CONSULAR ASSISTANCE

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Consular assistance upon detention or arrest of Ukrainian nationals

Under the terms of the bilateral Consular Convention between the USA and Ukraine mandatory notification of the Ukrainian Consulate is required in all cases involving arrest, detention, death of a Ukrainian national, or where the appointment of a guardian or trustee may be required.

U.S. law enforcement officials from the states of our jurisdiction (Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada , New Mexico, Oregon, Utah, Washington, Wyoming) should notify of arrest or detention of a Ukrainian national the Consulate General of Ukraine via fax: ( 415) 398-5039 or call Ukrainian Consul at: ( 415) 398-0240 .

Legal Rights of Ukrainian Consulates

In its comprehensive instruction manual to US law enforcement agencies entitled Consular Notification and Access, the US Department of State recognizes that:

• Detained Ukrainian nationals are entitled to communicate with their consular officers.
• Any communication by a Ukrainian national to his/her consular representative must be forwarded by the appropriate local officials to the consular post without delay.
• Ukrainian consular officers must be given access to their nationals and permitted to communicate with them.
• Consular officers have the right to visit Ukrainian nationals, to converse and correspond with them, and to arrange for their legal representation.
• Consular officers may not act as attorneys for their nationals.

Basic consular assistance upon detention or arrest:

• Prompt communication with a national on the telephone, if a visit is not feasible
• Determining detainees' identity, general nature of the charges and where the persons are detained
• Determining their situation and offering humanitarian assistance (e.g. by contacting family or friends)
• Informing detainees of their basic legal rights in Ukrainian language
• Providing detainees with information on local lawyers who could represent them
• Agreeing to accept calls from the nationals if their situation requires further intervention
• Maintaining ongoing contact with detainees

Limitations on Consular Assistance:

It should be noted, however, that consular assistance is not intended to immunize foreign nationals from local laws.

With the exception of individuals possessing diplomatic or consular immunity, a Ukrainian national arrested in the U.S. is fully subject to the laws and legal procedures of the receiving country, including all legal punishments, which may be imposed for breaches of domestic law.

Consul also does not act as substitutes for attorney; while the consular function is often complementary to that of defense counsel, it does not replace the indispensable role of the detainee's legal representative.