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EmailDeath or Injury of an American Citizen Abroad
Death
When an American dies abroad, the Bureau of Consular Affairs must locate and inform the next-of-kin. Sometimes discovering the next-of-kin is difficult. If the American’s name is known, the Bureau’s Office of Passport Services will search for his or her passport application.
The Bureau of Consular Affairs provides guidance to grieving family members on how to make arrangements for local burial or return of the remains to the U.S. The disposition of remains is affected by local laws, customs, and facilities, which are often vastly different from those in the U.S. The Bureau of Consular Affairs relays the family’s instructions and necessary private funds to cover the costs involved to the embassy or consulate. The Department of State has no funds to assist in the return of remains or ashes of American citizens who die abroad. Upon completion of all formalities, the consular officer abroad prepares an official Foreign Service Report of Death, based upon the local death certificate, and sends it to the next-of-kin or legal representative for use in U.S. courts to settle estate matters.
A U.S. consular officer overseas has statutory responsibility for the personal estate of an American who dies abroad if the deceased has no legal representative in the country where the death occurred. The consular officer takes possession of personal effects, such as:
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The officer prepares an inventory and then carries out instructions from members of the deceased’s family concerning the effects. In Washington, the Bureau of Consular Affairs gives next-of-kin guidance on procedures to follow in preparing Letters Testamentary, Letters of Administration, and Affidavits of Next-of-Kin as acceptable evidence of legal claim of an estate.
Injury
In the case of an injured American, the embassy or consulate abroad notifies the Office of Citizen Services, which notifies family members in the U.S. The Bureau of Consular Affairs can assist in sending private funds to the injured American; frequently it collects information on the individual’s prior medical history and forwards it to the embassy or consulate. When necessary, the State Department assists in arranging the return of the injured American to the U.S. commercially, with appropriate medical escort, via commercial air ambulance or, occasionally, by U.S. Air Force medical evacuation aircraft. The use of Air Force facilities for a medical evacuation is authorized only under certain stringent conditions, and when commercial evacuation is not possible. The full expense must be borne by the injured American or his family.
Privacy Act - The provisions of the Privacy Act are designed to protect the privacy and rights of Americans, but occasionally they complicate our efforts to assist citizens abroad. As a rule, consular officers may not reveal information regarding an individual Americans location, welfare, intentions, or problems to anyone, including family members and Congressional representatives, without the expressed consent of that individual. Although sympathetic to the distress this can cause concerned families, consular officers must comply with the provisions of the Privacy Act.
