|
|
|
American Citizen Services
| |
|
If an American citizen dies in Japan, we stand ready to assist in any way possible. If next-of-kin is present in Japan, we can provide assistance in arranging for disposition of the remains and estate and in communicating expeditiously with other friends or relatives. In addition, we will prepare a "Report of Death of an American Citizen Abroad" based upon the Japanese death certificate. This is an English-language form documenting the death of an American citizen for use in the U.S. to settle estate matters.
When next-of-kin are not present, consular officers will locate and contact them immediately, informing them of the death and providing them with guidance concerning disposition of the remains. Under U.S. law, consular officers may also serve as provisional conservators of a deceased American's estate and arrange for disposition of the effects. This allows us to take possession of personal effects and see that they are properly inventoried and safeguarded until such time as the next-of-kin have been contacted and their wishes for disposition of the estate determined. The U.S. Government cannot pay for preparation and shipment of remains or the estate. Although we are prepared to carry out the next-of-kin's instructions in these matters, we can only do so after we receive sufficient funds to cover any costs. For further information on death of American citizens abroad, see the Department of State home page, http://travel.state.gov. |
|
|
| |
|
The U.S. - Japan Consular Convention obligates Japanese authorities to notify the Embassy or nearest Consulate within 24 hours if requested to do so by an arrested American. Normally, a consular officer will visit the detained American within 48 hours of arrest and will conduct regular follow-up visits. Anyone who breaks the law in Japan is subject to prosecution under the Japanese legal system. If a person is convicted and sentenced to imprisonment by a Japanese court, this sentence will be served in a Japanese prison. Consular officers cannot act as attorneys on a detained American's behalf and, contrary to popular belief, cannot arrange to have the American citizen released. We can, however, attempt to ensure that the detained American is treated fairly under the Japanese legal system and that his or her rights are protected in accordance with accepted international norms. We attempt to monitor the physical and mental well-being of the prisoner, provide information on Japanese law and lawyers, provide English reading materials and pass messages to friends and relatives.
Arrest Procedures
- Initial arrest procedures: Under Japanese law, you may be arrested and detained without bail for 48 hours by the police on suspicion of having committed a crime. If an arrestee is unable to hire a lawyer, he or she is not entitled to receive a court appointed lawyer until after indictment.
- Bail: Bail is the exception rather than the rule in Japan and is virtually unheard of for foreigners.
- Under investigation/the next 20 days: If the judge agrees there is probable cause to believe a crime has been committed, the court will issue an initial 10 day detention order to permit the police to continue their investigation. At the end of this 10 day period, the prosecutor can request a second 10 day detention period to continue the investigation. At the end of this 20-23 day detention period, the prosecutor must either ask for a formal indictment or release the prisoner.
- Compensation for detention: A person suffering damages from mistakes by the police or the prosecutor has the right to sue for compensation from the prefectural government having jurisdiction over the police or prosecutor involved.
- Trial: There is no trial by jury, instead cases are tried by a panel of three judges. Depending on the complexity of the case, a trial could last many months. Even with a guilty plea, a trial will consist of a minimum of two sessions. Prisoners usually receive partial credit for time served prior to conviction.
List of Attorneys in Naha's Consular District (link here)
For further information on arrest of American citizens abroad, see the Department of State home page, http://travel.state.gov. |
|
|
| |
|
In an emergency, consular officers will make every effort to locate Americans believed to be in Japan. These requests normally originate with a family member in the United States. Occasionally child custody welfare and whereabouts requests are made on behalf of minor children by a parent following a divorce or separation. The consular officer cannot take sides in such a dispute but will, if requested, attempt to locate children and transmit information to either parent regarding the children's health and well-being. In the absence of a court order showing evidence of legal custody, either parent may apply for a passport for a minor child provided the child is physically present at the time of passport application. For further information, please see the links below on the Department of State home page, http://travel.state.gov. |
|
| |
|
U.S. consular officers are empowered to act in place of U.S. notaries public. They can take acknowledgments and administer oaths as required and permitted by state and federal law. There are, however, some limitations to delegated notarial powers. Anyone wishing to notarize a document should appear in person at the nearest U.S. consular office with identification bearing his or her photograph, preferably his or her passport, alien registration card or driver's license. The name on this identification should be the same as that on the document to be signed. If you are signing as a corporate officer, or in some other executive capacity, you must present documentary evidence that you hold the position named in the papers to be signed.
Notarial services are provided during the Consulate's walk-in hours 0830-1130, Mon - Fri. The Consulate is closed on U.S. and Japanese holidays. The current fee for notarial service is $30 for the first seal and $20 for each subsequent seal. The fee is payable in by cash in US$ or yen, or by money order made payable to "U.S. Embassy, Tokyo." Personal checks are not accepted. For additional information on notarial services for U.S. citizens residing abroad, please see the Department of State home page, http://travel.state.gov.
Those needing notarial services should consider contacting a Japanese notary public or base legal offices. As Japan and the United States are both signatories to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents, Japanese notarial actions are fully acceptable in the U.S. Notarial seekers should contact the nearest Japanese notary for more information. |
|
|
