Government Advice: The Office of Overseas Citizens Services When You Need Help May 2002

OVERSEAS CITIZENS SERVICES

OVERSEAS CITIZENS SERVICES

Overseas Citizens Services (OCS) in the State Department's Bureau of Consular Affairs is responsible for the welfare and whereabouts of U.S. citizens traveling and residing abroad. OCS has three offices: American Citizens Services and Crisis Management, the Office of Children's Issues and the Office of Policy Review and Interagency Liaison.

American Citizens Services And Crisis Management (ACS)

American Citizens Services and Crisis Management corresponds organizationally to American Citizens Services offices set up at U.S. embassies and consulates throughout the world. ACS has five geographical divisions with case officers who assist in all matters involving protective services for Americans abroad, including arrests, death cases, financial or medical emergencies, and welfare and whereabouts inquiries. The office also issues Travel Warnings, Public Announcements and Consular Information Sheets and provides guidance on nationality and citizenship determination, document issuance, judicial and notarial services, estates and property claims, third-country representation, and disaster assistance.

Arrests

Over 2,500 Americans are arrested abroad annually. More than 30% of these arrests are drug related. Over 70% of drug related arrests involve marijuana or cocaine.

The rights an American enjoys in this country do not travel abroad. Each country is sovereign and its laws apply to everyone who enters regardless of nationality. The U.S. government cannot get Americans released from foreign jails. However, a U.S. consul will insist on prompt access to an arrested American, provide a list of attorneys, and provide information on the host country's legal system, offer to contact the arrested Americans family or friends, visit on a regular basis, protest mistreatment, monitor jail conditions, provide dietary supplements, if needed, and keep the State Department informed.

ACS is the point of contact in the U.S. for family members and others who are concerned about a U.S. citizen arrested abroad.

Deaths

Approximately 6,000 Americans die outside of the U.S. each year. The majority of these are long-term residents of a foreign country. ACS assists with the return of remains for approximately 2,000 Americans annually.

When an American dies abroad, a consular officer notifies the next of kin about options and costs for disposition of remains. Costs for preparing and returning a body to the U.S. are high and are the responsibility of the family. Often local laws and procedures make returning a body to the U.S. for burial a lengthy process.

Financial Assistance

If destitute, Americans can turn to a U.S. consular officer abroad for help. ACS will help by contacting the destitute person's family, friends, or business associates to raise private funds. It will help transmit these funds to destitute Americans.

ACS transfers approximately 3 million dollars a year in private emergency funds. It can approve small government loans to destitute Americans abroad until private funds arrive.

ACS also approves repatriation loans to pay for destitute Americans' direct return to the U.S. Each year over $500,000 are loaned to destitute Americans.

Medical Assistance

ACS works with U.S. consuls abroad to assist Americans who become physically or mentally ill while traveling. ACS locates family members, guardians, and friends in the U.S., assists in transmitting private funds, and, when necessary, assists in arranging the return of ill or injured Americans to the U.S. by commercial carrier.

Welfare and Whereabouts of U.S. Citizens

ACS receives approximately 12,000 inquiries a year concerning the welfare or whereabouts of an American abroad. Many inquiries are from worried relatives who have not heard from the traveler. Others are attempts to notify the traveler about a family crisis at home.

Most welfare/whereabouts inquiries are successfully resolved. However, occasionally, a person is truly missing. It is the responsibility of local authorities to investigate and U.S. consuls abroad will work to ensure their continued interest in cases involving Americans. Unfortunately, as in the U.S., sometimes missing persons are never found.

Consular Information Program

ACS issues fact sheets on every country in the world called Consular Information Sheets (CIS). The CIS contains information on entry requirements, crime and security conditions, areas of instability and other details relevant to travel in a particular country.

The Office also issues Travel Warnings. Travel Warnings are issued when the State Department recommends deferral of travel by Americans to a country because of civil unrest, dangerous conditions, terrorist activity and/or because the U.S. has no diplomatic relations with the country and cannot assist an American in distress.

Consular Information Sheets and Travel Warnings may be heard anytime, by dialing the Office of Overseas Citizens Services travelers' hotline at (202) 647-5225 from a touchtone phone. They are also available via Consular Affairs' automated fax system at (202) 647-3000, or at any of the 13 regional passport agencies, at U.S. embassies and consulates abroad, and through the airline computer reservation systems, or, by sending a self-addressed, stamped business size envelope to the Office of Overseas Citizens Services, Bureau of Consular Affairs, Room 4811, U.S. Department of State, Washington, D.C. 20520-4818.

If you have a personal computer and Internet access, you obtain them and other consular handouts and publications through the Consular Affairs website at http://travel.state.gov

Disaster Assistance

ACS coordinates the Bureau's activities and efforts relating to international crises or emergency situations involving the welfare and safety of large numbers of Americans residing or traveling in a crisis area. Such crises can include plane crashes, hijackings, natural disasters, civil disorders, and political unrest.

Children's Issues (CI)

The Office of Children's Issues (CI) formulates, develops and coordinates policies and programs, and provides direction to foreign service posts on international parental child abduction and international adoptions. It also fulfills U.S. treaty obligations relating to the abduction of children.

International Adoptions

CI coordinates policy and provides information on international adoption to the potential parents. In 1994, over 8,000 foreign born children where adopted by U.S. citizens. The Department of State cannot intervene on behalf of an individual in foreign courts because adoption is a private legal matter within the judicial sovereignty of the country where the child resides. This office can, however, offer general information and assistance regarding the adoption process in over 60 countries.

International Parental Child Abductions

In recent years, the Bureau of Consular Affairs has taken action in thousands of cases of international parental child abduction. The Bureau also provides information in response to thousands of additional inquiries pertaining to international child abduction, enforcement of visitation rights and abduction prevention techniques. CI works closely with parents, attorneys, other government agencies, and private organizations in the U.S. to prevent international abductions.

The Hague Convention provides for the return of a child to his or her habitual place of residence if the child has been wrongfully removed or retained. CI has been designated by Congress as the Central Authority to administer the Hague Convention in the United States.

Policy Review and Interagency Liaison (PRI)

The Office of Policy Review and Interagency Liaison (PRI) provides guidance concerning the administration and enforcement of laws on U.S. citizenship, and on the documentation of Americans traveling and residing abroad. The Office also provides advice on matters involving treaties and agreements, legislative matters, including implementation of new laws, conducts reconsiderations of acquisition and loss of U.S. citizenship in complex cases abroad, and administers the overseas federal benefits program.

Consular Conventions and Treaties

PRI works closely with other offices in the State Department in the negotiation of consular conventions and treaties, including prisoner transfer treaties.

As a result of these prisoner transfer treaties, many U.S. citizens convicted of crimes and incarcerated abroad have returned to the U.S. to complete their sentences.

Federal Benefits

Over a half-million people receive monthly federal benefits payments outside the U.S. In many countries, the monthly benefits checks are mailed or pouched to the consular post and then distributed through the local postal service. In other countries, the checks are mailed directly into the beneficiaries foreign bank accounts. Consular officers assist in the processing of individual benefits claims and problems; investigate claims on behalf of the agency concerned; and perform other tasks requested by the agencies or needed by the beneficiaries or survivors.

Legislation

PRI is involved with legislation affecting U.S. citizens abroad. The Office participates in hearings and provides testimony to Congress on proposed legislation, particularly legislation relating to the citizenship and welfare of U.S. citizens. They also interpret laws and regulations pertaining to citizens consular services, including the administration of the Immigration and Nationality Act.

Privacy Act

PRI responds to inquires under the Privacy Act. The provisions of the Privacy Act are designed to protect the privacy and rights of Americans but occasionally complicate efforts to assist U.S. citizens abroad. As a general rule, consular officers may not reveal information regarding an individual Americans location, welfare, intentions, or problems to anyone, including family members and Congressional representatives, without the expressed consent of that individual. In all potential cases, consular officers explain Privacy Act restrictions and requirements so that all individuals involved in a case understand the Privacy Act's constraints.

Hours of Operation

OCS is open Monday-Friday, 8:15 a.m. to 5:00 p.m. Eastern time. The OCS toll-free hotline at 1-888-407-4747 is available from 8:00 a.m. to 8:00 p.m. Eastern time, Monday-Friday, except U.S. federal holidays. Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 317-472-2328.

For after-hours emergencies, Sundays and holidays, please call 202-647-4000 and request the OCS duty officer.