284. Foreign Travel by Prosecutors

Prosecutors often travel abroad in connection with the investigation of their cases, to attend depositions (see this Manual at 285), and for other reasons. Such foreign travel must be authorized in advance either by the Executive Office for United States Attorneys (EOUSA) (travel involving Assistant United States Attorneys (AUSAs)) or by the Office of International Affairs (OIA)(travel involving Departmental prosecutors). EOUSA will not authorize the travel of AUSAs unless the prosecutor has obtained OIA's consent as required in JM 3-8.730.

Prosecutors should contact EOUSA and OIA well in advance of their intended departure date. OIA ensures that the prosecutors' plans are consistent with foreign law. EOUSA notifies the proper American diplomatic or consular post through the Department of State and verifies that the host country has consented. The Department of State requests host country clearances through its overseas missions. The process can take more than a week, but failure to comply may cause a wasted trip, refusal of permission to enter the country, expulsion from the country, or even arrest.

See also JM 9-13.534.

[updated October 1999] [cited in JM 9-13.534]