family who decide on measures: hospitalisation or repatriation (paid by L’Étranger” 15eme ed. Maison des the family). The Consul will try to obtain medical and/or police records where necessary. Français de l’Étranger - Ministère des Affaires Etrangères ISBN 2-11The Consul can provide a list of doctors, to be paid for by the family. 093586-3 In the case of death, the Consul contacts the family to initiate legal proceedings for http://www.diplomatie.fr/voyageurs repatriation, if desired. This is paid for by the family or insurance company. /etrangers/avis/conseils/savoir3.asp If there are financial difficulties, the Consul can advise on means to get financial assistance. The Consul cannot repatriate at the cost of the State, except in cases of exceptional gravity and on condition of payment later.

DISTRESSED NATIONALS - FORCED MARRIAGES AND CHILD ABDUCTIONS Is there a policy to intervene overseas when a forced marriage is suspected? If yes, what type of intervention?

Yes. Advice is given on the website for measures to take if you suspect you are being http://www.diplomatie.fr/voyageurs forced into a marriage. The Consulate can give advice on your situation and may issue a /etrangers/avis/conseils/savoir4g.as laissez-passer if necessary. p

Is there a programme or preventative work in the home country to deter forced marriages?

Advice on website

http://www.diplomatie.fr

Is there a policy to intervene overseas when child abduction is suspected? If yes, what type of

Consulates are mainly involved when a citizen requests that a passport not be issued to a dual nationality child or spouse. They can also provide lists of (Francophone lawyers) and can be asked by the MFA to mediate with spouse. They can arrange visits to see the child if local law allows for it.

“Le Livret Du Français L’Étranger” 15eme ed.

Intervention by the Consulate may be limited if the person in question has dual [Responsibility of Mission Femmes Françaises à l’Etranger – MFFE -, nationality from the host country. ou la Sous-direction de la Sécurité et de la Protection des Personnes – SDP- du Ministère des Affaires Etrangères]

31

A

http://www.diplomatie.gouv.fr/fran cais/familles/enlevements/prevenir_

International review of consular services

RAND Europe

FRANCE ISSUES intervention?

INFORMATION AVAILABLE

SOURCE A French citizen can ask that the Consular Services of the country of origin of their 01.html spouse do not issue a child with a passport or write them onto the spouses’ passport if the http://www.diplomatie.gouv.fr/fran child has dual nationality cais/familles/enlevements/enleveme nt_01.html

OTHER FORMS OF ASSISTANCE TO DISTRESSED NATIONALS Financial assistance ƒ ƒ

The Consul will typically not provide financial assistance unless there is a guarantee of http://www.diplomatie.fr/voyageurs /etrangers/avis/conseils/savoir3.asp Eligibility for financial repayment, or in exceptional circumstances. assistance The Consular Network mediates the involvement of the Services responsible for Type of assistance (loan, Reciprocity Agreements that are specifically responsible for advising and supporting families, and engaging with foreign authorities in relation to illegal displacement of grant) children.

Information on local laws, [In Country Reports] etc.

http://www.diplomatie.fr

MAJOR CRISES OR MASS EVENTS Office(s) responsible for consular assistance in major crises or mass events

In a crisis situation, a “Cellule de Veille” (Watchdog Unit) is created. Reinforcements MFA Annual Report 2003: are sent to consular posts and volunteers with experience of consulates during crisis http://www.diplomatie.fr/mae/rappo periods are called on to help on an ad hoc. rt2003/RAM2003gb.pdf Responding to a crisis relies on solidarity between different consular services according Interview with Françoise Le Bihan to necessity. – 04 April 2005

Deployment of staff

In 2004, 33 consular personnel were sent to deal with the Tsunami.

Interview with Françoise Le Bihan In 2003, 150 volunteers were called in to deal with crises in Côte d’Ivoire (18), the – 04 April 2005 Central African Republic, the earthquake in Algeria and the SARS epidemic. The Watchdog Unit for the security of French nationals abroad team has a staff of eight. These teams accompany teams from other ministries, the Red Cross, SAMU etc. They can be sent on loan from other consular posts around the world.

Information provision

A 24-hour line is opened and is accessible from France or from abroad.

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INFORMATION AVAILABLE

SOURCE – 04 April 2005

Specific actions to assist repatriation of ill or dead nationals in event of major crises).

The Consul cannot repatriate at the cost of the State, except in cases of exceptional “Le Livret Du Français A L’Étranger” 15eme ed. Maison des gravity and on condition of payment later. Français de l’Étranger - Ministère des Affaires Etrangères ISBN 2-11093586-3

Are these services provided free or charged for? ADDITIONAL INFORMATION Information on client satisfaction (e.g. surveys)

There is no system in place yet although this is highly desirable.

Interview with Françoise Le Bihan – 04 April 2005

Have you developed IT-based systems to record and to progress consular assistance cases?

The trend is an increased use of electronic systems and a decline in paper-based Interview with Françoise Le Bihan operations. – 04 April 2005

POPULATION SERVED Estimated number of citizens living abroad

2004: 2,100,000

http://www.expatries.org/docs/Mon de_Regions.pdf

2003: 1,217,814

Interview with Françoise Le Bihan – 04 April 2005 Estimated number of citizens travelling abroad

About 10 Million

Interview with Françoise Le Bihan – 04 April 2005

Number of requests for consular assistance

2004: DFAE performs 1.3 million civil State acts yearly; 5000 requests per day

http://www.diplomatie.gouv.fr/mae/ pdf/rapport_igae_2004.pdf

Do you collect data on the number of:

Deaths between 1 May 2003 and 30 April 2004: 1553 April 2005: 1825 known cases of French imprisoned abroad (171 more than 2004).

http://www.diplomatie.fr/voyageurs /etrangers/avis/conseils/savoir4i.asp

2004: 47 Medical evacuations

MFA

ƒ

deaths registered

33

Annual

Report

2003:

International review of consular services

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FRANCE ISSUES overseas

INFORMATION AVAILABLE 2004: 461 indigents repatriated

ƒ

citizens hospitalised abroad

ƒ

citizens detained or imprisoned abroad

ƒ

medical evacuation cases

ƒ

passport applications by citizens abroad

ƒ

traveller emergency loans

680 French nationals traveling abroad were granted emergency aid allowances;

ƒ

whereabouts cases; and

45 repatriations for health reasons

ƒ

repatriation cases?

2004: 237.901 passports issued (half in Nantes, half in regional offices abroad) About 500 French nationals are detained every year (mainly drugs-related offences) 2003: 1 280 French nationals died abroad 1 572 French nationals were jailed abroad 572 destitute French nationals were repatriated;

34

SOURCE http://www.diplomatie.fr/mae/rappo rt2003/RAM2003gb.pdf Interview with Françoise Le Bihan – 04 April 2005

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International review of consular services

GERMANY ISSUES

INFORMATION AVAILABLE

SOURCE

ORGANISATIONAL SETTING National office responsible for consular services, and its position within government

Form of the consular network: ƒ

ƒ

types of posts (e.g. embassies, consulates, honorary consulates)

The Federal Foreign office is headed by the Federal Minister for Foreign Affairs, who is AA web site supported by two ministers of state in government tasks, and by two State Secretaries in directing the Foreign service as a whole. The Federal Minister for Foreign Affairs holds a prominent position within government, as he is also Vice Chancellor. In the past, several Chancellors also acted as Federal Minister for Foreign Affairs. ƒ

142 Embassies (responsible for one or more countries)

ƒ

57 Consulates-General and Consulates (responsible for a specific region rather than country)

ƒ

345 honorary consuls (unpaid representatives who act as local contact point. Entitled to perform some but not all consular services, but not obliged to be permanently present)

ƒ

▪6 other missions

number of posts per type

The Federal Republic’s 12 Permanent Missions to international organisations do not provide consular services Number of staff delivering consular services:

The Federal Foreign Service currently employs around 6700 regular staff

AA web site

▪ 2200 staff working at headquarters

ƒ

in national base office

▪ 4500 staff working abroad

ƒ

at overseas posts (including locally engaged staff)

Missions abroad also employ ▪ ca. 4800 locally employed staff (German and non-German)

(Total number of staff in person years?)

▪ ca. 1000 temporary seconded from other Federal Ministries, the Länder, the business community and other institutions Large embassies (e.g. Washington) may have more than 100 staff members, while in other countries the embassy may only have a staff of ten.

Are there dedicated training courses in consular services,

The Federal Foreign Service operates its own, dedicated academy. Training differentiates Interview between the higher and lower civil service, with a focus on consular law for higher

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GERMANY ISSUES available to all consular staff? Are there other ways in which you spread good practice?

INFORMATION AVAILABLE service staff.

Degree of global coverage of the consular network, including information on the main gaps

Although the Federal Republic of Germany currently has diplomatic relations with 191 AA web site countries, it operates only 144 embassies. This is possible because some ambassadors are accredited also to other countries where there is no German embassy

What mechanisms are in place to ensure your nationals’ access to consular services where there are gaps in your consular network, e.g.:

One ambassador can be accredited to several countries; for example, the German AA web site, interview embassy in Canberra does not only serve Australia, but also other regions, such as Papua New Guinea and the Solomon Islands. More locally, 345 volunteer honorary consuls act as a contact points.

ƒ

Arrangements for joint working and/or cooperation with other nations

ƒ

Use of nongovernmental organisations

ƒ

Other? (Please specify)

Does your organisation provide consular assistance for other states’ nationals in countries where they are not represented?

SOURCE

Citizens of member states of the European Union who require consular assistance but whose country is not represented in the area can appeal for help to the missions of other member states. Such assistance is strictly limited to emergencies, such as deaths, accidents, violent crime, serious illness or imprisonment. It is possible that the mission first approach will refer citizens to another EU country's mission, which is responsible for providing consular assistance to Germans. NGOs are not part of the service itself, but they act as partners, for example distributing humanitarian aid. Representatives of charities are invited to embassy events.

Interview

For European Union countries, see above A main example of support for other states’ nationals are evacuations, for example, in recent years, from Côte d’Ivoire. There are no formal agreements or obligations for such assistance; rather, it is agreed on a pragmatic basis between the consular staff of the countries involved

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GERMANY ISSUES

INFORMATION AVAILABLE

SOURCE

FINANCE AND FUNDING Budget available for consular services, i.e. total costs of consular services (latest financial year)

The provision of consular services are a duty of the state, and as such there is no upper Interview limit to the budget.

Sources of funding of consular services

Costs Ordinance Consular services are funded from the state budget, with fees for all official acts, such as Foreign passport issuing, although fees do not cover the full cost of the related administration. (Auslandskostenverordnung, The costs of assistance such as transport to the home country and hospital treatment is AkostV) supposed to be paid back by citizens, but this is not always the case.

Policy regarding charging of recipients of services:

Charges payable for services are set by the Foreign Cost Ordinance. Some of fees are Foreign Cost Ordinance flat-rate charges, while others depend on the value of the subject of the official acts. Fees December 2001 charged, including maximum and minimum bands and guidelines of the percentage of the subject value to be charged, are listed in the Schedule of Fees of the Foreign Cost Ordinance. Services listed in the Schedule vary widely, from copies of documents (€0.50 per page) to the procurement of domestic public documents (€20-€30), conversation with the debtor on behalf of the creditor (€25 per 30 minutes), translations (€1.50 to €3 per line, depending on language), and custody of valuables (simple value-based fee).

ƒ

Criteria for charging recipients (e.g. full cost recovery?)

ƒ

Type and amount of fee charged, e.g. for: - Passports issued overseas

The total budget of the Ministry of Foreign Affairs is: €1.9 billion; the operating costs are: €800 mln.

ƒ

- Legalisation of documents

Fee for standard passport for citizens aged 16 or over: €39, with a supplement of €26 if the applicant is not registered in the district of the mission.

ƒ

- Support for distressed nationals overseas; if so charged in what circumstances?

An additional supplement applies if temporary passports need to be changed or issued outside of standard working hours

ƒ

Legalisation of foreign public documents: €20 (foreign birth, marriage or death certificate, legalisation in strictu sensu (e.g. confirming genuineness of signature) to €80 for other foreign public documents, legalisation in latu sensu (confirmation that a document is being executed in the manner prescribed by the law of the place of issue) 37

of

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INFORMATION AVAILABLE

SOURCE

ƒ

Sum of official acts required to enable an applicant to travel to his place of habitual residence or to another: €15-50

ƒ

Laissez-passer for a corpse, including the procurement of the necessary documents: €20

ƒ

Assistance with the requested funeral of the deceased: €15-20

TRAVEL ADVICE Number of countries covered by advice

All countries are covered by travel advice

Interview

Most notable exceptions

None

Interview

Frequency of reviewing/updating travel advice

The frequency of updates depends on the situation of a particular country; in some cases, Interview updating can be daily

Issues covered in travel advice

See Table 9 in Volume I

Actual developments regarding the formulation of travel advice, e.g. cooperation with other countries to harmonise travel advice?

The Federal Foreign Office uses all available sources for its travel information, including Interview other countries’ foreign offices and intelligence services. New information is shared between countries

ISSUING OF PASSPORTS Procedure for issuing of passports at Posts overseas: ƒ

ƒ

Facilities for issuing passports at overseas posts (all, some, or no posts) Recent changes in the

Embassies and consulates process passport applications for German citizens registered as Embassy web site living abroad, but all passports are printed centrally in Germany and sent to the embassy by courier, meaning that several weeks can elapse between the application and receipt of the new passport German citizens applying for a regular new passport at an embassy or consulate must produce proof that they are no longer registered with a local authority in Germany (which would usually handle passport applications). Applications must be submitted

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INFORMATION AVAILABLE SOURCE personally and in writing, although exceptions can be made on the grounds of the applicant's infirmity or great distance from the responsible mission. Applicants furthermore have to provide a completed application form (can be downloaded from the embassy web site), proof of residence in the host country, a birth certificate and if applicable marriage certificate, and two recent passport size photos. They also need to submit their old passport for invalidation of personal data when collecting the new passport. The old passport can still be used to produce proof of valid visas

Duration for handling passport applications (regular procedure)

As all German passports are printed in Germany and have to be sent to the embassy or AA web site consulate by courier, citizens are advised that it may take several weeks for the new passport to arrive. The turnaround time given on the web site is six to eight weeks

Procedures regarding emergency travel documentation:

For Germans who have lost their passport abroad, embassies, consulates and some AA web site honorary consuls can issue travel passes (Reiseausweis), which enable applicants to return to Germany, but not to travel to other countries abroad. For citizens planning a longer stay abroad, temporary passports can be issued

ƒ

What type(s) of emergency travel documentation do you issue?

ƒ

What is the actual turnaround time?

ƒ

For which period of time are these documents valid?

The replacement of a lost or stolen passport is facilitated if citizens can provide photocopies of the old passport and report the loss or theft to the local police. Delays can occur due to the responsible German authorities not being accessible outside working hours, and some foreign countries requiring a departure visa to replace the immigration stamp in the original passport For technical reasons, embassies and consulates are currently unable to offer the express issuing of machine readable passports available from authorities within Germany

What is the policy regarding incomplete applications?

Incomplete applications are returned, if they cannot be completed in the presence of the Interview applicant. There is no charge for incomplete applications unless their processing has required administrative effort.

Future plans regarding issuing passports, for

The inclusion of biometric data in the future is expected, but the function of overseas Interview posts in this context has not been determined yet 39

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GERMANY ISSUES example plans regarding use of biometrics. If yes, to what extent will overseas posts be involved in issuing such passports?

INFORMATION AVAILABLE

SOURCE

ASSISTANCE TO DISTRESSED NATIONALS Basis for delivering these services: ƒ

Primary legislation/consular law?

ƒ

Published charter?

ƒ

Internal manual/guidance?

The Federal Republic’s Consular Law requires consular officers to give Germans advice Consular Law of 11 September 1974 and assistance according to their discretion.

Overview of types of services delivered.

See Table 11 in Volume I

Criteria to be eligible for these services

Consular officers shall help Germans in their consular district requiring assistance if no Consular Law of 11 September 1974 other source of assistance is open to them. In general, assistance cannot be claimed by Germans or to their descendants habitually resident in a foreign State, if at the same time they hold the citizenship of that state and their father or mother likewise hold or held such citizenship. However, exceptions can be made for particular circumstances cases, as well as for nonGerman members of a German citizen’s family if they share the same household with him or have done so for a considerable period of time Assistance may be refused if it has been established that the person seeking it has in the past abused such assistance, unless such refusal could place that person’s life or health in danger

Are standards of consular service deliberately varied

The standards of consular services are the same across all countries.

40

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GERMANY ISSUES from country to country?

INFORMATION AVAILABLE

SOURCE

In the case EU countries, care is provided by the national authorities

DISTRESSED NATIONALS - PRISONERS Procedures regarding services offered to prisoners by posts ƒ

Formal standards for when/how often/by whom prisoners are visited

ƒ

Actual situation: standards met by all, some, none of the posts?

ƒ

Any regional variation in type of services offered, to reflect differing local circumstances or risks?

Types of services offered ƒ

ƒ

Ensure that the UN Standard Minimum Rules for Treatment of Prisoners are met

Consular officers shall care for Germans remanded in custody pending trial or serving a Consular Law, (Oslo) embassy web prison sentence within their consular district and especially provide them with legal site, interview protection if so required by such persons Consular staff cannot interfere with the legal proceedings of the host country and cannot themselves represent citizens, but they can help citizens to identify a suitable lawyer with the necessary language skills According to the Vienna convention, arrested citizens have the right to contact the local mission Consular staff may visit imprisoned citizens and correspond with them. They check the reasons for imprisonment, whether treatment is correct, and whether food and medical care are adequate. If requested, consular staff inform the prisoner's relations and forwards their financial transfers While consular staff can try to bring about improvements of conditions, however, there is no guarantee that this intervention will be successful. Consular staff check the reasons for a citizen’s imprisonment, whether treatment is (Oslo) embassy web site;, interview correct, and whether food and medical care are adequate. If requested, consular staff inform the prisoner's relations and forward their financial transfers. Additional assistance is offered in the form of supply of soap, vitamins etc as needed. Costs for a lawyer are not usually covered, except in death penalty cases

Additional services offered

DISTRESSED NATIONALS REQUIRING ACUTE MEDICAL TREATMENT/HOSPITALISATION Services offered to patients

Patients are visited by consular staff to establish what assistance they wish to receive. Interview Medical costs are covered as far as they safeguard the survival of the citizen, but are otherwise the citizen’s responsibility 41

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INFORMATION AVAILABLE

SOURCE

Repatriation of ill or dead nationals

If no other possibilities exist consular officers shall forthwith inform the relatives of any Consular Law German who has died within their consular district and render assistance in having the body of the deceased transferred if such transfer is demanded. Consular officers are called upon to attend to the estate if Germans situated within their consular district if their heirs are unknown or absent of if official involvement is necessary on other grounds.

DISTRESSED NATIONALS - FORCED MARRIAGES AND CHILD ABDUCTIONS Is there a policy to intervene overseas when a forced marriage is suspected? If yes, what type of intervention?

Intervention is not possible if the individual concerned is a national of the foreign Interview country or has dual citizenship. However, if the individual concerned is a German national, the marriage is not recognised by the German authorities, with consequences for the forced marriage partner’s rights to enter and reside in Germany.

Is there a programme or preventative work in the home country to deter forced marriages (e.g. education and awareness raising campaigns)?

Preventative work is being done by the Federal Ministry of the Interior, and Ministry of Interview Justice, who are responsible for this area.

Is there a policy to intervene overseas when child abduction is suspected? If yes, what type of intervention?

The Federal Foreign Office and the missions’ legal and practical means of intervention AA website are very limited in the case of cross-border child abductions. Custody decisions are in all countries subject to the authority of the courts of law. In countries where the judiciary and government are separated, even the other foreign country’s government is unable to intervene – including if there is an appeal for help from the German government. Custody cases are a matter of family law, not of foreign policy. Support by the Federal Foreign Office is virtually impossible if the child has the citizenship of the foreign county, especially in the case of Islamic countries, where custody is traditionally given to fathers. Affected citizens are advised to try to have German custody decisions recognised by the foreign country’s courts, or to start new proceedings in the foreign country. However, the Federal Foreign Office warns that both of these options can be time-consuming and 42

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GERMANY ISSUES

INFORMATION AVAILABLE SOURCE costly. An exception to this rule are other European countries, where court decisions on custody are automatically mutually recognised. In addition, the Haag agreement between Germany and a number of countries aims to speed up the resolution of child abduction cases according to existing custody arrangements. In addition, the Federal ministry of Justice operates an expert committee aiming to provide advice to mediators in international children’s right cases. Missions can refer citizens to a trustworthy local solicitor, but staff cannot represent citizens in court, and any legal costs have to be borne by the citizens themselves. The Federal Foreign Office advises that given the difficulties of legal proceedings, and of bringing the abducted child back to Germany, affected parents should try to resolve the matter out of court, possibly involving a counsellor.

OTHER FORMS OF ASSISTANCE TO DISTRESSED NATIONALS Financial assistance ƒ

Eligibility for financial assistance

ƒ

Type of assistance

Information on local laws, etc.

Recipients of assistance are under obligation to refund expenses incurred (e.g. travel); Consular Law this obligation extends to their spouse or heirs. The claim for reimbursement can be waived depending of the development of the situation inside the consular district, the personal circumstances of the person in need of assistance or other special circumstances. The overseas posts do not offer legal advice, but can refer citizens to suitable local Interview lawyers

MAJOR CRISES OR MASS EVENTS Office(s) responsible for consular assistance in major crises or mass events

The Crisis Reaction Centre (Krisenreaktionszentrum) co-ordinates the response to crises, Interview taking the advice of consular staff on detailed requirements. In case of major crises, the federal government convokes a crisis committee, which includes members from the police etc

Deployment of staff

There is a body of 100–150 volunteers from within the foreign service ready to be Interview deployed at short notice, although availability varies as staff move between posts Volunteers are trained in special seminars, which are offered on an ongoing basis. The sudden nature of crisis events does not allow for training prior to deployment. 43

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INFORMATION AVAILABLE

Information provision

The Federal Foreign Office considers that there is still room for improvement regarding Interview the number of lines available, and of staff taking calls. The hotline is supported by an IT logging system.

Specific actions to assist repatriation of ill or dead nationals in event of major crises), e.g.

Consular officers look after medical transport and medical care. They also assist the AA web site, interview repatriation of the deceased and the protection of their property (Nachlaßsicherung)

ƒ

medical transport

ƒ

medical care

ƒ

identification of victims

ƒ

home transport of the deceased

SOURCE

The identification of victims is the responsibility of the police of the foreign country Normally the costs of the medical care and transport of a citizen need to be refunded by the citizen. However, in case of a mass crisis, the federal government can decide to waive this obligation

Are these services provided free or charged for? ADDITIONAL INFORMATION Information on client satisfaction (e.g. surveys)

Feedback is not collected through surveys, which would be technically difficult. Interview However, feedback in letters of complaint is processed

Have you developed IT-based systems to record and to progress consular assistance cases?

In addition to the logging system used in crisis events, posts have access to a database of Interview citizens who have previously received consular financial assistance, as well as a database of citizens wanted by the police

POPULATION SERVED Estimated number of citizens living abroad

This question is impossible to answer as citizens are not obliged to register abroad. In Interview addition, the length of stay can vary considerably

Estimated number of citizens travelling abroad

Ca. 50 million citizens per year undertake travel that involves ten or more days spent AA web site abroad

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INFORMATION AVAILABLE

SOURCE

Number of requests for consular assistance

Not available

Do you collect other data (e.g. deaths registered overseas, citizens hospitalised abroad)?

No data available on deaths registered overseas, as embassies are not necessarily informed In case of citizens hospitalised abroad, there is only information on major cases; most citizens are covered by private insurance and minor cases are dealt with by embassies directly Data available on citizens detained or imprisoned abroad (2500 in 2004), although some prisoners do not want their imprisonment to be made known Medical evacuation cases: again many citizens are evacuated through private insurance: the Federal Foreign Office only collects numbers of citizens evacuated by the Office, for example using military planes following a major disaster Data on the number of passport applications by citizens abroad are available. In case of traveller emergency loans, information is only avalaible on major loans Information on whereabouts cases is available, but whereabouts cases are also dealt with by a number of charities Information on repatriation cases is available.

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INFORMATION AVAILABLE

SOURCE

ORGANISATIONAL SETTING National office responsible for consular services, and its position within government

Ministry of Foreign Affairs, Directorate General Regional Policy and Consular Affairs www.minbuza.nl (DG Regiobeleid en Consulaire Zaken, DGRC), Consular Affairs Division (Dienst Consulaire Zaken)

Form of the consular network:

The Netherlands has representations in circa 200 countries. In slightly more than half www.minbuza.nl of these countries, there is a Dutch embassy. In the other, the Neherlands is represented through other types of posts:

ƒ

ƒ

types of posts (e.g. embassies, consulates, honorary consulates) number of posts per type

ƒ

112 embassies

ƒ

283 consulates

ƒ

52 consulates-general

ƒ

22 vice consulates

ƒ

ca. 360 honorary consulates

Number of staff delivering consular services: ƒ

in national base office

ƒ

80 people

Interview with Mr. Andreae

ƒ

at overseas posts (including locally engaged staff)

ƒ

1231 people (2003)??? Or:

Financieel Jaarverslag 2003

ƒ

At least 500, but more in case of crises such as the tsunami ???

Interview with Mr. Andreae

Are there dedicated training courses in consular services, available to all consular staff? Are there other ways in which you spread good practice in consular work?

ƒ

There is a wide range of dedicated training courses, including training on how to Interview with Mr. Andreae interact with prisoners (as discussed above), but also training on client-focused reception desk work. Training is provided both to national and to local staff and both to staff in the national office and staff of consular posts. Yearly, €1.5 mln is spent on training.

ƒ

In addition, best practice information, but also information about mistakes made is disseminated through the Intranet. Furthermore, workshops are organised in which colleagues can learn from one another. Finally, there is informal information exchange among staff members. 46

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INFORMATION AVAILABLE

Degree of global coverage of the consular network, including information on the main gaps

The Netherlands has either embassies or consulates in most countries, though there are Based on analysis of information some exceptions, including Armenia, Laos, Mongolia, Myanmar, North Korea, Sierra on: www.minbuza.nl Leone, Tadzjikistan and Chad.

What mechanisms are in place to ensure your nationals’ access to consular services where there are gaps in your consular network?

Does your organisation provide consular assistance for other states’ nationals in countries where they are not represented?

SOURCE

ƒ

There are agreements among EU Member States that, if there is no embassy or www.minbuza.nl consulate in a specific country, one can call on the embassy or consulate of another EU Member State that is represented in that country.

ƒ

The website of the Ministry of Foreign Affairs refers Dutch citizens wishing to contact a consular post in a country where there is none to an embassy or consulate in a nearby country (e.g. to the Dutch embassy in Beijing (China) for people visiting or living in Mongolia).

Generally not, although there are some very exceptional circumstances in which it Interview with Mr. Andreae might occur. The interviewee indicates that this issue is much more important in the UK. There is no legal obligation to provide assistance to other states’s nationals. The Amsterdam Treaty however indicates that EU-citizens may contact consular posts of other EU member states if their own country is not represented. These people are helped as if they were Dutch citizens.

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SOURCE

FINANCE AND FUNDING Budget available for consular services, i.e. total costs of consular services (latest financial year).

Sources of funding of consular services: ƒ

General government resources/taxation

ƒ

Passport fees

ƒ

Fees and charges to direct recipients of consular services

ƒ

Other sources (Please specify)?

Policy regarding charging of recipients of services: ƒ

Criteria for charging recipients (e.g. full cost recovery?)

2003: costs of consular assistance: ƒ

Artikel 14.3: €2,412,000

ƒ

Personnel costs of consular posts (excl. theme experts): €83,584,000

BuZa Financieel Jaarverslag 2003

2004 budget ƒ

Income from legal and passport services (into government budget): €19,129,000

ƒ

Operating costs ministry: 5,328,000 Euro

ƒ

Operating costs consular posts: 131,806,000 Euro

ƒ

Operating cost total: 137,134,000 Euro

ƒ

2003: income generated by consular assistance 21,153,000 Euro.

ƒ

However, this income goes into the general government budget and not to Interview with Mr. Andreae consular services. There is some income from consular services that the directorate can use itself. However this is very limited. This money may however be used to buy new consular software. The interviewee indicates that he is jealous of Canada and the UK who collect a ‘consular premium’ on their services, and would like to see such a premium introduced in the Netherlands. However, this is not likely to happen.

ƒ

An example of income generated, is when assistance is offered to people in need (e.g. two people that were missing in Namibia) and costs are charged for the helpd offered which are paid by the people’s travel insurance or for which people have to pay themselves when they ngelected to insure themselves properly.

http://rijksbegroting.minfin.nl/

http://rijksbegroting.minfin.nl/

ƒ

The criterium for charging recipients is full cost recovery, i.e. time involved www.prisonlife.nl multiplied by the salary of the involved civil servant and a surcharge for www.minbuza.nl overhead.

ƒ

The Rijkswet Consulaire Tarieven describes the consular fees and explains what to do if people are not able to pay these fees.

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INFORMATION AVAILABLE

Type and amount of fee charged

SOURCE

ƒ

For regular consular assistance fees are charged. In special circumstances, such as missing persons and kidnappings, this is not always the case. According to the Rijkswet Consulaire Tarieven and the related implementation regulations, the costs made in these cases will increasingly be charged in the future.

ƒ

Detailed overview of fees per service offered available from RAND Europe.

TRAVEL ADVICE Number of countries covered by advice

112 countries

Most notable exceptions

No coverage of developed countries (EU-countries, United States, Canada, Australia, www.minbuza.nl New Zealand, Japan, etc.). The Dutch Ministry of Foreign Affairs indicates to only provide travel advice for those countries where personal safety is an issue.

Frequency of reviewing/updating travel advice

Travel advisories are updated on an ad-hoc basis, when the local situations requires Interview with Mr. Andreae this. Information on situations is provided by Ducth consular posts, other EU-countries and some other sources, and it is then decided whether the information is reason to update the travel advice or not. If a consular post provides new information, the consular directorate always checks whether the post discussed the situation with other consular posts in the same country. This is usually the case. The travel advice on the website is always up-to-date.

ƒ

Formal procedure or target

ƒ

Actual number of revisions (year for which most recent data are available)

Issues covered in travel advice Actual developments regarding the formulation of travel advice, e.g cooperation with other countries to harmonise travel advice?

See Table 9 in Volume I ƒ

Travel advice is getting more and more important as people travel more and to Interview with Mr. Andreae more risky destinations. People are considered to inform themselves well prior to travel and avoid unnecessary risks.

ƒ

Increasing cooperation with other EU-countries regarding revision of travel advice (but also in the domain of kidnapping of EU-citizens and offering support Begroting 2005 in major crises).

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INFORMATION AVAILABLE

SOURCE

ISSUING OF PASSPORTS Procedure for issuing of passports at Posts overseas: ƒ

ƒ

ƒ

Facilities for issuing passports -

Embassies: most (excl. Tblisi, Tallinn, Valetta, Vatican city)

Facilities for issuing passports at overseas posts (all, some, or no posts)

-

Consulates general: some

-

Consulates: none

-

Vice consulates: none

Recent changes in the procedures (if any)

-

Honorary consulates: none

ƒ

Type of information to be provided -

passport request form (completely filled out)

-

preferably 2, but at least one recent professional picture of 3.5*4.5 cm (picture should be taken from the front)

-

the person requesting the passport always has to be present in person, both when requesting and when picking up the passport (this also holds for children)

-

for children under age 18, written consent by parent or custodian

-

when requesting a passport for the first time or for the first inclusion in a passport, a birth certificate is required

Recent changes in the procedure: No changes in requesting the passport abroad. The procedure in the Netherlands has changed in October 2001: because of the introduction of new safety characteristics passports can no longer be provided by a local government office, but have to be provided from a central location. Duration for handling passport applications (regular procedure): ƒ

Travel documents are provided as quickly as possible, but within four weeks at the www.minbuza.nl most (in exceptional cases to be extended with another four weeks). The average waiting time for a passport, valid for five years and all countries, is two weeks.

Turnaround time target (days)

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Indicated turnaround time (e.g. on website)

ƒ

Actual average turnaround time

ƒ

Variation among posts (if any)

Procedures regarding emergency travel documentation: ƒ

What type(s) of emergency travel documentation do you issue?

ƒ

What is the actual turnaround time?

ƒ

For which period of time are these documents valid?

INFORMATION AVAILABLE

SOURCE

In case of an emergency situation, or in case of missing or theft of a travel document, www.minbuza.nl + www. an emergency travel document can be provided. paspoortinformatie.com ƒ Types: emergency passport and emergency extension. An emergency extension is only possible if a person possesses a valid passport that loses its validity during a trip. ƒ

Turnaround time: If possible this will be done on the same day and otherwise within a few days.

ƒ

Duration of validity of emergency documents: -

Emergency passport: valid for one specific trip (maximum of one year)

-

Emergency extension: Depending on (1) the duration of the trip; and (2) the minimum requirements for validity of the passport after arrival to or departure from the countries to be visited, the duration of the emergency extension is detemined (the maximum is one year).

The Royal Marechaussee is responsible for the administration of the procedure. What is the policy regarding incomplete applications?

ƒ

Incomplete applications are not considered. The application forms are rather Interview with Mr. Andreae simple. However, if people have difficulties answering a specific question, advice is offered, but staff will not fill out the entire form.

ƒ

No costs are charged for unsuccessful or withdrawn passport applications

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NETHERLANDS ISSUES Future plans regarding issuing passports, for example plans regarding use of biometrics. If yes, to what extent will overseas posts be involved in issuing such passports?

INFORMATION AVAILABLE

SOURCE

1

Pilot-testing (2b ornot 2b ) of biometrics in passports in six Dutch cities (September Official letter of the Minister of minister for Government Reform 2004-March 2005) Æ Preparation for the introduction and Kingdom Relations to the Tweede Kamer, 19 December 2003 + www.dmmc.nl

ASSISTANCE TO DISTRESSED NATIONALS Basis for delivering these services: ƒ

Primary legislation/consular law?

ƒ

ƒ

Published charter?

ƒ

ƒ

Internal manual/guidance?

Overview of types of services delivered. Are there targets for this work, such as the timescale within which distressed nationals should be contacted and offered assistance? Criteria to be eligible for these services

1

ƒ

Dutch primary legislation does not include a right to consular assistance, the www.minbuza.nl degree of assistance provided is at the discretion of the Dutch government. http://europa.eu.int/ The applicable law is the 1963 Vienna Convention on Consular Relations and Optional Protocols. In addition, guidelines for consular services to are described in the Consulaire Normen

See Table 11 in Volume I Interview with Mr. Andreae

ƒ

The Ministry of Foreign Affairs is still contemplating the border between own www.prisonlife.nl responsibility and responsibility of the government. It is expected of citizens that (1) they prepare for travelling by studying the risks involved and taking measures to avoid them, (2) they are properly insured and (3) they behave responsibly.

ƒ

A person with dual nationality, of which one is the Dutch nationality, cannot

2b refers to the use of two biometric characteristics: finger prints and facial image.

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Are standards of consular service deliberately varied from country to country because some countries are more difficult and higher risk for distressed nationals than others? If so how is this done?

INFORMATION AVAILABLE SOURCE always request consular assistance from Dutch posts. If that person is present in the country of his or her ‘other’ nationality, that country will consider that person as its own citizens, and will refuse any involvement (i.e. consular assistance) of another country. ƒ

Generally, consular services delivery is tailor-made. It thus depends on the Interview with Mr. Andreae circumstances what type and levels of services is offered.

ƒ

In data collection on services delivered to prisoners a distinction is made between Dutch Audit Office, 2000 western and non-western countries.

DISTRESSED NATIONALS - PRISONERS Procedures regarding services offered to prisoners by posts ƒ

ƒ

ƒ

Formal standards for when/how often/by whom prisoners are visited Actual situation: standards met by all, some, none of the posts?

The concrete tasks and responsibilities of the Ministry of Foreign Affairs regarding detained citizens are specified in the Consulaire Normen. The guidelines are often voluntary, i.e. the Dutch posts are not obliged to do things. Specific targets are lacking. As a consequence, different posts act in different ways.

Dutch Audit Office, 2000

ƒ

The actual number of days between the arrest and the first visit has decreased from 440 days (1997) to 50 days (1999) in western countries and from 240 days (1997) to 18 days (1999) in non-western countries. This was a consequence of specific measures taken.

ƒ

The amount of time spent per prisoner varies enormously among posts. The amount of time spent varies from 0.5 to 47 days per prisoner per year. In nonwestern countries more than twice as much time is spent per prisoner than in western. On average 3.4 days per prisoner per year are spent on services to prisoners.

ƒ

In 1999, the average number of visits to a prisoner is 3.1 times per year for western countries and 5.3 times per year for non-western countries. Approximately 7% of the prisoners in non-western countries has not been visited www.prisonlife.nl

Any regional variation in type of services offered, to reflect differing local circumstances or risks?

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INFORMATION AVAILABLE at all. ƒ

Types of services offered ƒ

ƒ

Ensure that the UN Standard Minimum Rules for Treatment of Prisoners are met (incl. rules on food, living circumstances, medical treatment, prohibition of corporal punishments, etc.) Additional services offered: - financial assistance?, - legal assistance? - welfare e.g. mail delivery, vitamins, cigarettes? - others? (Please specify).

SOURCE

In 2003, circa 9800 visits.

Priorities are to make sure that the person arrested get a fair process, and is not Interview with Mr. Andreae discrinated against. It is not the responsibility of the Ministry to ‘care’ for the prisoner, again because of the philosophy that people are responsible for their own actions. There are other organisations, e.g. Epafras, that provide mental health care to prisoners. The Ministry of Foreign Affairs provides the following services. ƒ

Each Dutch citizen imprisoned outside Europe is entitled to a monthly donation of 30 Euro.

ƒ

Further, the Ministry can provide advance payments for living costs, clothing, medication, and return travel after imprisonment, it can finance ‘lawyers’ to www.minbuza.nl formulate a second opinion; it can subsidise activities focused on mental health of the prisoners, etc.

Dutch consular posts provide the following services: ƒ

Visit arrested nationals as soon as possible after hearing about the arrest;

ƒ

Visit detained nationals depending on the necessity and need, Generally, Dutch prisoners in countries further away from the Netherlands and from family with less good circumstances will be visited more frequently.

ƒ

Inform an arrested national as soon as possible about the opportunities and conditions of legal assistance in the country where s/he is arrested.

ƒ

Attend if possible and necessary the court session of a Dutch arrestee.

DISTRESSED NATIONALS REQUIRING ACUTE MEDICAL TREATMENT/HOSPITALISATION Services offered to patients ƒ

ƒ

Formal standards for when/how often patients are visited Actual situation:

In the case of hospitalisation of Ducth citizens that temporarily stay abroad, the www.minbuza.nl Ministry of Foreign Affairs: ƒ

Ensures that – upon request – family members and acquaintances will be informed as quickly as possible

ƒ

Will, if necessary, contact – through staff of the Dutch post – the hospital as 54

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NETHERLANDS ISSUES standards met by all, some, none of the posts? ƒ

Regional variation (if any)

Repatriation of ill or dead nationals

INFORMATION AVAILABLE quickly as possible to gain an insight in the situation ƒ

Will, if necessary, visit – by staff of the Dutch post – the patient once or more in the case of long-term hospitalisation

ƒ

Intermediates – if necessary – in the provision of financial resources

ƒ

Can guarantee – on behalf of an insurer – the payment of costs if the person is insured

SOURCE

The Ministry of Foreign Affairs: ƒ

Will do its utmost best to inform the next of kin as soon as possible

ƒ

Supports the next of kin by providing information on local funerals

ƒ

Assists in the possible repatriation of the mortal remains to the Netherlands

ƒ

Can guarantee the costs of repatriation if these are included in the life insurance of the deceased

ƒ

Supports the next of kin in obtaining a copy of the medical or police report or the report of the psot-mortem examination

DISTRESSED NATIONALS - FORCED MARRIAGES AND CHILD ABDUCTIONS Is there a policy to intervene overseas when a forced marriage is suspected? If yes, what type of intervention?

Not an issue

Is there a programme or preventative work in the home country to deter forced marriages (e.g. education and awareness raising campaigns)?

Not an issue

Is there a policy to intervene overseas when child abduction is suspected? If yes, what type

In case of child abduction by one of the parents, the other parent is advised to contact www.minbuza.nl the Central Authority of the Dutch Ministry of Justice. In addition, s/he may contact the consular-legal division of the Ministry of Foreign Affairs. The posts inform and 55

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NETHERLANDS ISSUES of intervention?

INFORMATION AVAILABLE can advise, if appliclable, the parent in the Netherlans.

SOURCE

OTHER FORMS OF ASSISTANCE TO DISTRESSED NATIONALS Financial assistance ƒ Eligibility for financial assistance ƒ Type of assistance (loan, grant)

Financial assistance in the form of a loan is offered for repatriation of Dutch nationals www.minbuza.nl that are in an acute emergency situation. People are only eligible if it has been proven that the concerned national is not able to find the required resources in another way (e.g. own money, or help of family or friends). In case of searches for missing persons, the Ministry of Foreign Affairs: ƒ

Encourages local authorities to start an investigation to collect information on the missing person or to find the person

ƒ

Could possibly support the search, in cooperation with an insuarnce company

ƒ

Could, where necessary, offer assistence to the competent local authorities

ƒ

Will continue to encourage local authorities to continue the investigation

Evacuation : ƒ

The Dutch representation offers support to the Dutch community if a situation arises that threatens the safety of Dutch citizens

ƒ

In stages and dependent upon the severity of the situation the next steps can be taken: -

To inform the Dutch community about the – arising – situation and to advicse them to take precautionary measures

-

To advise and assist the Dutch community to make partners and children, whose presence is not required, to leave to safer places

-

To advice and assist the still present members of the Dutch community to go to assigned and prepared meeting points to better ensure their safety

-

To advice and assist the still present members of the Dutch community in case they need to leave the region or country in crisis

-

To close the consular post

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NETHERLANDS ISSUES

INFORMATION AVAILABLE

SOURCE

In Ivory Coast, these five steps were taken within 10 days, which is an unusual situation. In Kyrgysztan, steps 1-3 were taken a couple of weeks. Information on local laws, etc., e.g.: ƒ

Advise on purchasing property

ƒ

Advice on tax regimes

ƒ

Advise on pension rights

To a limited degree

MAJOR CRISES OR MASS EVENTS Office(s) responsible for consular assistance in major crises or mass events

Consular assistance in crisis situations is coordinated by the consular directorate. In Interview with Mr. Andreae case of major crisis, crisis teams are established. These operate from The Hague, but usually have people at the location of the crisis as well. For example, the Dutch honorary consul at Bali played an important role in the aftermath of the Bali bombing. After the tsunami, a Task Force Tsunami was established in the Ministry of Foreign Affairs, an Interdepartmental Coordination Group Tsunami was established, and a consular crisis team offered assistance in Phuket and Colombo.

Deployment of staff

Information provision

ƒ

The number and type of staff depend on the situation.

ƒ

Might be both Dutch and local staff.

ƒ

Staff deployed generally has had consular training, and may be generalists, medical personnel, police, etc. In case of deaths, the Rampen Identificatie Team (Disaster Identification Team) is send to the crisis location to identify the deceased people.

ƒ

Where possible, people deployed have had a specific training aimed at emotional well-being of victims. Sometimes, the demand for people however exceeds the reservoir of people on standby. In the case of the tsunami, for example, additional psychologists were hired to provide assistance

Usually information is provided over the Internet and a telephone hotline is 57

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Telephone hotline in the home country: staffed 24-hours or not

ƒ

IT – i.e. fully operational casualty logging system

Specific actions to assist repatriation of ill or dead nationals in event of major crises.

INFORMATION AVAILABLE SOURCE established. For example, in the case of the tsunami a team of 8o people was established to answer questions.

Yes: medical transport, medical care, identification of victims, and home transport of Interview with Mr. Andreae the deceased.

ADDITIONAL INFORMATION Information on client satisfaction (e.g. surveys)

In 2002, the Ministry of Foreign Affairs received on average 110 notices of objection www.ombudsman.nl per month. Out of these, 100 were related to consular issues (e.g. refusals to legalise a foreign travel document, to grant a visum, to provide a Dutch passport, or to provide a travel document to foreigners). The remaining 10 related to decisions related to the Dutch Freedom Of Information Act. In addition, on average 75 plaints are received per month, and 18,500 letters are received (the latter address a wide variety of topics, including requests for consular assistance).

Have you developed IT-based systems to record and to progress consular assistance cases?

The directorate is in the process of procuring the development of a software system to Interview with Mr. Andreae better record consular assistance cases. The interviewee indicates that the UK already has such a system, but that it is has some weaknesses. The Dutch hope to be able to establsih a slightly better system.

POPULATION SERVED Estimated number of citizens living abroad

People are advised to register at the appropraite consular posts if they are going to live Interview with Mr. Andreae abroad, especially if they move to risky destinations. However, it is the responsibility of the person to do so, and the consular post cannot be blamed for not knowing. Obligatory registration is not possible because of the Ducth Law on Protection of Personal Information (Wet Bescherming Persoonsgegevens).

Estimated number of citizens

2001: 2,430,000 short holidays abroad

CBS, Statistisch Jaarboek, 2003

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INFORMATION AVAILABLE

SOURCE

Number of requests for consular assistance

The number of requests for legalisation of documents has gradually increased (approx. www.prisonlife.nl 10% increase in the period 2000 – 2003) www.ombudsman.nl It is estimated that there are several 100,000s requests for consular services each year

Do you collect data on the number of:

Number of citizens detaineed or imprisoned overseas

2001: 11,790,000 long holidays abroad

ƒ

2000: 1880

ƒ

death registered overseas

ƒ

2004: 2237 (of which 1878 drugs related crime)

ƒ

citizens hospitalised abroad

ƒ

2005: 2352 (28 January 2005)

ƒ

citizens detained or imprisoned abroad

ƒ

medical evacuation cases

ƒ

passport applications by citizens abroad

ƒ

traveller emergency loans

ƒ

whereabouts cases; and

ƒ

repatriation cases?

Algemene Rekenkamer + www.prisonlife.nl

The number of requests for travel documents at the Dutch posts has increased (approx. 10% increase in the period 2000 – 2003) to a total of circa 130,000 documents per year www.prisonlife.nl at this moment. The consular directorate is in the process of procuring the development of a software Interview with Mr. Andreae system that enables them to collect these data. Available data are currently limited.

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INFORMATION AVAILABLE

SOURCE

ORGANISATIONAL SETTING National office responsible for consular services, and its position within government

Ministry for Foreign Affairs, (Utrikesdepartementet), Department for Consular Services www.sweden.gov.se and Civil Law (Enheten för konsulära och civilrättsliga frågor)

Form of the consular network:

ƒ

85 Embassies

ƒ

12 Consulates

ƒ

about 400 Honorary Consulates

ƒ

The Department for Consular Services and Civil Law (the national base office) has www.regeringen.se a staff of fulltime 30 people. 28 of these are involved in work relating to consular Interview with Christina Palm services, 7 work directly with consular cases. On top of these 28 person years there are 4 persons that work out of office hours on on-call duty.

ƒ

There is no information available on the number of staff involved in consular services overseas. However, there is information on the total number of staff working in the foreign authorities, but all of these do not deliver consular services. In total, 1550 people are involved in work at the foreign authorities (excluding honorary consulates). 1000 of these are locally engaged staff.

ƒ

All staff having consular first or secondary responsibilities has to follow three basic Interview with Christina Palm courses.

ƒ

The Department for Consular Services and Civil Law gives also shorter courses to ambassadors and substitutes.

ƒ

Another form of training is to let people follow the work at the department during a few days.

ƒ

The work follows laws, regulations and manuals. There is according to the interviewee no need for spreading good practice in any other way, since it is written down clearly what is demanded and expected from consular work.

ƒ

types of posts (e.g. embassies, consulates, honorary consulates)

ƒ

number of posts per type

Number of staff delivering consular services: ƒ

in national base office

ƒ

at overseas posts (including locally engaged staff)

Are there dedicated training courses in consular services, available to all consular staff? Are there other ways in which you spread good practice in consular work?

www.regeringen.se

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INFORMATION AVAILABLE

Degree of global coverage of the consular network, including information on the main gaps

analysis based Sweden has diplomatic relationships with almost all independent states in the World. In Own about half of these countries there are Swedish diplomatic representations. In countries information where there is no embassy it is common to appoint an ambassador of a country close by www.regeringen.se as part accredited ambassador. For about thirty countries the ambassador is based in Stockholm. However, countries in these two groups might still have Swedish representation in the country, most often in form of honorary consulates. There are around 30 countries in which Sweden has no presence in form of an embassy, consulate or honorary consulate at all. These countries are not concentrated in any specific geographical or political area. However, a common characteristic for many of them is that they are quite small nations.

What mechanisms are in place to ensure your nationals’ access to consular services where there are gaps in your consular network

Consular assistant can be given by:

Does your organisation provide consular assistance for other states’ nationals in countries where they are not represented?

SOURCE

www.regeringen.se

ƒ

Swedish representations in countries close by.

ƒ

Other EU countries. Swedish citizens have the right to consular services on the same conditions as the countries’ own citizens.

ƒ

Other Nordic countries

ƒ

In addition to EU agreements, there is an agreement between Nordic countries to Interview with Christina Palm give consular services to each other’s nationals. Other than that there are no agreements, but if someone from outside the EU or the Nordic countries is in need of help and cannot get it from any other country they normally help out. There are no figures available.

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INFORMATION AVAILABLE

SOURCE

FINANCE AND FUNDING Budget available for consular services, i.e. total costs of consular services (latest financial year).

The budget for 2005 was 2.1 million SEK (about 230,000 Euro). 20 percent of this is for Interview with Christina Palm something called permanent financial consular assistance. Since 2003, this form of assistance cannot be granted any more, but the money budgeted for goes to the people that got their agreement before 2003.

Sources of funding of consular services

Consular services are 100 percent funded by government resources/taxation. The fees Interview with Christina Palm that are collected for some consular services are directly transferred to the Ministry of Finance and do not become a part of the budget available for consular services.

Policy regarding charging of recipients of services:

Criteria: Recipients are charged according to the regulation of fees at foreign authorities, Interview with Christina Palm SFS 1997:691. SFS 1997:691 (changes until Fees: 2004:1226)

ƒ

ƒ

Criteria for charging recipients (e.g. full cost recovery?) Type and amount of fee charged

ƒ

Passport application: 370 SEK

ƒ

Temporary passport: 430 SEK

ƒ

Legalisation of documents: 120 SEK/stamp

ƒ

The fee for a financial loan to a distressed person is 10% of the amount borrowed. The lowest fee is 200 SEK and the highest 4000 SEK.

ƒ

For all other fees, see SFS 1997:691 (changes until 2004:1226).

www.regeringen.se

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SWEDEN ISSUES

INFORMATION AVAILABLE

SOURCE

TRAVEL ADVICE Number of countries covered by advice

The Swedish Ministry for Foreign Affairs gives advice only on the countries that they www.regeringen.se recommend people not to visit. Currently (2005-03-23) that group includes 17 countries.

Most notable exceptions

All countries that the Swedish Ministry of Foreign Affairs does not advice against www.regeringen.se travelling to.

Frequency of reviewing/updating travel advice

The Swedish Ministry for Foreign Affairs follows continuously the security situation in a www.regeringen.se country or a region. When a situation changes in such ways that the Ministry revises its travel advice on that region, this is immediately communicated to the public via a number of channels.

Issues covered in travel advice

See Table 9 in Volume I

Actual developments regarding the formulation of travel advice, e.g cooperation with other countries to harmonise travel advice?

EU-countries inform each other as soon as they have made any revisions of their travel www.regeringen.se advice.

www.regeringen.se

ISSUING OF PASSPORTS Procedure for issuing of passports at Posts overseas: ƒ

ƒ

Facilities for issuing passports at overseas posts (all, some, or no posts) Recent changes in the procedures (if any)

Facilities for issuing passport ƒ

All embassies

ƒ

All general consulates

ƒ

Some honorary consulates

Interview with Christina Palm www.swedenabroad.com

Documents required ƒ

2 photos 3.5*4.5 cm, at the most one year old at the time of the application. (Photo shall be diagonally from the front).

ƒ

The old passport, even if expired. If the old passport is lost a copy of that this has been reported to the police is required.

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INFORMATION AVAILABLE

SOURCE

ƒ

For children under age 18, written consent by parent or custodian

ƒ

If not of Swedish residency, a copy of the residence permit from the country of residence is required.

ƒ

Registration extract regarding passport matters from local authority where registered.

The procedure for issuing passport has not changed recently but it will once biometric passport will come into use from 1 October 2005. The facilities that will be able to fully issue passports will be limited to embassies and general consulates since the honorary consulates will not have all needed digital equipment to do so. Duration for handling passport applications (regular procedure)

Procedures regarding emergency travel documentation

ƒ

The passport applications and issuing procedure takes between 4 to 6 weeks.

ƒ

There is no data available on the actual average turnaround time. But it is thought to Interview with Christina Palm be faster than 4 weeks.

ƒ

Variation among posts is due to differences in how frequently passport applications are sent off from a post to Sweden for handling.

Types ƒ

www.swedenabroad.se

www.regeringen.se

Temporary passports

www.polisen.se

The turnaround time varies depending on how urgent the situation is. A temporary Interview with Christina Palm passport can be issued on the spot if necessary. The temporary passport is valid for one specific trip.

What is the policy regarding incomplete applications?

Incomplete applications are not an issue for the procedure for issuing passport, since staff Interview with Christina Palm always provides help in completing them before they are sent off to Sweden.

Future plans regarding issuing passports, for example plans regarding use of biometrics. If yes, to what extent will overseas posts be involved in issuing such

Biometric passports will be issued as of 1 October 2005. Embassies and general Interview with Christina Palm consulates overseas will get equipped to handle digital applications, which then will be sent off for handling in Sweden. Hence, they will be involved in a similar way as today. Honorary will not be able to issue biometric passports due to lack of the necessary equipment.

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SWEDEN ISSUES passports?

INFORMATION AVAILABLE

SOURCE

ASSISTANCE TO DISTRESSED NATIONALS Basis for delivering these services

ƒ

Law (2003:491) about consular financial assistance

ƒ

Published regulations

ƒ

Manuals

ƒ

International conventions

Overview of types of services delivered.

See Table 11 in Volume I

Criteria to be eligible for these services:

The groups that are eligible for the services are:

ƒ

ƒ

ƒ

Do you provide consular services to non-nationals who are long-term residents in your country? Do you provide consular services to dual nationals in the country of their second nationality?

http://www.notisum.se/rnp/SLS/ LAG/20030491.HTM, Interview with Christina Palm

www.regeringen.se Interview with Christina Palm

ƒ

Swedish citizens who also are residents in Sweden.

ƒ

Refugees and stateless person who are residents in Sweden.

ƒ

In some cases foreign citizens who are residents in Sweden and Swedish citizens who are residents in a foreign country.

www.regeringen.se Interview with Christina Palm

Dual nationals are provided consular services in the country of their second nationality. However, some countries like for example Iran and Eritrea prohibit assistance to nationals that also are nationals of that country. Assistance is denied if the situation is self-inflicted, the person has not undertaken necessary precautions like insurance etc.

Are there any specific circumstances in which nationals are not helped, e.g. where national is negligent or to blame?

Are standards of consular service deliberately varied from country to country?

No

Interview with Christina Palm

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SWEDEN ISSUES

INFORMATION AVAILABLE

SOURCE

DISTRESSED NATIONALS – PRISONERS Procedures regarding services offered to prisoners by posts

There are no formal standards regarding services offered to prisoners except that as soon Interview with Christina Palm as a post recognizes that a national has been imprisoned in the country they are obliged to contact him/her and make sure that he/she is treated well. The resources available at the individual post determine how often a prisoner is visited. A prisoner in a country where there are many Swedish prisoners might be visited less frequently compared to a prisoner in a country where there are few Swedish prisoners.

Types of services offered ƒ

ƒ

Ensure that the UN Standard Minimum Rules for Treatment of Prisoners are met (incl. rules on food, living circumstances, medical treatment, prohibition of corporal punishments, etc.) Additional services offered

The consular staffs are obliged to ensure that the prisoner is treated well.

Interview with Christina Palm

Additional Services ƒ

http://www.notisum.se/rnp/SLS/ Financial assistance can only be given to pay legal costs of a prisoner that for a LAG/20030491.HTM special reason is in need of such assistance. (An example of a special reason is www.regeringen.se risking death penalty).

ƒ

A public defender is always offered to the prisoner.

ƒ

The consular staffs try to improve the welfare of prisoners. If the prisoner does not get enough food for example, they can provide food. These services are not provided for free. The cost of the food for example is a loan that has to be paid back later by the prisoner or someone close to him.

DISTRESSED NATIONALS REQUIRING ACUTE MEDICAL TREATMENT/HOSPITALISATION Services offered to patients

There are no formal standards regarding services offered to patients except that as soon Interview with Christina Palm as a post recognizes that a national has been in hospitalized in the country they are obliged to contact him/her. The resources available at the individual post determine how often a patient is visited.

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SWEDEN ISSUES

INFORMATION AVAILABLE

Repatriation of ill or dead nationals

Distressed people get help to contact medical doctors, lawyers and the emergency service www.regeringen.se centre of insurance companies such as, Euro-Alarm, SOS-International and Nordic Interview with Christina Palm Assistance.

ƒ

Putting parties in touch with specialist companies (e.g. medevac/funeral directors).

ƒ

More active assistance in country

ƒ

Financial assistance with repatriation: if so, in which circumstances?

ƒ

Reception arrangements in the home country.

SOURCE

The amount of assistance often depends on if the ill or dead national has travel insurance. If she or he does, then the insurance company very often is the major assisting actor, and the role of the consular staff is limited. These roles vary from case to case. Financial assistance can be given in cases where the ill or dead people do not have any resources to fund the repatriation. Normally, this is given as a loan. If the person is dead and both she and people close to her have no resources what so ever, then the government can pay the repatriation. Reception arrangements in the home country are the responsibility of other government bodies. However, the consular body normally stays involved even though they are not obliged to.

DISTRESSED NATIONALS - FORCED MARRIAGES AND CHILD ABDUCTIONS Is there a policy to intervene overseas when a forced marriage is suspected? If yes, what type of intervention?

There is one person at the Department for Consular Services and Civil Law that assists in Interview cases of suspected forced marriage overseas. In order for this person to be able to act Andersson somebody must have reported the case to the police and there must be a confirmed suspicion of crime. How the consular services intervene differ from case to case depending on the circumstances. In some cases they cooperate with authorities overseas, but this is sometimes counter productive. Sometime very unconventional means are used. There is no general policy on how a case should be treated.

Is there a programme or preventative work in the home country to deter forced marriages (e.g. education and awareness raising campaigns)?

The Ministry of justice is the central governmental body in the home country working http://www.regeringen.se/content with prevention of forced marriages. First and foremost they develop a legal basis to /1/c6/03/39/69/047f255f.pdf prevent forced marriages. Together with other governmental authorities this work is complemented by among other initiatives seminars, studies, equality projects, education for parents, a website, deepened dialog with religious bodies and international cooperation.

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SWEDEN ISSUES

INFORMATION AVAILABLE

SOURCE

Is there a policy to intervene overseas when child abduction is suspected? If yes, what type of intervention?

There are a number of different international agreements trying to prevent child www.regeringen.se abduction and resolve conflicts. The most important one is the 1980 Hague convention on international child abduction between Sweden and 65 other countries. The Ministry for Foreign Affair assist in all child abduction cases upon request. However, the chances of brining a child back are higher if the child has been abducted to a country that Sweden has an agreement with. In cases where a child is abducted overseas the Swedish authority can upon request from a parent or legal representative contact the central authority specified in the agreement for the country where the child is. In turn that authority contact the parent or the person that is suspected to have the child. The opposite procedure takes place if the a child have been abducted from overseas to Sweden.

OTHER FORMS OF ASSISTANCE TO DISTRESSED NATIONALS Financial assistance

The following groups are eligible for financial assistance

ƒ

Eligibility for financial assistance

ƒ

Swedish citizens who also are residents in Sweden.

ƒ

Refugees and stateless person who are residents in Sweden.

ƒ

Type of assistance (loan, grant)

ƒ

Under special circumstances foreign citizens who are residents in Sweden and Swedish citizens who are residents in a foreign country.

ƒ

Foreigners who work themselves or have a close person who work in Sweden could get assistance based on European Community Law and EEA.

http://www.notisum.se/rnp/SLS/ LAG/20030491.HTM

Assistance are given in three cases ƒ

To cover necessary costs of persons in a distressed situation. The situation should not be self-inflicted.

ƒ

To pay legal costs of a prisoner that for a special reason is in need of such assistance. (An example of a special reason is risking death penalty).

ƒ

To pay legal costs of a victim of crime.

All financial assistance is given as loans. Information on local laws, etc.

General information is given but no advice. In case nationals need advice they are Interview with Christina Palm forwarded to lawyers and authorities in the country. 68

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SWEDEN ISSUES

INFORMATION AVAILABLE

SOURCE

MAJOR CRISES OR MASS EVENTS Office(s) responsible for The responsibility stays with the Department for Consular Services and Civil Law. In Interview with Christina Palm. consular assistance in major case it needs assistance the responsibility moves up one level to the Ministry for Foreign crises or mass events Affairs. In crises of the magnitude of the Tsunami, even the Prime Minister’s Office is involved. Apart form the governmental offices that take on responsibility; a crises group appropriate for the particular situation is set up. Deployment of staff

The number of staff that becomes involved with handling the crisis varies from case to Interview with Christina Palm case. Still, there is no staff on standby to travel overseas. Both people in the home country and the effected region are deployed. The staff that is mobilised are both generalists and specialists. There is almost no training, except from small-scale crises management courses on individual embassies at times.

Information provision ƒ

Telephone hotline in the home country: staffed 24-hours or not

ƒ

IT – i.e. fully operational casualty logging system

Specific actions to assist repatriation of ill or dead nationals in event of major crises).

There are consular on-call duty persons working from home and a person that is on Interview with Christina Palm watch at the Ministry of Foreign Affairs in Sweden that are reachable via telephone 24 hours. If these positions cannot handle the amount of incoming calls, the group is extended and thereafter the switchboard of the government is used for further back up. If this is not enough, a call centre will be activated. The only IT-system in use at the moment is the website. The Swedish consular services assist with all the mentioned issues, medical transport, Interview with Christina Palm medical care, identification of victims and home transport of the deceased. These services are charged for. Financial assistance can be given in form of loans.

Are these services provided free or charged for? ADDITIONAL INFORMATION Information on client satisfaction (e.g. surveys)

No

Interview Christina Palm

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SWEDEN ISSUES

INFORMATION AVAILABLE

SOURCE

Have you developed IT-based systems to record and to progress consular assistance cases?

No, but would like to and are trying to.

Interview Christina Palm

Based on Swedish migration statistics, it is estimated that about 200 000 Swedes are living abroad. However, an analysis of statistics from other countries statistical offices and estimations for countries from which there is no information available estimates the number to be closer to 300 000. The discrepancy can be due to that there are around 100 000 Swedes that temporarily live abroad.

http://www.scb.se/templates/pres sinfo____117039.asp

POPULATION SERVED Estimated number of citizens living abroad

Efterkrigstidens inoch utvandring ( Demografiska rapporter 2004:5)

Estimated number of citizens travelling abroad

No information available.

Number of requests for consular assistance

The Department for Consular Services and Civil Law does not have any statistics on this Interview with Christina Palm centrally, since local units that are not obliged to report any such figures give most of the assistance. What the Department does know is the number of cases per year that the national base office are involved in this. This figure is estimated to be around 4 500 cases per year. In general there are no collected statistics that are reliable. However some information is Interviews with Christina Palm available on a few of the issues. This information is presented below. and Monica Olsson

Do you collect data on the number of: -

deaths registered overseas

ƒ

The Department for Consular Services and Civil Law count on that there are about 800 Swedish citizens dying overseas each year.

-

citizens hospitalised abroad

ƒ

The Department for Consular Services and Civil Law count on that there are about 160-200 Swedes detained or imprisoned outside the Nordic countries.

-

citizens detained or imprisoned abroad

ƒ

No information available about the number of medical evacuation cases, but according to the interviewee they are very few.

-

medical evacuation cases

-

passport applications by

ƒ

In 2004 there were around 32 000 passport applications and 8 500 temporary

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SWEDEN ISSUES citizens abroad -

traveller emergency loans

-

whereabouts cases; and

-

repatriation cases?

INFORMATION AVAILABLE SOURCE passport applications by citizens abroad, according to the Ministry for Foreign Affairs. ƒ

No information available about the number of traveller emergency loans. However the funding for these types of loans is about 1-1,2 million SEK per year.

On the following issues there are no information at all: ƒ

citizens hospitalised abroad.

ƒ

whereabouts cases.

ƒ

repatriation cases.

UNITED KINGDOM ISSUES

INFORMATION AVAILABLE

SOURCE

ORGANISATIONAL SETTING National office responsible for consular services, and its position within government

Foreign and Commonwealth Office

Form of the consular network:

Approximately 250 Embassies, consulates and High Commissions worldwide in Check whether possible to obtain number of embassies, honorary approximately 190 countries. consuls etc 231 Honorary Consuls.

ƒ

ƒ

types of posts (e.g. embassies, consulates, honorary consulates)

Consular strategy and FCO departmental report.

number of posts per type

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SOURCE

Number of staff delivering consular services:

885 staff in man years, of which 146 are London-based.

This figure is based on full time equivalent man-years, not number of staff.

ƒ

in national base office

ƒ

at overseas posts (including locally engaged staff)

Are there dedicated training courses in consular services, available to all consular staff? Are there other ways in which you spread good practice in consular work?

Of the 730 overseas staff, more than 600 are locally engaged.

Training offered to all UK based staff prior to posting.

Interviews with Consular Training is also available for duty officers, but not all duty officers complete training Directorate (CD). prior to posting. Courses appear to be well received. Locally engaged staff can apply to go on courses after starting work at Post. There is much variation in the time between taking up post and undertaking formal training. Some consular staff have never had formal training although Consular Directorate is trying to accommodate all requests. Some Locally engaged staff are trained in London, some at regional training courses, many in the last 2-3 years. A new honorary consuls course has just been established. Also spread good practice through a monthly consular newsletter, and a consular handbook.

Degree of global coverage of the consular network, including information on the main gaps

UK is generally well represented all over the world. South America is less well represented (and representation is reducing further). There is also a small number of other countries with no representation, such as Laos, Cook Islands, esp. in the south pacific.

What mechanisms are in place to ensure your nationals’ access to consular services where there are gaps in your consular network?

Where gaps - For routine services, British nationals are directed to nearby embassies Website and interview (passport applications, enquiries etc). For assistance cases, UK has agreements with other EU or Commonwealth countries to provide assistance to UK nationals.

Does your organisation provide consular assistance for other

Yes.

Visits to posts. No information available centrally. 72

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UNITED KINGDOM ISSUES states’ nationals in countries where they are not represented? If so: ƒ

In addition to EU agreements, are these governed by other formal agreements, or by local informal arrangements?

ƒ

What are the main examples?

ƒ

Do you have figures on the extent of this support, including unrepresented EU nationals?

INFORMATION AVAILABLE

SOURCE

Many posts have long standing arrangements regarding whom they will provide consular services for. Many posts cannot find any written agreements of these arrangements. The centre does not have a record of where agreements are held. UK often acts for Commonwealth and EU countries. Most commonly Australians, Irish, Nigerians, New Zealanders, Canadians, Ghanaians Where practical, EU represented countries “divide up” assistance for unrepresented countries between them. FCO centrally has difficulty in providing figures for the extent of this support. We have found in our post visits that it varies widely between posts. Some posts only spend 2% of their time on unrepresented nationals; others spend closer to 40% of their time. The former is more typical.

FINANCE AND FUNDING Budget available for consular services, i.e. total costs of consular services (latest financial year). Sources of funding of consular services

£39.3 million in 2003-04

Consular strategy

Funding is from overseas passport fee income, income from other services, and a “consular premium” element (approximately £9.65) of the cost of every passport issued in the UK and overseas.

Consular strategy

£0.65 of every passport is paid into the Emergency and Development relief fund – a contingency for costs of major events Policy regarding charging of recipients of services: Criteria for charging recipients (e.g. full cost recovery?)

FCO aims to recover full cost of passport issue through passport fee, (in line with normal UK govt practice to recover full costs to recipients of services, as opposed to general taxation). This has not been achieved in recent years so fees are now rising. Charges for legalisation – full cost recovery 73

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INFORMATION AVAILABLE

Type and amount of fee charged, e.g. for:

SOURCE

ƒ

Passports issued overseas

Consular assistance is funded from the consular premium, has been a surplus in recent years. Charges such as out of hours call out fee is primarily a deterrent against constant call outs in non-emergency cases.

ƒ

Legalisation of documents

See attached consular fee order for details of fees.

ƒ

Support for distressed nationals overseas; if so charged in what circumstances?

TRAVEL ADVICE Number of countries covered by advice

216 countries

Most notable exceptions

None obvious

Frequency of reviewing/updating travel advice

Formal procedure is updates or review at least quarterly.

ƒ

Formal procedure or target

ƒ

Actual number of revisions (year for which most recent data are available)

Issues covered in travel advice

Actual revisions within 2003-04 = 2512, a mean average of 11 changes per post. Quite variable, the mean is raised by revision for transport disruption and strikes in major countries like France, Italy, US, Spain, (30-50 each). Median – 9.

See Table 9 in Volume I

Actual developments regarding None. Travel advice is formulated based on information received from posts and the formulation of travel advice, intelligence information. e.g cooperation with other It is set out in a consistent and standard format for each post. countries to harmonise travel advice? ISSUING OF PASSPORTS

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Spreadsheet of travel advice updates, held by travel section

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INFORMATION AVAILABLE

SOURCE

Procedure for issuing of passports at Posts overseas:

Passports issued at 159 posts overseas.

Summary statistics database.

ƒ

ƒ

Facilities for issuing passports at overseas posts (all, some, or no posts) Recent changes in the procedures (if any)

Duration for handling passport applications (regular procedure): ƒ

Turnaround time target (days)

ƒ

Indicated turnaround time (e.g. on website)

ƒ

Actual average turnaround time

ƒ

Variation among posts (if any) e.g. if some posts remit passport applications elsewhere for processing?

Procedures regarding emergency travel documentation: ƒ

ƒ

What type(s) of emergency travel documentation do you issue? What is the actual turnaround time?

Standalone posts = 82 Hubs (process applications received by others) = 21 Spokes (send applications to hubs for processing) = 38 Emergency passports (for return home only) only = 18 Turnaround target time = 5 days, expected to be increased to 10 days in line with UK passport issue. We found variation in the actual turnaround time for applications. Some posts generally return passports to customers within 24 hours; others allow the full 5 days before collection. At one post we visited regularly took up to 3 months to process applications. At posts where the application is sent to another country for processing, the total turnaround time is longer than 5 days.

Most posts issue emergency passports, but there is variation in the number issued between posts. Some do not issue these as the host country government does not accept them as travel documents. Emergency passports are valid for one journey only, via a specified route. For nationals of other countries or when emergency passports are not accepted, “lookalike” full passports with restricted validity are sometimes issued instead. Passport officer can determine the length of time for which look-alike passports are valid. 75

Published targets. Data recorded at posts to record actual turnaround time. Interviews with staff to discuss information given to customers

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ƒ

SOURCE

For which period of time are these documents valid?

What is the policy regarding incomplete applications? ƒ

INFORMATION AVAILABLE

Do staff return incomplete applications or provide help in completing them? Do you charge for unsuccessful or withdrawn passport applications?

Future plans regarding issuing passports, for example plans regarding use of biometrics. If yes, to what extent will overseas posts be involved in issuing such passports?

Most posts have accepted incomplete applications and held them pending receipt of missing evidence etc from the applicants. Some very busy posts have started refusing to accept incomplete postal applications where this was leading to large numbers of pending cases being held – now incomplete applications returned by post. No charge is made for unsuccessful applications. The application fee is refunded. A non-refundable administration charge is being considered

UK plans to introduce biometric passports in two stages, The first stage is simply photo biometric data, piloted 9/05, implanted 4/06. The second phase will include fingerprint information or iris scanning. The UK has not yet decided the extent to which overseas posts will be involved in issuing passports in the second phase. But implications will be much more severe than phase 1.

ASSISTANCE TO DISTRESSED NATIONALS Basis for delivering these services: ƒ

Primary legislation/consular law?

ƒ

Published charter?

ƒ

Internal manual/guidance?

Overview of types of services delivered. Are there targets for this work, such as the timescale within which distressed

Basis is internal manual and guidance. No formal consular law or charter. Fees and charges are set by consular law.

See Table 11 in Volume I

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UNITED KINGDOM ISSUES nationals should be contacted and offered assistance?

INFORMATION AVAILABLE

SOURCE

Criteria to be eligible for these services

Do not generally provide consular services to long-term residents in the UK but who are not British. May provide assistance indirectly if they are related to a British person. Generally do not provide assistance to dual nationals in the country of their second nationality unless there are extenuating circumstances (such as death row cases or miscarriages of justice) No specific circumstances where nationals are not provided with some help. But the form of help may vary. For example, a national who becomes ill overseas will not generally repatriated at FCO expense. The individual or family will be required to pay if not insured. But for unusual events such as tsunami or terrorist events such costs are met by FCO.

Are standards of consular service deliberately varied from country to country because some countries are more difficult and higher risk for distressed nationals than others? If so how is this done?

Yes. Prison visiting is an obvious example. Prisoners detained outside the EU are seen more regularly than those held in EU countries. Different posts have evolved different policies re hospital visiting, without much direction from the centre. Generally, where medical facilities are good, medical staff speak English or the individual has a good family network in country, contact is by telephone rather than visiting. Physical proximity of the post to the distressed national is also a factor in practice, for prisons and “medicals”. Variation in the number of financial assistance loans given. For example, more likely to be given in Islamabad as forced marriage victims are less likely to have family who can support them financially. Many posts have small “benevolent funds” from charitable sources.

DISTRESSED NATIONALS – PRISONERS Procedures regarding services offered to prisoners by posts ƒ

Formal standards for

Standards vary according to the country of imprisonment. Basic policy is as follows: Prisoners inside the EU are visited once as soon as possible after arrest and then every 77

Check prison policy

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Actual situation: standards met by all, some, none of the posts?

ƒ

Any regional variation in type of services offered, to reflect differing local circumstances or risks?

Types of services offered ƒ

ƒ

Ensure that the UN Standard Minimum Rules for Treatment of Prisoners are met (incl. rules on food, living circumstances, medical treatment, prohibition of corporal punishments, etc.) Additional services offered: -

financial assistance?,

-

legal assistance?

-

welfare e.g. mail delivery, vitamins, cigarettes?

-

others? (Please specify).

INFORMATION AVAILABLE 3 months until sentencing. Upon sentencing they are visited once and then not again unless requested. Prisoners outside the EU are visited as above prior to sentencing, and then at least yearly after sentencing. Actual frequency of prison visiting varies. Columbia – monthly to provide shopping. Cambodia – quarterly.

General focus of visit is to ensure that: ƒ

prisoner is in good health with access to appropriate medical treatment

ƒ

prisoner has adequate funds and food

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prisoner is being fairly treated

ƒ

legal process of trial and appeal is being followed correctly

Prison visits sometimes also bring newspapers and books, and pass messages and mail to family and friends. There are prisoner transfer agreements in some countries. FCO attempts to establish as many of these as possible, but prisoners often elect not to transfer.

DISTRESSED NATIONALS REQUIRING ACUTE MEDICAL TREATMENT/HOSPITALISATION 78

SOURCE

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INFORMATION AVAILABLE

Services offered to patients

No standards set out by FCO other than speed of visit if required (within 48 hours). The circumstances in which individual should be visited is not clear-cut.

ƒ

ƒ

ƒ

Formal standards for when/how often patients are visited Actual situation: standards met by all, some, none of the posts? Regional variation (if any)

SOURCE

In practice there is much variation between the extent of contact and visiting practices. This partly depends on the accessibility of the person and the size of the country, as well as the quality of medical conditions. Many posts do not visit when friends or family are present unless there is a “clear need”. They focus attention on any accidents where the person does not speak the language or is alone in country. Other posts do visit as a matter of course – taking the view that face-to-face contact is the best way to establish need and to register their presence.

Repatriation of ill or dead nationals ƒ

Putting parties in touch with specialist companies (e.g. medivac/funeral directors).

ƒ

More active assistance in country

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Financial assistance with repatriation: if so, in which circumstances?

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Reception arrangements in the home country. Are these provided by the foreign ministry, the voluntary sector or other government bodies?

FCO will: ƒ

Liaise with next of kin regarding arrangements for dealing with the body, including local disposal or repatriation

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Provide families with lists of English speaking and international funeral directors

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Advise on the costs of different options, facilitate money transfers

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Obtain the necessary legal certifications from host country government

FCO cannot pay for repatriation or funeral expenses. (except in exceptional circumstances) Some examples in practice of FCO arranging and even attending local funerals.

DISTRESSED NATIONALS - FORCED MARRIAGES AND CHILD ABDUCTIONS 79

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INFORMATION AVAILABLE

SOURCE

Is there a policy to intervene overseas when a forced marriage is suspected? If yes, what type of intervention?

Yes. Post will make contact with individual if possible. If necessary, they will visit the individual in their family (with a police escort) and ask whether they wish for consular assistance. Posts rely on NGOs to accommodate victims of intended forced marriage until repatriation to the UK. The NGO also provides counselling. Post will assist the victim with repatriation, including a loan of financial assistance if necessary.

Is there a programme or preventative work in the home country to deter forced marriages (e.g. education and awareness raising campaigns)?

Yes. Approximately 50 “outreach” events in the UK per year. The police also do outreach work on this issue.

Is there a policy to intervene overseas when child abduction is suspected? If yes, what type of intervention?

FCO assistance is limited. It can issue warnings to all ports if abduction is suspected. Once removed from the country, FCO’s role is to facilitate a fair hearing to decide the future of the child. It will avoid issuing passports when child custody is disputed. FCO has established agreements with some countries that the custody hearing should be in the country of the child’s habitual residence. In other countries, FCO merely facilitates where possible. In some cases it can carry out welfare checks on the child.

OTHER FORMS OF ASSISTANCE Financial assistance ƒ

Eligibility for financial assistance

ƒ

Type of assistance (loan, grant)

Information on local laws, etc., e.g.:

Financial assistance is rarely offered. Posts attempt to ensure that individual is selfsupporting, and contact friends and family to raise funds. When no such assistance can be offered by others, FCO may issue an “undertaking to repay” and loan the individual the money either retaining the passport or recording the UTR on their passport systems. Financial assistance is occasionally offered as part of “exceptional package” for families of victims of terrorism or natural disasters such as the tsunami FCO does provide advice on pensions rights to individual living overseas but entitled to UK pensions. Posts do also provide a range of information on a wide range of 80

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UNITED KINGDOM ISSUES ƒ

Advise on purchasing property

ƒ

Advice on tax regimes

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Advise on pension rights

INFORMATION AVAILABLE enquiries about driving abroad, buying property, getting married etc though the availability of guidance notes does vary a lot between posts. The number of such queries varies between posts. In some posts a high level of enquiries are received.

MAJOR CRISES OR MASS EVENTS Office(s) responsible for consular assistance in major crises or mass events

Crisis management unit at FCO takes lead responsibility, under the Head of Crisis Group.

Deployment of staff

London has emergency response teams of 11 members to handle calls received in London in the event of an emergency.

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Number of staff (incl. number of staff on standby to travel overseas in event of a major crisis)

ƒ

Deployed from home country or from the affected region?

ƒ

Type of staff (e.g. generalist consular officers, or any specialists such as medical staff, police)

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Training of staff

Information provision ƒ

Telephone hotline in the home country: staffed 24hours or not

A UK-govt wide Ministerial cabinet group for responding to emergency, called COBRA

There is also a list of 140 FCO staff with consular experience who have registered to help as volunteers in a crisis. It also has three teams of 12 people in rapid deployment teams. One team is on call at any one time. This force may be enhanced. The team comprises FCO staff who do not work in consular directorate but who have consular training and experience. In addition, posts are asked to identify possible sources of additional help from regional posts in the event of a crisis. For example, Staff in Thailand would help in Phnom Penh in the event of an emergency.

Telephone hotline staffed within 1 hour of an emergency. If call volume is too high, calls are transferred to incident desk at the London police training centre, which has more capacity to deal with calls. Information is recorded on police missing persons forms to aid transfer into police 81

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IT – i.e. fully operational casualty logging system

Specific actions to assist repatriation of ill or dead nationals in event of major crises). Are these services provided free or charged for?

INFORMATION AVAILABLE SOURCE information if required. [There have been some examples of the information not being collected accurately or being incomplete in the case of crises]. Assistance package for major events includes:

Unclear how the presence of this ƒ business class flights for two relatives to country and hotel accommodation for 5 more generous package will affect policy towards other distressed nights groups not normally helped to this ƒ assistance with repatriation of injured or deceased person extent, such as victims of coach or ƒ emergency medical treatment aircraft crashes, relatives of individuals murdered abroad, and ƒ counselling on return to UK so on. This package had originally been intended to be provided in cases of terrorist activity, but has since been extended in the case of the Indian ocean tsunami

ADDITIONAL INFORMATION Information on client satisfaction (e.g. surveys)

FCO recommends that posts carry out customer satisfaction surveys for Personal Callers only, on a quarterly basis. Many posts (69%) do not do this. And this info is not collated at the centre. Generally includes info on waiting times, satisfaction with service and facilities, comments on how to improve local service, etc.

Have you developed IT-based systems to record and to progress consular assistance cases?

UK is currently introducing COMPASS, a casework management tool developed from the Canadian tool. This is currently operational in approximately half of posts, but there is great variation in the extent to which these posts are using Compass. Many issues in terms of training, and system performance due to problems with the underlying infrastructure.

POPULATION SERVED Estimated number of citizens living abroad

15 million

Estimated number of citizens travelling abroad

Posts provide an estimate of the number of travellers to their consular area. See attached data sheet 2003-04

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INFORMATION AVAILABLE

Number of requests for consular assistance

See data summary sheet 2003-04

Do you collect data on the number of:

Yes. See attach data summary for 2003-04

ƒ

death registered overseas

ƒ

citizens hospitalised abroad

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citizens detained or imprisoned abroad

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medical evacuation cases

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passport applications by citizens abroad

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traveller emergency loans

ƒ

whereabouts cases; and

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repatriation cases?

SOURCE

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INFORMATION AVAILABLE

SOURCE

ORGANISATIONAL SETTING National office responsible for consular services, and its position within government

The Department of State is responsible for consular services. Within the department, the Bureau of Consular Affairs is directly charged with consular issues.

Form of the consular network:

The State Department states that there are over 160 Embassies, 60 Dept of State Pub 10176, Rev June 94 US Consulates General, and 20 US Consulates in the world. At http://www.travel.state.gov/travel/ tips/embassies/embassies_1214.html, there are 149 Embassies, 36 Consulates General, and 12 Consulates listed.

ƒ

types of posts (e.g. embassies, consulates, honorary consulates)

ƒ

number of posts per type

Number of staff delivering consular services: ƒ

in national base office

ƒ

at overseas posts (including locally engaged staff)

The number of directly funded staff to “assist American citizens to US Dept of State and USAID, FY2006 Performance Summary, travel, conduct business, and live abroad security is: (around the pg 150. world) Interview with J. Shuler, US State Dept, 20 Apr 05. 276 direct-funded staff (in 2004) 275 estimated staff (for 2005) (This is staff based both in the US and overseas who directly work on consular issues. The breakout of these numbers are: In US: ~115 staff Overseas: ~160 staff) 275 requested staff (for 2006)

Are there dedicated training courses in

All consular services staff undergo the standard foreign service Interview with J. Shuler, US State Dept, 20 Apr 05. officer training; additionally they receive 6 weeks of consular 84

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UNITED STATES ISSUES consular services, available to all consular staff? Are there other ways in which you spread good practice in consular work?

INFORMATION AVAILABLE SOURCE services-specific training covering passport, visa, overseas citizen services, international abduction, and ‘victims’ of crime training.

Degree of global coverage of the consular network, including information on the main gaps

There are 260 foreign posts abroad with consular officers; Dept of State Pub 10391, Rev 1996 additionally, there are consular agents in 46 cities w/o US Interview with J. Shuler, US State Dept, 20 Apr 05. embassy/consulate

What mechanisms are in place to ensure your nationals’ access to consular services where there are gaps in your consular network?

N/A as consular services are provided throughout the network. Interview with J. Shuler, US State Dept, 20 Apr 05. The US does have consular agents and honorary counsels in remote areas far away from consular offices.

Does your organisation provide consular assistance for other states’ nationals in countries where they are not represented?

The US has arrangements with other nations to provide limited Interview with J. Shuler, US State Dept, 20 Apr 05. services during emergencies (primarily in evacuation situations).

Mid-level consular officers also undergo an enhanced consular course (of approximately 6 weeks duration) at around the 10-year mark of their career. Additionally, consular officers undergo routine supplemental training

Main gaps include: Cuba, Taiwan (in Taiwan there is an American Institute of Taiwan who promotes US interests and provides consular-type services), North Korea (Sweden provides protecting power arrangements), Iran (Switzerland provides protecting power arrangements), Libya (Belgium provides protecting power arrangements); Poland used to provide protecting power arrangements in Iraq.

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INFORMATION AVAILABLE

SOURCE

FINANCE AND FUNDING Budget available for consular services, i.e. total costs of consular services (latest financial year).

Operating funds to “assist American citizens to travel, conduct business, and live abroad securely totalled:

Sources of funding of consular services

Funding for consular services come from both Department of Interview with J. Shuler, US State Dept, 20 Apr 05. State Appropriations Act resources and Foreign Operations Resources, where applicable

$55,212,000 (FY 2004 Actual)

From US State Dept and USAID FY2006 Performance Summary, pg 150. Funds come from Dept of State Appropriations Act Resources and Foreign Ops Resources

$56,566,000 (FY 2005 Estimate) $58,736,000 (FY2006 Request)

The vast majority of fees do not return to the department but instead go to the general treasury fund; limited fees are returned to the department (for example, expedited fees for passport, certain visa fees )for use in increasing service standards. Policy regarding charging of recipients of services: ƒ

ƒ

Criteria for charging recipients (e.g. full cost recovery?) Type and amount of fee charged

Fees include:

Fees found at:

Passport application: $40/55 (under/over 16)

www.travel.state.gov/about/info/

Report of Birth of US Citizen abroad: $65

customer/customer_313.html

No fee for arrest and prison visits, welfare/whereabouts of US Citizen (inc. child custody), repatriation/emergency loans, providing Consular Report of Death

Interview with J. Shuler, US State Dept, 20 Apr 05.

Notarial service: $30/20 (first seal, 2nd+ seals/each)

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fees based on cost of services, done every 2 years historically

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INFORMATION AVAILABLE

SOURCE

Number of countries covered by advice

170 countries

Dept of State Pub 10391, Rev 1996

Most notable exceptions

North Korea

Frequency of reviewing/updating travel advice

All travel advice updated within 6 months (2004) or as needed

http://www.travel.state.gov/travel/cis_pa_tw/cis/cis_1765.html

Past record of annual updates—100% (2005), 100% (2004), 85% (2003), 86% (2002), 76% (2001), 64% (2000)

FY 2005 Performance Summary, pg 139.

Issues covered in travel advice

See Table 9 in Volume I

Actual developments regarding the formulation of travel advice, e.g. cooperation with other countries to harmonise travel advice?

The US has three means to disseminate information:

TRAVEL ADVICE

ƒ

Consular information sheets (updated six-monthly

ƒ

Travel warnings (longer-term, serious situations)

ƒ

Public announcements (short-term)

Interview with J. Shuler, US State Dept, 20 Apr 05.

Interview with J. Shuler, US State Dept, 20 Apr 05.

Both travel warnings and public announcements have expiration dates The US does talk to other countries, but is focused on disseminating information to the US traveling public.

ISSUING OF PASSPORTS Procedure for issuing of passports at Posts overseas

Overseas consular services adjudicate passport applications, Interview with J. Shuler, US State Dept, 20 Apr 05. collect payment, and then send them electronically to the US for production; the returned passports are then distributed by embassy

Duration for handling passport applications (regular procedure)

The State Department uses # of business days needed to issue 90% of passport applications as its metric: Target FY2006: 90% of passports issued w/in 15 business days of 87

FY2006 Performance Summary, pg 155 Interview with J. Shuler, US State Dept, 20 Apr 05.

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INFORMATION AVAILABLE receipt

SOURCE

Target FY2005: 90% issued w/in 19 business days of receipt Result FY2004: 90% issued w/in 21 days of receipt Result FY2003: 90% issued w/in 23 business days of receipt

Under newly proposed legislation, US citizens will need to use passports for travel everywhere (i.e. to Canada and Mexico) which will lead to an anticipated rise in the number of passports issued.

Procedures regarding emergency travel documentation

Consular offices can issue emergency passports. These have a one-year validity and are not extendable. Emergency passports can be issues in a matter of hours.

Interview with J. Shuler, US State Dept, 20 Apr 05.

What is the policy regarding incomplete applications?

Because consular personnel review passport applications prior to sending them to the US for production, they can ask for the missing information.

Interview with J. Shuler, US State Dept, 20 Apr 05.

Unsuccessful/withdrawn passport applications do not incur a fee (largely because they are not processed by consular services at the overseas post if they are missing vital information) Future plans regarding issuing passports, for example plans regarding use of biometrics. If yes, to what extent will overseas posts be involved in issuing such passports?

One of the main US passport goals is to introduce biometric FY2006 Performance Plan, pg 154 information into all passports. The schedule to achieve this is: Target FY2006: All domestically issued passports contain biometric info (by end of FY) Target FY2005: Pilot test of biometric passports beginning in mid-2005 Result FY2004: Procurement of Biometric passports underway. Software for biometric passports developed and tested

ASSISTANCE TO DISTRESSED NATIONALS Basis for delivering these services

The State Department will provide us with specific legislation. The US Consular Convention and the Foreign Affairs Manual

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INFORMATION AVAILABLE (Chap 7) provide guidance.

Overview of types of services delivered. Are there targets for this work, such as the timescale within which distressed nationals should be contacted and offered assistance?

See Table 9 in Volume I

Criteria to be eligible for these services

No, non-nationals do not receive services.

SOURCE

Interview with J. Shuler, US State Dept, 20 Apr 05.

Yes, American citizens are entitled to services (however, these services may not be as effective in a country where they are also a second-national) No, American citizens are always helped

Are standards of consular service deliberately varied from country to country because some countries are more difficult and higher risk for distressed nationals than others? If so how is this done?

Standards are the same in all countries; however the effectiveness of the services may vary because of the nature of the country.

Interview with J. Shuler, US State Dept, 20 Apr 05.

DISTRESSED NATIONALS – PRISONERS Procedures regarding services offered to prisoners by posts

The US aims to visit all prisoners on a quarterly basis.

NAO Visit to DC, Memo 8 Mar 05

This is true in practice, although prisoners may be visited more often, if circumstances warrant.

Interview with J. Shuler, US State Dept, 20 Apr 05.

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Types of services offered

Yes, of primary concern are instances when prisoners may be Interview with J. Shuler, US State Dept, 20 Apr 05. treated less well because they are US citizen Consular services may provide supplemental funding (in the form of a loan) for food No funding is provided for legal assistance. May receive welfare services to the extent possible.

DISTRESSED NATIONALS REQUIRING ACUTE MEDICAL TREATMENT/HOSPITALISATION Services offered to patients

There are no set standards regarding visiting hospitalised nationals, but officials expected to err on side of caution

NAO memo from DC visit, 8 Mar 05

Repatriation of ill or dead nationals

Ill/dead nationals receive no special treatment; however there is a Interview with J. Shuler, US State Dept, 20 Apr 05. comprehensive programme for all distressed nationals (highlighted below). Embassies will actively facilitate discussions with specific companies and the ill/dead national’s representatives. For life-threatening injuries, citizens’ services explores possibilities and looks for best place to send them to (and may issue a repatriation loan, if needed)

DISTRESSED NATIONALS - FORCED MARRIAGES AND CHILD ABDUCTIONS Is there a policy to intervene overseas when a forced marriage is suspected? If yes, what type of intervention?

There is not a policy specifically for forced marriage, but consular services will intervene any time they suspect an American citizen’s rights are being restricted (which applies to forces marriage)

Is there a programme or preventative work in the home country to deter

Consular services does not provide this, but it is likely that USAID Interview with J. Shuler, US State Dept, 20 Apr 05. does

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UNITED STATES ISSUES forced marriages (e.g. education and awareness raising campaigns)?

INFORMATION AVAILABLE

SOURCE

Is there a policy to intervene overseas when child abduction is suspected? If yes, what type of intervention?

Consular services are very committed to this issue. They stood up FY2006 Performance Plan, pg 156 an Office of Children’s Issues in 1994 and prevention unit in Interview with J. Shuler, US State Dept, 20 Apr 05. 2002. There is a requirement for both parents to sign passport applications for children under 14 years old and parents can block US passport issuance to child (if abduction is suspected); all parental child abduct case officers capped at 75 by legislation and there is an aggressive outreach/education programme to deter child abduction. The US is a member of the Hague Abduction Convention and works with member and non-member nations to minimize the number of international child abductions.

OTHER FORMS OF ASSISTANCE TO DISTRESSED NATIONALS Financial assistance

Consular services has a standard process to assist distressed Interview with J. Shuler, US State Dept, 20 Apr 05. nationals. They determine if the national has funds of their own, they then contact 3-5 US-based contacts to attempt to get funds; there is a citizen services trust programme to facilitate the transfer of funds overseas.

Information on local laws, etc.

All embassies have lists of general information (such as lists of Interview with J. Shuler, US State Dept, 20 Apr 05. attorneys) to assist with local information.

MAJOR CRISES OR MASS EVENTS Office(s) responsible for consular assistance in major crises or mass events

There is a duty officer who is responsible for this on a daily basis.

Deployment of staff

In the event of a crisis, there are crisis response teams (12 people) Interview with J. Shuler, US State Dept, 20 Apr 05. on alert to initially staff a task-force.

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Interview with J. Shuler, US State Dept, 20 Apr 05.

International review of consular services

RAND Europe

UNITED STATES ISSUES

INFORMATION AVAILABLE

SOURCE

Additionally there is a national call centre to screen calls for assistance that then forward calls onto the response teams. If necessary, response teams are also available to fly to the crisis area; they are specially trained consular officers who liaise with specialists (such as the police, medical staff, etc.) as needed Information provision ƒ

Telephone hotline

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IT – i.e. fully operational casualty logging system

Specific actions to assist repatriation of ill or dead nationals in event of major crises)

The US has a computer system called CRISIS to update Interview with J. Shuler, US State Dept, 20 Apr 05. information related to mass crisis events. The national call centre can be extended to operate 24 hours a day, if needed.

The same standard processes are used in a mass crisis, but on a Interview with J. Shuler, US State Dept, 20 Apr 05. much larger scale

Are these services provided free or charged for? ADDITIONAL INFORMATION Information on client The American Consumer Satisfaction Index (ACSI) measures http://www.theacsi.org/government/govt-all-04.html satisfaction (e.g. surveys) satisfaction on passport applications/renewals. Results are: 76% satisfied (2004), 75% (2003), NA (2001-02), 76% (2000), 73% (1999) Have you developed ITbased systems to record and to progress consular assistance cases?

Yes, the US is currently on its 2nd version of case management NAO Visit to DC memo, March 2005 software to allow web-based network capabilities. There is Interview with J. Shuler, US State Dept, 20 Apr 05. currently a computer programme to manage cases. The next version will be web-based to allow better service.

POPULATION SERVED

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RAND Europe

International review of consular services

UNITED STATES ISSUES

INFORMATION AVAILABLE

SOURCE

Estimated number of citizens living abroad

There are an estimated 3.2 million Americans living abroad.

FY2006 Performance Summary, pg 150

Estimated number of citizens travelling abroad

Americans took 60 million trips abroad in 2005.

Number of requests for consular assistance

Unknown

FY2006 Performance Summary, pg 150 + An almanac suggested 23,397,000 Americans travelled abroad in www.infoplease.com /ipa/A0778210.html 2002 Interview with J. Shuler, US State Dept, 20 Apr 05.

Do you collect other data There are approximated 6000 deaths registered per year. The Dept of State Pub 10252, Rev 2002 (deaths) on the population served majority are long-term overseas residents. American Citizen Dept of State Pub 10252, Rev 2002 (arrests) Services assists with the return of 2,000 remains annually. Dept of State Pub 10252, Rev 2002 (loans) Each year about 2500 Americans are arrested abroad, of which Dept of State Pub 10252, Rev 2002(whereabouts) 30% is drugs-related. Each year ACS makes $500,000 in emergency loans and assists in Interview with J. Shuler, US State Dept, 20 Apr 05. the transfer of $3 million per year in private emergency funds Americans make about 12,000 inquiries about the welfare of citizens abroad per year. There are 1000 cases of child abduction reported per year.

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