NOTES CHAPTER 6 RELEASE It is essential that the release of a U.S. national who has been imprisoned be promptly reported to the Department by telegram. This requirement applies even though an earlier interim report may have provided the exact date of scheduled release. A copy of the Foreign Affairs Manual is maintained in the Library of the Dept. of State in Washington. The Privacy Act of 1974 (P.L. 93-579, 88 Stat. 1896) may be found at 5 U.S.C. 552a note. Emergency Medical Assistance On June 15, 1977, President Carter approved Public Law 95-45 (91 Stat. 221), which, inter alia, authorized the Department of State to "provide emergency medical attention and dietary supplements, and other emergency assistance, for United States citizens incarcerated abroad who are unable to obtain such services otherwise, such assistance to be provided on a reimbursable basis to the extent feasible." Congress appropriated $350,000 to launch the program in fiscal year 1978, starting October 1, 1977. Barbara M. Watson, Assistant Secretary for Consular Affairs, Department of State, and Alan A. Gise, head of the Office of Special Consular Services, were charged with the responsibility of administering the new Emergency Medical and Dietary Assistance Program, which has three major elements. It provides emergency medical treatment for prisoners; it finances their meals, on a short term basis, in holding jails where they otherwise would not be fed; and it pays for dietary supplements where normal prison fare is judged insufficient to maintain an acceptable standard of health. Government funds are used only where the incarcerating authority does not meet its obligations, when the prisoner has no money, and when assistance cannot be obtained immediately from the prisoner's family or friends or from other private sources. Prisoners are expected to reimburse the Government for the cost of the food and medical treatment. However, there is no charge for the dietary supplements because of the relatively low cost per person. The Department of State has advised consular officers that the purpose of the program is not to relieve foreign governments of their responsibility for the welfare of U.S. prisoners nor to alleviate the duty of each U.S. foreign post to make representations to host officials where these responsibilities are not being met. Dept. of State Newsletter (Aug.-Sept. 1977). Set forth below are portions of the Dept. of State airgram of Jan. 27, 1978, describing the background and criteria for implementation of the new emergency Medical/Dietary Assistance Program for U.S. nationals imprisoned abroad: BACKGROUND The United States accepts, as do most Western nations, the sovereign obligation to provide minimum medical and dietary needs of its citizens located in the U.S. and further to aliens residing temporarily or permanently within the United States. In keeping with this basic tenet of human rights, the Department of State has always accepted the responsibility of attempting to insure that American nationals incarcerated in foreign panel systems receive the medical and dietary needs necessary to support life.... EMERGENCY MEDICAL ASSISTANCE 1. Eligibility Criteria. Prisoners will be considered eligible to receive paid medical treatment under the following general criteria: a. Adequate treatment cannot or will not be provided by prison authorities or the host government. b. All reasonable attempts to tap private resources (prisoner's family, friends, etc.) have failed, or such resources do not exist. c. There are medical indications that the emergency medical assistance is necessary to prevent, or to attempt to prevent, the death of the prisoner, or failure to provide the service may cause permanent disablement. SHORT TERM FULL DIET PROGRAM 1. Eligibility Criteria. A prisoner is considered eligible for the short term full diet program under the following criteria: a. The prisoner is to be or has been held in excess of one day in a holding jail or other facility. b. The incarcerating officials do not provide prisoner food, and food is not available from any other source, including private funding from family or friends. c. The prisoner is willing to sign a promissory note for funds expended, since the assistance is on a normally reimbursable basis. Prepare a promissory note for this purpose. ... DIETARY SUPPLEMENTS 1. Eligibility Criteria. Since this element of the program is nonreimbursable, and since the amount which probably will be expended per prisoner may be relatively small, the eligibility criteria need not be particularly stringent. A prisoner is considered eligible for the dietary supplement program under the following general criteria: a. An evaluation by a private physician, prison doctor, or other host country medical authority reveals that the prison diet does not meet the minimum requirements to sustain adequate health; or b. If the evaluation in paragraph (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 requirement to sustain adequate health. Dept. of State File No. P78 0012-0653. Schedule of Fees On June 29, 1977, Richard M. Moose, Deputy Under Secretary for Management of the Department of State, signed a regulation effective September 1, 1977, setting forth the schedule of fees for consular services performed in the United States and its Foreign Service posts. The schedule of fees has more than 70 major entries under such headings as passport and citizenship services, visa services for aliens, services relating to vessels and seamen, notarial services and authentication, decedents and decedents' estates, and copying, recording, and proctoring. The regulation also contains procedures dealing with requests for records and for authentication services, remittances in the United States and to Foreign Service posts, collection and return of fees, and like matters. The text of the regulation, which appeared in 42 Fed. Reg. 35829-35833 (July 12, 1977) and which is printed in Parts 21 and 22 of Title 22 of the Code of Federal Regulations, reads as follows: 1. Part 21 is vacated and reserved as follows: PART 21-[RESERVED] 2. Part 22 now reads as set forth below: Sec. PART 22-SCHEDULE OF FEES FOR CONSULAR SERVICES- AUTHORITY: Secs. 3, 4, 63 Stat. 111, as amended (22 U.S.C. 811a; 2658; 22 U.S.C. 2651; 5 U.S.C. 483a; 22 U.S.C. 1201), E.O. 10718, 22 FR 4632; 3 CFR, 1954-1958 Comp. page 382. § 22.1 Schedule of fees. Item PASSPORT AND CITIZENSHIP SERVICES 1 Execution of application for passports (22 U.S.C. 214) - 2 3 Issuance of passport (22 U.S.C. 214) (Item No. 4 vacant.) 5 Issuance of card of identity and registration. 6 Execution of application for or issuance of passport: (a) To officers or employees of the United States pro- Feo $3.00 3.00 10. 00 5.00 No fee No fee Item 6 PASSPORT AND CITIZENSHIP SERVICES Execution of application for or assistance of passport-Cont. Fee No fee (d) To employees of the American National Red Cross (a) To show current or new information, including No fee 7 Amendment of passport: changes in members of family. (b) To correct administrative error. 888 8 Verification of passport---- 9 Execution of application for registration....... 10 Execution of affidavit in regard to American birth in connection 11 12 with application for passport or citizenship determination. (a) Of repatriation of a native-born American woman (b) Of repatriation of a native-born American woman (c) Of repatriation under the act of July 20, 1954 (8 U.S.C. 14 (b) "Certificate of Witness to Marriage" in quadruplicate. Certified copies of the above documents may be No fee No fee No fee No fee No fee No fee No fee $3.00 3.00 3.00 6. 00 45. 00 3. 00 3. 00 No fee 3. 00 (a) For file search. 6. 00 (b) For duplicating by photocopy or other such means . 15 Item No. PASSPORT AND CITIZENSHIP SERVICES 14 Documents from passport files and related records-Cont. 15 Any service described in item 14 when: Fee $1.00 1.00 No fee (a) Required for official use by an agency of the Federal 16 Granting an exception under 22 CFR 53.2(h) of travel control 17 For any passport service furnished in the United States upon request during nonregular duty hours. (This fee is in addition to any statutory fees or communication costs.). 18 Instant photo service, where offered by a Foreign Service post, for each pair of identical photographs__ (Item No. 19 vacant.) No fee 25.00 10. 00 3.00 VISA SERVICES FOR ALIENS 20 Furnishing and verification of application for immigrant visa, including duplicate copy.. 21 Issuance of each immigrant visa.. 22 Furnishing and verification of application and issuance of nonimmigrant visa. (Fees prescribed in appendix C, Visa Handbook of Department of State, as amended from time to time.). 23 Furnishing and verification of application and issuance of non- (a) An alien proceeding solely in transit to and from the head- (b) An official representative of a foreign government, or an (c) An alien participating in a U.S. Government program. 24 Visa or supplemental visa of alien crew list up to 40 crew members... 41 to 100 crew members. 5.00 20.00 Recip. No fee No fee No fee 10. 00 25.00 45.00 25 101 to 200 crew merabers.. Over 200 crew members.. Revalidation or transfer of a nonimmigrant visa.. (Item Nos. 26 through 29 vacant.) 60. 00 Recip. |