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Drug Arrests
Despite repeated warnings, drug arrests and convictions of American
citizens are still a problem. If you are caught with any type
of narcotics overseas, you are subject to local--not U.S. laws.
Penalties for possession or trafficking are often the same. If
you are arrested, you will find the following:
-- Few countries provide a jury trial.
-- Most countries do not accept bail.
-- Pre-trial detention, often in solitary confinement, may last
many months.
-- Prisons may lack even minimal comforts--bed, toilet, washbasin.
-- Diets are often inadequate and require supplements from relatives
and friends.
-- Officials may not speak English.
-- Physical abuse, confiscation of personal property, degrading
or inhumane treatment, and extortion are possible.
If you are convicted, you may face one of the following sentences:
-- Two to ten years in most countries.
-- A minimum of six years' hard labor and a stiff fine.
-- The death sentence in some countries.
Learn what the local laws are and obey them.
Marriage Abroad
Consular officers abroad cannot perform a marriage for you.
Marriages abroad are generally performed by local civil or religious
officials. Once your marriage is performed overseas, U.S. consular
officers can advise you on how your foreign marriage document
can be authenticated. A marriage which is valid under the laws
of the country where the marriage was performed is generally recognized
by most states in the United States. If you are married abroad
and need confirmation that your marriage will be recognized in
the United States, consult the Attorney General of your state
of residence in the United States.
Marriages abroad are subject to the residency requirements of
the country where the marriage is performed. There is almost always
a lengthy waiting period. Some countries require that the civil
documents which are presented to the marriage registrar abroad
be translated and authenticated by a foreign consular official
in the United States. This process can be time consuming and expensive.
Unlike in the United States, civil law countries require proof
of legal capacity to enter into a marriage contract. If it is
necessary to obtain this proof overseas, you can execute an affidavit
of eligibility to marry at a U.S. embassy or consulate for a small
fee (currently $10). There are also individual requirements which
vary from country to country, i.e. parental consent and blood
tests. Before going abroad, check with the embassy or tourist
information bureau of the country where you plan to marry to learn
of any specific requirements. In addition, the Office of Overseas
Citizens Services, Room 4811, Department of State, Washington,
D.C. 20520 has some general information on marriage in a number
of countries overseas. If you are already abroad, consult with
the nearest U.S. embassy or consulate.
Divorce Abroad
The validity of divorces obtained overseas will vary according
to the requirements of an individual's state of residence. Consult
the authorities of your state of residence in the United States
for these requirements.
Birth Abroad of a U.S. Citizen
Most children born abroad to a U.S. citizen parent or parents
acquire U.S. citizenship at birth. As soon as possible after the
birth, the U.S. citizen parent should contact the nearest American
embassy or consulate. When it is determined that the child has
acquired U.S. citizenship, a consular officer prepares a Consular
Report of Birth Abroad of a Citizen of the United States of America
(Form FS-240). This document is recognized by U.S. law as proof
of acquisition of U.S. citizenship and is acceptable evidence
of citizenship for obtaining a passport, entering school, and
most other purposes.
Death of a U.S. Citizen Abroad
When a U.S. citizen dies abroad, the nearest U.S. embassy or
consulate should be notified as soon as possible. Upon notification,
the consular officer, in accordance with local laws, may do the
following:
-- Require proof of the decedent's citizenship (for example,
U.S. passport, birth certificate, or naturalization certificate).
-- Report the death to the next of kin or legal representative.
-- Obtain instructions and funds from the family to make arrangements
for local burial or return of the body to the United States.
-- Obtain the local death certificate and prepare a Report of
Death of an American Citizen Abroad (Form OF-180) to forward to
the next of kin or legal representative. (This document may be
used in U.S. courts to settle estate matters.)
-- Serve as provisional conservator of a deceased Americans
estate and arrange for disposition of those effects.
Because the costs for local burial or transporting a deceased
body back to the United States can be quite expensive, you may
wish to obtain insurance to cover this cost. Otherwise, your relative
or next of kin must bear these expenses. The U.S. Government cannot
pay to have your body buried overseas or returned to the United
States.
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