December 25, 2009, Newsletter Issue #199: How to Avoid Legal Difficulties

Tip of the Week

When you are in a foreign country, you are subject to its laws and are under its jurisdiction NOT the protection of the U.S. Constitution. You can be arrested overseas for actions that may be either legal or considered minor infractions in the United States. Be aware of what is considered criminal in the country where you are. Consular Information Sheets include information on unusual patterns of arrests in various countries when appropriate. Some of the offenses for which U.S. citizens have been arrested abroad are: Drug Violations: More than 1/3 of U.S. citizens incarcerated abroad are held on drug charges. Some countries do not distinguish between possession and trafficking. Many countries have mandatory sentences - even for possession of a small amount of marijuana or cocaine. A number of Americans have been arrested for possessing prescription drugs, particularly tranquilizers and amphetamines, that they purchased legally in certain Asian countries and then brought to some countries in the Middle East where they are illegal. Other U.S. citizens have been arrested for purchasing prescription drugs abroad in quantities that local authorities suspected were for commercial use. If in doubt about foreign drug laws, ask local authorities or the nearest U.S. embassy or consulate. Possession of Firearms: The places where U.S. citizens most often come into difficulties for illegal possession of firearms are nearby - Mexico, Canada and the Caribbean. Sentences for possession of firearms in Mexico can be up to 30 years. In general, firearms, even those legally registered in the U.S., cannot be brought into a country unless a permit is first obtained from the embassy or a consulate of that country and the firearm is registered with foreign authorities on arrival. (Note: If you take firearms or ammunition to another country, you cannot bring them back into the U.S. unless you register them with U.S. Customs before you leave the U.S.) Photography: In many countries you can be harassed or detained for photographing such things as police and military installations, government buildings, border areas and transportation facilities. If you are in doubt, ask permission before taking photographs. Purchasing Antiques: Americans have been arrested for purchasing souvenirs that were, or looked like, antiques and which local customs authorities believed were national treasures. This is especially true in Turkey, Egypt and Mexico. In countries where antiques are important, document your purchases as reproductions if that is the case, or if they are authentic, secure the necessary export permit (usually from the national museum.)

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