22 C.F.R. PART 71—PROTECTION AND WELFARE OF CITIZENS AND THEIR PROPERTY
Title 22 - Foreign Relations
Authority: Sec. 4, 63 Stat. 111, as amended (22 U.S.C. 2658, 2670); Pub. L. 95–45 (91 Stat. 221).
Source: 22 FR 10841, Dec. 27, 1957, unless otherwise noted.
Officers of the Foreign Service shall perform such duties in connection with the protection of American nationals abroad as may be imposed upon them by rules and regulations prescribed by the Secretary of State. Diplomatic representatives and consular officers shall not request the presence of a naval force in a foreign port unless a public emergency so necessitates. The request may be addressed to the officers in command of the naval force, in which event responsibility of action rests with them, or it may be addressed to the Department of State. In either case, the request should contain detailed reasons for its submission. Where treaty provisions, local laws, or established usage permit, a consular officer should protect the interests of American citizens claiming foreign estates and inheritances. In the absence of special provisions by treaty the devolution and transfer of real property are covered by the law of the place where the property is situated. When real property is left by the decedent within the country where death occurs, or where the decedent was domiciled at the time of death, the consular officer, or diplomatic officer, if there be no consular officer, should if feasible informally observe the proceedings and report to the diplomatic mission or the Department any apparent irregularity or unnecessary delay in settling the estate. Except in a public emergency, no officer of the Foreign Service shall accept private property for storage or safekeeping in the office or for transmission to some other destination, unless it is property belonging to the estate of a deceased American citizen, or property over which the officer has jurisdiction as a result of a catastrophe at sea. In public emergencies, officers may accept private property for storage and safekeeping or for transmission to another destination, provided the owner signs a statement to the effect that the property is being accepted for deposit at his request, at his own risk, and with full knowledge that neither the Government of the United States nor any of its officers assumes responsibility therefor. Officers of the Foreign Service shall extend every possible aid and assistance within their power to distressed American citizens within their districts, but they shall not expend the funds nor pledge the credit of the Government of the United States for this purpose, except in the case of American seamen, or except as authorized by the Department of State. Whenever a great catastrophe occurs abroad, either on land or on sea, the officer within whose district the catastrophe takes place or into whose district the survivors are brought shall report immediately by telegraph the names of any American citizens who have been killed or injured and the names of American citizens known to be safe. Officers and employees of the Foreign Service may cooperate fully with the American Red Cross within their respective districts and subject to the limitations prescribed in §102.806 (22 CFR, 1947 Supp.). They shall, however, avoid taking an active part in the solicitation of memberships or the collection of funds. The chief of the mission concerned may exercise his discretion in the matter of procuring the presentation of American citizens at the court of the country to which he is accredited. Source: 42 FR 60141, Nov. 25, 1977, unless otherwise noted.
(a) Eligibility criteria. A U.S. national incarcerated abroad is considered eligible to receive funded medical treatment under the following general criteria: (1) Adequate treatment cannot or will not be provided by prison authorities or the host government; (2) All reasonable attempts to obtain private resources (prisoner's family, friends, etc.) have failed, or such resources do not exist; (3) There are medical indications that the emergency medical assistance is necessary to prevent, or attempt to prevent, the death of the prisoners, or failure to provide the serviced will cause permanent disablement. (b) Services covered. Funds, once approved, may be expended for: (1) Medical examination, when required; (2) Emergency treatment; (3) Non-elective surgery; (4) Medications and related medical supplies and equipment required on a routine basis to sustain life; (5) Preventive or protective medications and medical supplies and equipment (vaccinations, inoculations, etc.) required to combat epidemic conditions (general or intramural); (6) Childbirth attendance, including necessary medical care of newborn children; and (7) Within the consular district, transportation for the U.S. national and attendant(s) designated by incarcerating officials between the place of incarceration and the place(s) of treatment. (c) Consular responsibility. As soon as the consular officer is aware that a U.S. national prisoner in the consular district faces a medical crisis, the officer should take the following actions, setting forth the order or priority based on an evaluation of the facts received: (1) Make every effort to contact the ill or injured prisoner as soon as possible; (2) Take steps to obtain a professional medical diagnosis and prognosis of the ill or injured prisoner; (3) Determine as accurately as possible the estimated costs of recommended treatment or surgery; (4) Obtain the names and addreses of family or friends who might serve as a source of private funds for medical services, and attempt to obtain the necessary funds; (5) Request the prisoner to execute a promissory note, since funds expended by the Department to cover medical services normally are on a reimbursable basis; and (6) Submit the above information, along with recommendations and evaluations, to the Department for approval and authorization. (d) Emergency expenditure authorization. When a medical emergency prohibits the delay inherent in contacting the Department and receiving authority to expend funds, the consular officer can expend up to an amount to be established by the Department without prior Departmental approval if: (1) Symptoms determine eligibility for emergency medical treatment; or (2) An immediate medical examination is warranted in order to verify the alleged abuse of a U.S. national prisoner by arresting or confining authorities; or (3) Immediate emergency medical treatment or surgery is necessary to prevent death or permanent disablement, and there is insufficient time to explore private funds or obtain Department approval; and (4) A promissory note already has been executed by the prisoner, or if the circumstances warrant, by the consular officer without recourse. (a) Eligibility criteria. A prisoner is considered eligible for the short-term full diet program under the following general criteria: (1) The prisoner is to be or has been held in excess of one day in a holding jail or other facility; (2) Incarcerating officials do not provide the prisoner food, and food is not available from any other sources, including private funding from family or friends; and (3) If the funds exceed an amount to be established by the Department, the prisoner signs a promissory note for funds expended, since the assistance is on a normally reimbursable basis. (b) Consular responsibility. As soon as the consular officer is aware that a U.S. national is incarcerated in a facility wherein food is not routinely provided, the consular officer should: (1) Contact the prisoner in accordance with existing procedures; (2) Determine the normal cost of basic diet and best method of effecting payment; (3) Attempt to secure funds from private sources such as family or friends; (4) Because funds expended by the Department to cover the short-term full diet program normally are on a reimbursable basis, have the prisoner execute a promissory note; and (5) Contact the Department, providing the above information, for approval and authorization. (c) Emergency expenditure authorization. Since an immediate need for a short-term full diet program often prohibits the delay inherent in contacting the Department and receiving authority to expend funds, the consular officer can expend up to an amount to be established by the Department without prior Departmental approval if the prisoner's case meets the criteria established in paragraph (a) of this section. Expenditures above the predetermined limit must receive the prior approval of the Department. (a) Eligibility criteria. A prisoner is considered eligible for the dietary supplement program under the following general criteria: (1) An evaluation by a priviate physician, prison doctor, or other host country medical authority reveals that the prison diet does not meet the minimum requriements to sustain adequate health; or (2) If the evaluation in paragraph (a)(1) of this section is not available, an evaluation by either a regional medical officer or Departmental medical officer reveals that the prison diet does not provide the minimum requirements to sustain adequate health. (b) Consular responsibility. (1) When the consular officer is aware that the U.S. prisoner's diet does not provide the minimum requirements to sustain adequate health, the consular officer shall obtain the necessary dietary supplements and distribute them to the prisoner on a regular basis. (2) As soon as the consular officer believes that dietary supplements are being misused, the consular officer shall suspend provision of the dietary supplements and report the incident in full to the Department.
Title 22: Foreign Relations
PART 71—PROTECTION AND WELFARE OF CITIZENS AND THEIR PROPERTY
Section Contents
§ 71.1 Protection of Americans abroad.
§ 71.2 Requests for naval force in foreign port.
§ 71.3 American claimants to foreign estates and inheritances.
§ 71.4 Real property of deceased American citizens.
§ 71.5 Storage or safekeeping of private property.
§ 71.6 Services for distressed Americans.
§ 71.7 Reports on catastrophes abroad.
§ 71.8 Assistance to American Red Cross.
§ 71.9 Presentation of Americans at foreign courts.
§ 71.10 Emergency medical assistance.
§ 71.11 Short-term full diet program.
§ 71.12 Dietary supplements.
Subpart A—General Activities
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§ 71.1 Protection of Americans abroad.
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§ 71.2 Requests for naval force in foreign port.
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§ 71.3 American claimants to foreign estates and inheritances.
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§ 71.4 Real property of deceased American citizens.
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§ 71.5 Storage or safekeeping of private property.
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§ 71.6 Services for distressed Americans.
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§ 71.7 Reports on catastrophes abroad.
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§ 71.8 Assistance to American Red Cross.
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§ 71.9 Presentation of Americans at foreign courts.
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Subpart B—Emergency Medical/Dietary Assistance for U.S. Nationals Incarcerated Abroad
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§ 71.10 Emergency medical assistance.
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§ 71.11 Short-term full diet program.
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§ 71.12 Dietary supplements.
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