LEGALITIES AND COPING WITH EMERGENCIES
by BILL HOFFA

PRE-DEPARTURE RESPONSIBILITIES AND CONCERNS

 ABSENTEE VOTING: For some students the first opportunity to vote coincides with their period abroad. Just because you are not in the U.S. at election time, does not mean you cannot cast your ballot. Before you may vote from abroad, however, you must be registered to vote at home. Check with your local city or town hall to obtain information on procedures for voting by Absentee Ballot, including timing. Remember to make note of your party, ward, district, and voter registration number (if one is used). If necessary, your Absentee Ballot can be notarized at a U.S. embassy or consulate.

INCOME TAXES: Attention Year-Abroad and Spring Semester Program Participants. If you have earnings which require you to file federal an/or state income tax returns, you must remember that you will be out of the country between January 1 and April 15th. Persons temporarily living abroad may normally request an extension on the deadline for filing federal income tax. The extension is usually until June 15th. The best advice is to contact the American Consulate or Embassy in your host country for information on your tax obligations; they may have 1040 forms and may even be willing to help you with questions. You can file from abroad if you make arrangements with your parents to send you the necessary state and federal forma and other documentation.

POWER OF ATTORNEY: If your signature will be needed for any official or legal document during your absence you should make arrangements for "power of attorney" to be held by an appropriate person to act on your behalf. You can do this by writing out in detail the specific duties that the person you choose will execute. Take this to a notary and have it notarized.

PROPERTY INSURANCE: Student travelers should have insurance to cover at least partially any loss of money because of trip interruption or cancellation, as well as loss of baggage and personal effects either while traveling or living in residence halls. Many, but not all, homeowner's insurance policies contain a clause about this coverage extending worldwide--check yours to see if it does. Normally a copy of the police report filed at the time or loss or theft will be required by the insurer before any claim will be considered. Theft or property loss from negligence is not an altogether uncommon occurrence for the inexperienced traveler, and you would be well-advised to take some preventative measures.

PASSPORTS

All travelers between countries must have a passport. The passport is your official identification as a citizen of the United States. It is issued by the Department of State, and is good for a period of 10 years (5 years for those under 18). You must have a valid passport on your person to show border and customs authorities when you enter or leave the United States or when crossing most other national borders, as well as on various other occasions that require official verification of your citizenship. These days there are some exceptions, e.g. between the U.S. and Canada, between various European nations, within the Nordic countries. But one never knows for sure, as controls are often tightened in times when extra surveillance in needed, so it is best to assume that you should always have it available to show.

Then put it away in a VERY safe (but accessible) place. Losing a passport while you are overseas is not the end-of-the-world, but it will seem like it, since the procedures for being issued another are very complicated and often extremely time- consuming.

Passports are issued at any office of the U.S. Passport Agency or through one of the several thousand federal or state courts or U.S. post offices authorized to accept passport applications.

The completed passport application for those who have never been issued a passport by the U.S. before must be accompanied by:

If you already have a U.S. passport AND IT WILL EXPIRE BEFORE YOU COMPLETE YOUR TIME ABROAD, you should apply for a new passport before you depart from the U.S. Your current passport usually suffices for identification of your birth and citizenship, but new photos and the fee are of course required.

For more information, write to:


The Bureau of Consular Affairs
Office of Passport Services, Room 386
Department of State
1425 K Street
Washington D.C. 20524
phone: 202-647-0518.

Domestic loss or theft of a valid passport should be reported in writing immediately to Passport Services (address above), or to the nearest passport agency. If the loss occurs while abroad, you should IMMEDIATELY notify the nearest US consulate or embassy. Theft of a passport should also be reported to local police authorities. Addresses and telephone numbers of US embassies and/or consulates abroad can be found in elsewhere in this handbook.

It is important to remember that your passport is your most important legal document while traveling overseas. In some countries it is required that aliens carry their passports at all times. Do what your program asks. Guard your passport carefully and do not travel away from your study abroad site, and particularly away from your host country without your passport.

DO NOT DELAY APPLYING FOR A PASSPORT. THE PROCESS TAKES A MINIMUM OF TWO TO FOUR WEEKS, EVEN LONGER IN THE BUSY SEASON DO IT NOW.

DUAL CITIZENSHIP

Different countries have different laws concerning citizenship. Some countries may claim you as a citizen of their country if you were born there, if one of your parents is a citizen of that country, if you are married to a citizen of that country, or if you are a naturalized US citizen but still considered a citizen of the country under that country's laws. If any of these circumstances apply in your case, be sure to clarify your status with that country's embassy or consulate BEFORE YOU LEAVE. If you want to terminate any such previous citizenship, you will need to consult with the State Department.

VISAS

 A visa is official permission to visit a country and is granted by the government of that country. Visa formats vary considerably, from a simple stamp imprinted on one of the pages in your passport at the time you enter the country to an official document with your photograph attached. For Americans, some countries (e.g., Commonwealth of Independent States-Russia) require advance processing of visas while other countries (e.g., West Europe) require no advance processing for brief visits, usually up to three months.

If you plan to do ANY travel beyond the country where your program takes place, you must check the visa requirements for all the countries you plan to visit by contacting the nearest consulate for that country. Single copies of "Visa Requirements of Foreign Governments" (Publication M-264), a publication that lists the entry requirements for US citizens traveling to most foreign countries, are available free from:

The Office of Passport Services
Department of State, Room 306
1425 K Street NW
Washington, DC 20524

You may be required to submit your official acceptance letters to the program from your program or host university overseas with the visa application. Save your acceptance letters (or copies) in a safe place until needed.

Note to Non-U.S. Citizens: Visa procedures and customs requirements are different for students holding non-United States passports. Contact your on-campus adviser if you do not hold a United States passport. It is very important to initiate this process as soon as possible, if overseas communications are needed (as they are likely to be). U.S permanent residents must check with the US Immigration Service concerning regulations for re-entry into the U.S.. it is particularly important to verify procedures for those who contemplate being outside the U.S. for more than one year.

REQUIRED IMMUNIZATIONS

Because of specific health concerns and conditions in various countries, proof that you have received certain immunizations may be required. If you are going to such a country, an official record of your immunizations must be carried with you and is usually asked for when you enter the country and have also to show your passport and required visa. Brown or the sponsoring organization or institution for your program will advise you on what is required for entry into the country where your program occurs. BUT, if you plan personal travel to other countries before, during, or after your program, it is your responsibility to know what immunizations are required. And it is probably wise to find this out and have the shots before departure.

You can demonstrate that you have had the required immunizations by having this information listed on an "International Certificate of Vaccinations." This form is issued by the US Department of Health, Education and Welfare and approved by the World Health Organization. It is obtainable from your local Department of Health, a passport office, or from many physicians and travel agencies. It must be filled out and dated by the physician or medical clinic which provides the immunizations.

Most campus health service offices can either provide this form, as well as any needed inoculations and other assistance, OR can refer you to clinics where these can be obtained.

INTERNATIONAL STUDENT IDENTITY CARD (ISIC)

There are a number of special privileges and discounts available to students throughout the world, including such things as reduced or free admission to museums, theaters, concerts, and cultural as well as historical sites, To qualify for them you have to be able to affirm your student status. The ISIC does this, wherever you go. It is the most widely recognized form of proof of your student status. Other ISIC benefits include low airfares, and discounts on travel. In the event of serious injury or death, it also provides emergency evacuation and the repatriation of remains--coverage which may supplement what is covered by your college or other private health care plans.

Purchase of this card is highly recommended. Its cost is $20.00, an amount you are likely to earn back in savings, perhaps many times over. The ISIC is valid for one January-to-January calendar year, but can be purchased in advance. Information on benefits and the card itself can be obtained directly from CIEE or any Council Travel office. The ISIC is also available through other agents including STA Travel.

ARRIVAL IMMIGRATION AND CUSTOMS INSPECTIONS

As you enter ANY country from another country via an international flight (or other means) you have to show your passport and any required visas and proof of immunizations. This usually occurs just after you have left the plane and entered the airport but before you have your luggage. Remember that admission to the country is entirely at the discretion of the immigration officer. It is wise to be polite and to dress neatly. The immigration officer, who determines the length of stay to be authorized and stamped into your passport, will normally ask you about the purpose of your visit and how long you plan to remain in the country. All of this can be unnerving at times, but it is nevertheless generally routine and always required.

After your passport has been stamped, and you have collected your luggage, you must pass through a customs inspection. You will probably receive a customs declaration form to be filled out on your plane (or train). This will be examined by customs officials when they look at your luggage. Your bags may be very carefully examined, and you may be detained or asked to pay duties if there are any irregularities or violations of customs regulations. You may also be waved through with no special attention whatsoever. Note: Do not 'joke' about 'bombs' or smuggled items!.

Most major airports and train stations offer banking services, so if you have not brought with you any local currency, it is possible to purchase some with U.S. dollars, other foreign currency, or travelers checks, often a good idea, to get you through the first week. Do not change too much, as exchange rates at airports and train stations are usually much higher than at local banks. Change only enough to cover local transportation and for a meal or two.

DUTIES AND TARIFFS

Thinking ahead to your return to the U.S., you will want to register any camera, tape recorder, radio, typewriter, personal computer, etc. (particularly new and foreign-made items) which you take with you. By registering these items with U.S. Customs before you leave, you avoid being questioned about whether or not they are subject to any duty when you return. Contact the U.S. Customs Office in advance of your departure for further information and obtain a copy of their publication, "Know Before Your Go" (also available by writing to P.O. Box 7404, Washington DC 20044). You should also get and save sales slips for any major purchases you make overseas and intend to take home.

Returning to the U.S.: According to the Customs Procedural Reform and Simplification Act of 1984, United States residents are permitted to bring into the US $400 worth of foreign souvenirs and gifts duty free: You will be assessed on import duty based on 10% of the fair market value for anything in the $400 to $1400 range. Import duty varies according to the nature of the articles when you go over $1400. All articles acquired abroad and in your possession at the time of your return to the United States must be declared to Customs officials, either orally (if you do not exceed the $400 limit) or in writing. Declaration forms will be distributed during your flight back into the US.

Personal belongings of US origin taken abroad may be sent back by mail duty-free if, on the outside wrapper, it is stated that the articles were taken out of the US as personal effects and are being returned without having been repaired or altered while abroad ("American Goods Returned"). Should you need assistance on matters relating to US Customs while abroad, customs representatives are available in the American Embassies.

OBEYING LOCAL AND NATIONAL LAWS

While you are visiting another country you are subject to the laws of that country. Legal protection taken for granted in the United States is left behind when you leave the US. American Embassies and Consulates are very limited in the assistance they can provide: the names of competent attorneys and doctors, but not any financial assistance in paying for legal or medical services. Nor can they intervene on your behalf in the administration of justice as seen from the point of view of the host country.

Bail provisions as we know them in the United States are rare in many other countries and pre-trial detention without bail is not uncommon. Prison conditions in developing or fundamentalist countries may often be deplorable, in comparison to conditions in the United States. The principle of "innocent until proven guilty" is not necessarily a tenet of legal systems abroad. The best advice is of course to know the laws and obey them scrupulously. If you get in trouble, seek local legal assistance as quickly as possible.

DRUGS: Avoid any possible involvement with drugs. Drug laws of course vary from country to country, but in many cases they are extremely severe, regardless of whether the drug in your possession is for personal use or for sale to others. Bail is not granted for drug-trafficking cases in most countries. Pre-trial detention, often in solitary confinement, can last for months. Many countries do not provide a jury trial, and in many cases you need not even be present at your trial.

Most prison and law enforcement officials abroad will probably not speak English, the significance of which you may not fully appreciate until you are confined and feeling helpless, in very hard conditions. The average jail sentence in drug cases worldwide is about seven years. In at least four countries (Iran, Algeria, Malaysia, and Turkey) the death penalty can be imposed for conviction on some drug charges. Do not wrongly assume that buying or carrying small amounts of drugs cannot result in their arrest. In reality, Americans have been jailed abroad for possessing as little as three grams (about one-tenth of an ounce) of marijuana.

WORKING ABROAD LEGALLY

In other countries, as in the U.S., holding a wage-earning job while you are on a student visa is considered illegal and can be grounds for expulsion. Your student visa authorizes only living and learning in the country, usually only for the period of your formal enrollment, plus perhaps some additional time for tourism. You are likely to be busy enough with your studies and the other demands and pleasures of being in a new place that you will not have time to do much else.

If you wish to add a work experience to your time away, this must be done either before your program begins or after it ends, and can only be done legally if you have a Work Permit. Work Permits are simply not available for work in certain countries, and are very difficult to obtain in most others, since employers are usually forced to demonstrate that a potential employee from another country has skills and experience which are not possessed by the citizens of that country. This is usually a very hard case to make.

But the United States and a limited number of countries have entered into agreements which allow for the reciprocal exchange of students seeking short-term paid employment in each other's country. The biggest and best known of these arrangements is administered by the Council on International Educational Exchange. You must apply for the Work Permit before you depart from the U.S. It cannot be obtained overseas. The application process is non- competitive. The cost is $200. Opportunities for three- and in some cases six- month Work Permits exist for any time of the year in Australia, Britain, Canada, France, Germany, and Ireland, and in the summer in Costa Rica, Jamaica, and New Zealand. Work permits for Britain can be obtained via BUNAC, P.O. Box 49, South Britain, CT 06487, 1-800-GOBUNAC, http://www.bunac.org and Interchange, http://www.interchange.org

Although CIEE gets you the work permit, you must find the job and a place to stay on your own. For basic information, eligibility, criteria, and application forms, see the CIEE Work Abroad brochure from CIEE Work Abroad, telephone: 800/INTL- JOB or e-mail:wabrochure@ciee.org The CIEE Participant's Handbooks, included in the program fee, provide invaluable suggestions for finding a job and place to live in that foreign country.

OTHER RESOURCES:

Helpful information might also be found in the Directory of Overseas Summer Jobs available from Writer's Digest Books, 9933 Alliance Road, Cincinnati, OH 45242.

If you decide to seek employment abroad through an employment agency, A Word of Caution will help you evaluate the agency in terms of fees charged and services provided. This publication is available free of charge from the Director:

Office of Public Information and Reports Staff
Bureau of Educational and Cultural Affairs
Department of State
Washington, DC 20520

A good starting point for a search for overseas work is Bill Nolting's U-Michigan website: http://www.umich.edu/~icenter/overseas

Many campus libraries and career services offices have information on working abroad, internships, and voluntary service. Some titles include Work Study Travel Abroad, Work Your Way Around the World, and Teaching English Abroad. Free copies of the bibliography Reference Sources for Employment Opportunities and Voluntary Service in International Affairs are also available. TRANSITIONS ABROAD magazine regularly features articles on working abroad.

AMERICAN EMBASSIES AND CONSULATES

http://www.state.gov/www/about_state/contacts/keyofficer_index.html
http://www.state.gov/www/regions_missions.html

Should you encounter serious social, political, health, or economic problems, the American Embassies and/or Consulates can offer some, but limited, assistance. They can, for example, provide you with a list of local attorneys and physicians; they can contact next of kin in the event of emergency or serious illness; they can contact friends or relatives on your behalf to request funds or guidance; they can provide assistance during civil unrest or natural disaster; they can replace a lost or stolen passport.

They cannot, however, provide the services of a travel agency, give or lend money, cash personal checks, arrange free medical service or legal advice, provide bail or get you out of jail, act as couriers or interpreters, search for missing luggage, or settle disputes with local authorities. Remember that their primary occupation abroad is to help fulfill the diplomatic mission of the United States government; they are not there to play nursemaid to American travelers.

There are several useful pamphlets about travel and residence abroad, prepared by the Bureau of Consular Affairs of the U.S. Department of State. Two are of particular interest: "A Safe Trip Abroad" and "Your Trip Abroad." You can usually pick them up free in any U.S. Passport Office. Otherwise, you can order them for $1 each from:The Superintendent of Documents
U.S. Government Printing Office
Washington DC 20402.

It is recommended that U.S. citizens residing abroad for any extended period of time register with the local U.S. Embassy or Consulate. If you are on a study abroad program, this will usually be done on your behalf by program staff, but this is not always true. Check to be sure.

OFFICE OF OVERSEAS CITIZENS SERVICE

Should your family need to contact you while you are traveling (e.g. after the program is over), emergency assistance is available through the Citizens' Emergency Center of the Office of Overseas Citizens Services (OCS), operated by the State Department's Bureau of Consular Affairs. The office is open from 8:15 a.m. to 10:00 p.m. Monday through Friday and can be reached at (202) 647-5225, Fax: 1-202-647-3000, http://www.state.gov

For emergency communication between 10:00 p.m. and 8:15 a.m. or over weekends, contact can be made through the Overseas Citizens' Services duty officer at (202) 634-3600 (or at (202) 647-5225 on Saturdays from 9:00 a.m. to 3:00 p.m.).

This office can transmit emergency messages from your family, provide protection in the event of arrest or detention while abroad, transmit emergency funds to destitute nationals when commercial banking facilities are not available, etc. It would be wise for you to provide your family with at least a tentative itinerary so that in an emergency, they can give the State Department some idea where to begin looking for you.

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