When we travel we are not only exposed to possible physical accidents but we may also find ourselves in legal trouble. A consular notification allows individuals the possibility of having adequate consular services by their government when they are outside their country if they are arrested, detained, or placed in pretrial detention by the authorities of the foreign country where they are.

If you find yourself in a situation like this, the federal, state or local authorities should immediately inform you of your rights to notify the embassy of your legal status before making any kind of questioning or formal statement on your behalf.

Consular notification will only be carried out with your authorization so that the authorities of your country can subsequently provide you with all the necessary guidance, appropriate consular services and, above all, verify and supervise that your rights are respected at all times.

Consular notification is given in cases such as:

• Arrest or detention: Notification should be made immediately within 24-72 hours after the arrest. Law enforcement should document the response and the notification
• Death or serious injury: Notification must be provided by law enforcement, coroner or medical examiner depending on the case and the corresponding jurisdiction.
• Guardianship of a minor: In the event that the person detained under any circumstances is a minor, consular notification must be made regardless of the circumstances through Child Protective Services or an appropriate agency.
• Shipwreck, Vessel Accident or Aircraft Accident: If it is believed or certain that a foreigner was involved in any of these types of accidents, the local law enforcement must provide consular notification immediately.

Consular notification is in no way a substitute for legal defense because the consulate is not empowered to perform functions as a lawyer, however they can advise you on how to retain an attorney depending on the situation.

It is important that you always travel with precaution. At AXA Assistance USA Inc. (AXA), we care about the complete wellbeing of our customers. AXA’s travel protection plans include 24/7 worldwide travel assistance services. In the event you are involved in a situation where legal advice is needed our customer service agents are able to provide customers with referrals to legal personnel or an interpreter as necessary.

Travel knowing your rights, travel protected, travel with the tranquility that only AXA can give you.

[i]https://travel.state.gov/content/travel/en/consularnotification.html

[ii]https://www.oas.org/legal/spanish/documentos/convvienaconsulares.htm
 

Disclaimer: Welcome to the AXA Assistance USA Travel Insurance Blog! The Travel on Blog is intended to provide you with entertaining and educational information of a general nature. The articles are for editorial purposes only and are not intended to replace the advice of a qualified professional. Please contact AXA Assistance USA if you have any questions.